These General Terms and Conditions form the basis of any business relationship between S&T and the Player for the utilisation of the internet services on the gaming platform funwincy.com. S&T AG is the owner of the gaming platform funwincy.com. These General Terms and Conditions shall form an integral part of all offers, contracts, promises of guarantee, deliveries and services within the framework of the business relationship between the Player and S&T AG as the owner of the website.
On the gaming platform, hereinafter referred to as funwin, various types of games are offered. The games on funwin are offered as play money games, but also as games with the option to win real money. The Player has the option to play these games in various modulations, such as Jackpot Tournament, MultiPlayer Challenge, MultiPlayer Match, etc. The Player plays against other Players at any time.
A. Contractual parties
The owner of funwin is S&T AG, Industriezeile 35, A-4021 Linz, and will be called "S&T" or "we".
“Player" and “he/she” always means the natural person who registers with funwin.
- These General Terms and Conditions were published in October 2010 and represent the current version of these General Terms and Conditions. They shall supersede all previous versions and shall become valid instead of any previous version.
- Any offers, contracts, promises of guarantee, deliveries and services between S&T and the Player shall be exclusively subject to the following terms and conditions. The Player shall confirm his/her registration by activating the checkbox “I hereby accept the General Terms and Conditions” and by clicking on “Register now”. By doing so, he/she confirms that he/she has read and understood these General Terms and Conditions. Any statements to the contrary by the Player shall be ineffective.
- Any collateral agreements, changes or amendments to the contract between the Player and S&T must be in writing in order to be effective.
C. Subject matter of the contract
- S&T offers the gaming platform funwin as an interactive website on the internet. This platform enables the Players to play games of the types "amusement" and "with the option to win real money".
- S&T shall be entitled to change or amend the services offered on the gaming platform. This entitlement shall also include the complete termination the gaming platform or the termination of individual contents of the gaming platform.
- S&T shall be entitled to restrict or refuse access to this gaming platform or to individual contents thereof from certain countries or regions.
D. Playing conditions
- In order to be able to use the gaming platform and its contents, the Player must complete the full registration process. In this context, the Player shall be obliged to provide any information requested by the gaming platform in a comprehensive and truthful manner. During his/her activities on the gaming platform, the Player shall be obliged to report any changes to such information. Should these data be incorrect or untruthful, S&T shall be entitled to refuse to make any payments until the Player provides truthful information.
- The Player guarantees, at the time of registration and at any time thereafter:
- not to pay in any money coming from criminal and/or illegal acts;
- not to act in the name of any third party;
- not to sell, transfer or otherwise make available any gaming accounts to other Players;
- not to acquire or use gaming accounts from any third party;
- to keep his/her gaming habits at a moderate level in order to prevent any hazards to himself/herself;
- not to pay in money with a credit card if he/she is not the authorized holder of the related account;
- not to pay in money if the services and activities offered by S&T are prohibited in the Player’s country;
- not to play any games offered by S&T, neither tournament games nor matches, if such games are prohibited in the Player’s country.
- Only natural persons who reached the minimum age for full legal capacity applicable in their respective country and who are capable of exercising their free will shall be entitled to play games with real money. Players from the United States of America are completely prohibited from playing games with real money. S&T reserves the right to verify the Player’s age and origin and, if sufficient evidence for the correctness of these data cannot be provided, to exclude this Player from the games with real money. In addition, S&T shall be entitled to subject the access to its services and products to further conditions.
- The legal provisions for playing tournament games or matches with real money can vary from country to country. In countries in which such activities are legally prohibited, the services and products offered by S&T shall not represent an offer, instigation or request to use these services. It is the Player’s sole responsibility to guarantee that he/she uses the services and products offered by S&T in accordance with the applicable legal requirements.
- The Player shall be obliged