Terms and Conditions - Tzoker
AGREEMENT OF ACCESSION TO ONLINE GAMES OF CHANCE
What is the accession agreement?
The text below (“Accession Agreement”) describes the terms and conditions pursuant to which OPAP S.A. gives access, by any appropriate way or means provided by the modern technology, to the games of chance it conducts and organizes in Greek territory through the Internet.
Please take a moment and read carefully the following Terms, as they describe your rights and obligations.
By selecting “I Agree” upon the registration process, you fully and unreservedly accept the following Terms and Conditions, and you acknowledge that you understand them and that you fully comply with them, and thus your electronic account is created.
In case you do not agree with nor accept the Terms of the Accession Agreement, no electronic account is created.
OPAP S.A. is supervised by the independent administrative Authority under name "Hellenic Gaming Commission (HGC)" www.gamingcommission.gov.gr.
1. Accession Agreement
1.1. The present Accession Agreement (hereinafter the “Agreement”), concluded today between you (hereinafter the “Player”) and OPAP S.A. (hereinafter “OPAP S.A.” or the “Company”), regulates your participation, by any appropriate way or means provided by the modern technology, in betting and in other games of chance conducted and organized by OPAP S.A. in Greek territory through the Internet (hereinafter the “Games of Chance”) following registration at the Online Points. The Online Points are websites or parts of them ending in “.gr”, through which you may participate in online Games of Chance, and which belong to OPAP S.A. that manages and operates them exclusively, per the applicable provisions.
2. Amendment of Agreement Terms
2.1. The Company may amend at any time the terms of the Agreement, on the sole condition that any amendment will apply after its approval by the HGC, while the amendment will apply as of the day of its posting on the Online Points. The acceptance of the Agreement amendments is considered to be effected after the Player’s online acceptance of the new terms or, in any case, after the first session of use of his/her electronic account, following the notification of the new terms via the means set out in the present Agreement.
2.2. In case the Player does not agree with the amendment of the Agreement, the present is dissolved and the relevant terms apply with respect to the permanent closure and the clearance of his/her electronic account.
2.3. Any failure of any contracting party to enforce any right or term of the Agreement cannot be interpreted as waiver by such party of that right or term.
3. Player Account Details
3.1. Details entered upon registration of a new Player:
3.1.3. OPAP S.A. may request, at its absolute discretion, any additional information in accordance with the legislative and regulatory framework, as applicable each time, or as imposed by public authorities, or due to its internal policies, such as, indicatively, for the detection or avoidance of money laundering, for the protection of minors or for the deterrence of fraud.
3.1.4. The Player, upon the registration process and the filling-in of the details, declares that the information provided is true and accurate. The Player is obliged to immediately inform OPAP S.A. in the event of any change of the information having been provided upon his/her registration and/or upon the latest update that he/she conducted, concerning the existence of the said changes.
3.1.5. The Electronic Player Account is one and unique for every Player that is signed up, for his/her participation in all Games of Chance. OPAP S.A. does not provide the Player with the option to open and/or use more than one such Accounts.
3.2. Username & Password
3.2.1. The provision of services of Games of Chance presupposes that the Player uses a combination of a Username and a Password. OPAP S.A. may, from time to time, require that the Player changes and resets his/her personal Username and/or Password, in order for the Player’s transactions to be protected.
3.2.2. The Player accepts that the combination of his/her Username and Password represents him/her and fully substitutes his/her signature in any transaction carried out through the Online Points, that it is evidence of the use of Games of Chance services, and that it ensures that the participation in the Games of Chance derives from and is a product of intent solely of the Player.
3.2.3. The Player must keep his/her Username and Password secret. It is explicitly specified that the Username is one and unique. For transaction security reasons, it is recommended that the Player, when selecting his/her Password, makes use both of Latin alphabet characters, with the parallel use of small and capital letters, and of numbers and punctuation marks.
3.2.4. The Player expressly states that he/she acknowledges that he/she acts through the Electronic Player Account only for himself/herself, and that he/she shall ensure the non-disclosure of his/her Username and Password. In the event of theft, loss, illegal or improper use of them, the Player shall immediately inform OPAP S.A., otherwise he/she shall be held liable towards OPAP S.A. for any damage that may arise due to the aforementioned causes.
3.2.5. OPAP S.A. shall not be held liable for any damage that may be caused due to any act or omission of the Player, which may result in improper or incorrect use of the Electronic Player Account.
4. Player ID Verification Process – Temporary Electronic Player Account
4.1. In the process of verifying the Player’s identity, the latter is obliged to provide OPAP S.A. with a clear copy of a valid identity card or passport, and possibly with any other additional-supplementary document requested by OPAP S.A. for the completion of this process.
4.2. The documents required for the verification of the Player’s identity are directly sent or submitted to the Online Points, in accordance with the procedure indicated by OPAP S.A. In case the Player fails two times to verify his/her identity, he/she is permanently excluded from participating in the Games of Chance provided by OPAP S.A. through the Online Points.
4.3. Until the completion of the Player’s identity verification process, OPAP S.A. opens a temporary Electronic Player Account, strictly valid for a limited period of one (1) month. A maximum amount of eight hundred EUR (€ 800) is allowed to be deposited into this temporary Electronic Player Account. During this period, the Player is obliged to cater for the completion of the verification process of his/her identity data. The temporary Electronic Player Account is credited with any amount equivalent to any winnings from the Player’s participation in the Games of Chance offered by OPAP S.A. through the Online Points. The Player is not entitled to collect any amount, unless the verification process of his/her identity has been completed.
4.4. In the cases of paragraphs 4.2 and 4.3, OPAP S.A. is obliged to proceed to the closure of the temporary Electronic Player Account, in which case the provisions specified below, under section “Closure of Account”, apply.
5. Warranties – Prohibitions on Players
5.1. The Player warrants that he/she:
a) has full legal capacity;
b) is above 21 years of age;
c) uses the Electronic Player Account solely and exclusively for himself/herself and not on behalf of a third party;
d) uses monetary amounts that do not derive from criminal or illegal activities or actions in general;
e) shall immediately inform OPAP S.A. in the event of any change of the information provided upon registration and/or later on.
5.2. Moreover, the Player explicitly warrants that he/she is aware of the fact that the following are prohibited and will not be permitted to him/her:
a) to open and/or use more than one Electronic Player Accounts;
b) to use financial transactions means of third parties, such as indicatively: bank account and/or debit and/or prepaid card etc.;
c) to deposit any amount exceeding eight hundred EUR (€800) into his/her temporary Electronic Player Account;
d) to make use of the services of the Games of Chance provided by OPAP S.A. through the Online Points outside Greek territory;
e) to participate, even though he/she has been listed in the registry of self-excluded persons;
f) to participate, as long as the customer relationship with OPAP S.A. is valid, in collusions (“fixed games”);
g) to deposit into the (either temporary, or not) Electronic Player Account amounts that derive from criminal or other illegal activities.
6. Deposits into the Electronic Player Account
6.1. The Player’s deposits into the Electronic Player Account are only addressed to OPAP S.A. and are effected only as consideration for the Games of Chance services provided by the latter through the Internet, without an intermediary, with the exception of credit institutions or payment institutions established and lawfully operating in Greece or in another Member State of the European Union or of the European Economic Area. The transfer of credit units between two or more online Player Accounts is not allowed.
6.2. The Player explicitly warrants that the payments to the Electronic Player Account are made with the sole purpose of participating in the Games of Chance.
6.3. OPAP S.A. holds the right to withhold from the amounts deposited to the Players’ accounts any charges and/or costs incurred to it due to the above cause, namely, in particular, the fee of the credit institution, the account opening costs, third party fees etc.; these are notified in advance to the Player through the Online Points.
6.4. The deposits of amounts into the Electronic Player Account are interest-free, regardless of the amount kept in the Account.
7.1. OPAP S.A. can reward its Players. The terms and conditions governing the loyalty programs are formed while observing the provisions of the relevant HGC decision, in accordance with the principle of equal treatment of all Players to be rewarded, and are posted on the Online Points.
7.2. OPAP S.A. may proceed, at any given moment, to the cancellation of any program for any reason, at its discretion.
8. Electronic Player Account Suspension
8.1. OPAP S.A. suspends the operation of the Electronic Player Account at any given moment in the following cases:
- At the request of the HGC or any other competent authority.
- In cases where it is suspected that the information provided by the Player is false, or no longer valid, and needs to be updated.
- In cases of suspected conduct falling under the provisions of the legislation on money laundering and terrorist financing.
- In case it is suspected that the integrity of the Player’s data has been undermined or is threatened.
- In cases of suspected violation of the provisions of the applicable legislation on the gaming market, as well as any violation or circumvention of the provisions governing the Games of Chance.
- When the smooth operation and/or integrity of the Games of Chance is threatened.
- For Responsible Gaming purposes.
8.2. It is expressly agreed between the contracting parties that the closure of the Electronic Player Account during the suspension of its operation is prohibited.
9. Closure of Electronic Player Account
9.1. The Player may request the closure of his/her Electronic Player Account at any time, by submitting a relevant request to OPAP S.A., in accordance with the relevant instructions for account closure. Furthermore, OPAP S.A. may, at any time, proceed to the closure of an Electronic Player Account, given that there are grounds of violation of the Agreement terms, of the provisions of the legislation concerning the regulation of the online gaming market, of the provisions pertaining to money laundering, or of violation of the terms and conditions on the responsible conduct of the Games of Chance through the Online Points. For this purpose, OPAP S.A. informs the Player about the closure of his/her Electronic Account, when it is carried out, at the email address he/she has declared.
9.2. In case of closure of the Electronic Player Account, OPAP S.A. returns the available balance of the Account to the Player, the soonest possible and up to five (5) business days after the closure of the Electronic Player Account, after having previously withheld any expenditure and other charges and/or costs that were probably incurred to it as a result of the existence of funds in the Electronic Player Account which, finally, were not used by the Player for his/her participation in the Games of Chance; these are notified in advance to the Player through the Online Points.
9.3. OPAP S.A. obligatorily and immediately proceeds to the closure of a temporary Electronic Player Account in case that the Player provided any false information regarding his/her identity details upon registration, or has not submitted the documents required for the verification of his/her identity within one (1) month, as he/she ought to, or in case he/she violated the terms of this Agreement or of the existing legislative and regulatory framework in general and, in particular, the provisions related to his/her participation in the Games of Chance provided by OPAP S.A. In case of closure of a temporary Electronic Player Account for the aforementioned reasons, only the amounts that were not used for participation in the Games of Chance are returned to the Player, after the deduction of any costs, fees or other charges. Any winnings of the Player from his/her participation in the Games of Chance are withheld by OPAP S.A. and are added to the undistributed winnings.
10. Player Responsibility
10.1. The Player warrants that his/her participation in the online Games of Chance offered by OPAP S.A. constitutes his/her free and independent personal decision.
10.2. Within the process of identity verification, OPAP S.A. requires that Players submit supporting documents to prove, among others, their age, and prohibits the continued use of the services it provides by persons who do not meet the age limits set by law.
10.3. The Player also warrants that he/she fully understands that OPAP S.A. does not offer, through the Online Points, legal advice nor encourages participation in the Games of Chance it offers, and that he/she is solely responsible for ensuring that he/she complies with the applicable legislative and regulatory framework at all times.
10.4. In case the Player violates the Agreement and/or the applicable legislative and regulatory framework governing Games of Chance, insofar as they relate to this Agreement, he/she shall be liable to pay compensation to OPAP S.A. or any third party claiming under the latter for any incidental or consequential damages.
11. Limited Liability Clause
11.1. OPAP S.A. undertakes to provide the Games of Chance services through the Online Points to any natural person that wishes to participate in the Games of Chance within Greek territory.
11.2. OPAP S.A. shall not be held liable for any problems or damage that the Player may suffer due to technical problems, such as, indicatively, failure of electronic systems, communication lines, telephone lines or electronic links [e.g. inability to connect to the Internet Service Provider (ISP)] or any other failure due to which the access to the Online Points, or to the content of the Online Points and to the services provided through them, is problematic or is rendered difficult or impossible.
11.3. OPAP S.A. shall make every possible effort to ensure that the information contained in the Online Points is correct, however, it cannot guarantee the accuracy or completeness thereof. Furthermore, OPAP S.A. makes every possible effort to protect and retain the integrity of its technical and communication systems it uses. OPAP S.A. shall not be held liable for the Player’s systems security [indicatively, damage caused by viruses that can lead to equipment (H/W or mobile devices) or software (S/W) failure], as well as for the unauthorized access and use of the Player’s software or personal data (hacking) by third parties. Furthermore and despite OPAP S.A.’s efforts to safeguard the Players’ data, it shall not be held liable for any damage suffered by the Player in the event of interference or attempted interference in the network of OPAP S.A. on the Internet, or in the event of non-operation of the system for reasons other than gross negligence or willful misconduct of itself, its employees or its agents.
11.4. OPAP S.A. shall not be held liable for any damages caused by errors in data entry, saving and/or processing of entered data, or by incomplete or inaccurate data transmitted that are not due to gross negligence or willful misconduct of itself, its employees or its agents, and reserves the right to correct obvious errors during the saving and processing of results (e.g. errors related to the identity of Players etc.).
11.5. OPAP S.A. shall not be held liable for damage of any kind caused by any misuse of the Electronic Player Account by the Player himself/herself or by third parties that have no right to use the said account.
11.6. OPAP S.A. shall not be held liable for any loss of winnings due to any interruption of the events contained in the betting slip.
11.7. The Online Points and the content thereof do not constitute nor aim at the request, invitation or encouragement on behalf of OPAP S.A. of use of online Games of Chance services or the registration of new Players.
11.8. In no event shall OPAP S.A. be held liable for any lost winnings of the Player from the participation or not in the Games of Chance.
12. Intellectual Property
12.1. The entire content of the Online Points, the trademarks, services marks, trade names, logos and illustrations are protected by the legislation on intellectual property, and the Player warrants that he/she is aware that the above constitute property of OPAP S.A. or its partners or third parties, from which OPAP S.A. has obtained a relevant license of use. The Player does not acquire intellectual property rights from the use of the Online Points, and/or from the provision of the Games of Chance services offered through them.
12.2. The Player is prohibited from reproducing, converting, storing, copying, republishing, uploading, posting, transmitting or distributing, by any means or process, as well as from including in any other website or app, any public or private system or electronic retrieval service, including texts, graphics, videos, messages, codes and/or software without the prior explicit consent of OPAP S.A. in writing.
12.3. Any commercial use or exploitation of the Online Points or of the content thereof by any third party is prohibited.
13. Data Protection
14. Use of the Online Points
The data provided to the Players through the Online Points or through the Electronic Player Account, such as, indicatively, entries, sporting events, match schedules, odds, results, account balance, gaming behavior data etc., are provided solely for the personal use of the Players, whereas the distribution or commercial exploitation of such information is strictly prohibited.
14.1. In no case can it be interpreted that the information and the data provided through the Online Points are intended for the provision of advice or recommendations, for the encouragement or incitement of any person to participate in the Games of Chance offered by OPAP S.A. through the Online Points.
14.2. The Online Points and the services offered through them can be used solely and exclusively for the Player’s participation in the Games of Chance offered by OPAP S.A. online. Any other use of the Online Points and/or of the services offered through them by the Player for any other purpose and, in particular, for illegal, libelous, offensive or obscene purposes, is strictly prohibited. Specific terms for the use of the Online Points are presented in the relevant “Use of Online Points” section.
15.1. The Player warrants that he/she agrees to and accepts the monitoring of the number of visits to the Online Points and the collection of a small piece of information sent from the browser, the so-called “cookie”, in order for any visit to them to become more user-friendly.
15.2. In any case, the Player may refuse, through the web browser, the placement and/or the ongoing transmission of information contained in cookies. More information on this topic is available in the browser or its help screen. It is clarified that disabling the collection of cookies might limit the use of the said Online Points by the Player.
16. Submission of complaints
16.1. The Players reserve the right to inform OPAP S.A. in writing about any matter affecting the provision of the Games of Chance services by it, through a written complaint submitted to e-mail address firstname.lastname@example.org within 15 days as of the announcement of the winning column. A prerequisite for the consideration of each complaint by OPAP S.A. is, firstly, that the identity details of the complainant are clearly mentioned and, secondly, that the reasons for the complaint are listed with absolute clarity and precision.
16.2. OPAP S.A. informs the Player by sending a reply to him/her, concerning either the content of the complaint or the progress of the investigation work in relation to the content of the complaint. The reply is sent to the e-mail address declared by the Player upon sending the complaint, therefore the receipt of the reply by the Player is conclusively presumed.
17. Communication – Notification of Players
17.1. The regulatory framework governing the conduct of Games of Chance is posted on the Online Points and on the website of OPAP S.A. and of the HGC for the full information of the Players concerning the games offered by OPAP S.A.
17.2. OPAP S.A. will communicate with the Player through posts and messages sent to the Electronic Player Account or through electronic notifications sent to the e-mail address declared by the Player upon registration. The notification shall be deemed to have been received by the Player on the date of transmission. Provided that the Player uses the said services, he/she warrants that he/she has the necessary software and hardware to receive these notifications. If the Player does not agree with the above way of communication and with the receipt of these electronic notifications, the use of the said services is not allowed.
17.3. For the purposes of the present Agreement, it is concluded that the above communication from OPAP S.A. to the Player constitutes written communication.
18. Responsible Gaming
18.1. OPAP S.A. has adopted and applies the general principles of Responsible Gaming, in its effort to ensure that the Players are aware that their non-responsible participation in the Games of Chance might affect their daily lives negatively.
18.2. OPAP S.A., within the framework of promotion of Responsible Gaming and out of respect for its Players, has adopted a series of measures which are posted on the Online Points under the “RESPONSIBLE GAMING” section.
18.3. The Player warrants that he/she shall visit the link which is posted on the Online Points and marked as “RESPONSIBLE GAMING”, in order to be fully informed about the measures OPAP S.A. has adopted.
18.4. The Player, in any case, warrants that he/she is aware that he/she has the right, among others, to:
a) set payment limits to the Electronic Player Account, on a daily, weekly or monthly basis.
b) request from OPAP S.A. the increase of the payment limit set. It is explicitly clarified that the request will not be implemented before 24 hours have lapsed from the time of its submission.
c) temporarily or permanently exclude himself/herself or temporarily abstain from the participation in the Games of Chance offered by OPAP S.A., in accordance with the following:
18.5. OPAP S.A. provides the Player with the possibility to proceed, via the Online Point, to his/her temporary or permanent exclusion from participating in the online Games of Chance. It also ensures that the Player does not participate in the online Games of Chance after he/she has excluded himself/herself.
18.6. The temporary exclusion is set by the Player, for a period of at least one (1) month. OPAP S.A. deactivates immediately the Electronic Player Account and keeps it deactivated during the period of the temporary exclusion.
18.7. If the Player chooses his/her permanent exclusion, OPAP S.A. deactivates immediately his/her Electronic Player Account, keeps it deactivated and terminates the contractual relationship. For the clearance of the Electronic Player Account, everything mentioned above in section “Closure of Player Account” of the present Agreement applies. The Player cannot re-register for one (1) year after the deactivation of his/her Electronic Player Account.
18.8. Furthermore, the Player shall have the option of temporary abstention from participating in the online Games of Chance for twenty-four (24) hours. If the Player chooses to temporarily abstain, OPAP S.A. deactivates immediately his/her Electronic Player Account for the said period.
18.9. OPAP S.A. informs the excluded Player, in accordance with paragraphs 18.6. and 18.7., as well as in the case of five (5) temporary abstentions, regarding the possibilities of counseling and support at a Greek rehabilitation center.
18.10. OPAP S.A. informs its Players that they can take a self-assessment test of addiction to games of chance, which is posted on the Online Points, and/or receive assistance and psychological support through telecounseling by calling the KETHEA – ALPHA 1114 helpline, which operates with the financial support of OPAP S.A.
18.11. With the present Accession Agreement, the Player gives his/her full consent in being registered to the record of excluded players, in the event of temporary or permanent exclusion.
18.12. Before the creation of each Electronic Player Account, OPAP S.A. shall necessarily refer to the record of excluded persons in order to ensure that the person who wishes to sign up is not registered therein. If the person is registered in the record, the sign-up of an Electronic Account is rejected and the Accession Agreement is not concluded.
18.13. The Player that is permanently excluded cannot re-conclude an Accession Agreement with the Company for one (1) year after the deactivation of his/her Electronic Player Account.
18.14. OPAP S.A. takes all necessary measures to avoid sending any commercial communication material to Players who have been temporarily or permanently excluded from participating in the Games of Chance.
18.15. OPAP S.A. may provide the option of cash-out to the Player for the betting services it offers. The cash-out is offered at the value given each time by OPAP S.A. to the Player, at its discretion, and takes place only if the Player accepts it via his/her Electronic Player Account. The acceptance of cash-out by the Player cannot be revoked and constitutes full and unconditional waiver by the Player of the initial odd the cashed-out bet, regardless of the subsequent outcome of the betting event.
19. Probative Value
19.1. The contracting parties agree and accept that the probative value of the online transactions is the same to the hard-copy ones. The storage of the participation in the system constitutes conclusive proof of the participation request.
19.2. In case of incorrect transmission of a participation request or money-transfer order from or to the Electronic Player Account, the Player explicitly waives his/her right to ask for the cancellation of the request or order, or even of the transaction established in accordance with it.
19.3. The data entered in the Information System of OPAP S.A., as well as its books and records, which are issued and kept for accounting or supervisory purposes in hard or soft copy, including copies and extracts thereof, have full probative value as to the records they contain.
20.1. OPAP S.A. shall credit the Player’s winnings after it has previously withheld all respective taxes per the applicable legislation.
20.2. The Player is entitled to receive annually a certificate of winnings, in accordance with the policy and procedures set by OPAP S.A.
21. Payment of Winnings
21.1. Winnings are credited directly and solely to the Player’s account, which is kept at a credit or payment institution established and lawfully operating in Greece or another Member State of the European Union or the European Economic Area. It is explicitly clarified that the relevant order for the Player’s payment is given by OPAP S.A. within 24 hours as of the submission of the relevant request. It is clarified that, for reasons of confidentiality of big winners’ details, for winnings exceeding one hundred thousand (100,000) EUR, the Player will be informed on the way of their payment exclusively by specially authorized members of OPAP S.A.’s personnel, who will be the only ones having access to the said piece of information.
21.2. The Player expressly warrants that he/she consents to the processing conducted by OPAP S.A. of the data relating to his/her bank account number, for the purpose of financial transactions between OPAP S.A. and the Player, and also of verification of the Player, which data he/she grants for the performance of the present Agreement.
22. Term - Termination
22.1. The present Agreement is concluded as an agreement of indefinite term and may be terminated in writing, at any time and without notice, by either contracting party. The termination is effected through the submission of a written request by the Player for the closure of his/her Electronic Account, which is notified to OPAP S.A. via an e-mail to email@example.com, or via the closure of the Electronic Player Account by OPAP S.A. The termination shall mean the dissolution of the Agreement upon its receipt by the counterparty. For the closure and clearance of the Electronic Player Account, everything mentioned above in section “Closure of Player Account” of the present Agreement applies.
22.2. The provisions of terms 5, 6, 10 to 14, 17 and 19 remain in force even after the termination or otherwise end of this Agreement.
23.1. The Player is expressly prohibited from assigning or transferring any right and/or obligation under this Agreement to any third natural or legal person.
24.1. These terms, as well as the policies and the texts to which these refer, constitute the complete agreement between OPAP S.A. and the Player on the matters regulated by it.
24.2. With respect to any matters that are not regulated by the present Accession Agreement, the applicable provisions apply, which prevail over any term of the present Agreement that opposes them.
24.3. In case any term of the Agreement is ruled void or invalid, it shall not affect the validity or effectiveness of the other terms of the Agreement. OPAP S.A. is entitled to readjust any term, deemed void or invalid, in order for the reason of voidness or invalidity to be eliminated, keeping though its content to the extent possible.
24.4. The present Agreement is governed by Greek law. Any dispute arising from this Agreement, including any proceedings during the enforcement or adoption of any interim measure, shall fall under the exclusive jurisdiction of the Courts of Athens.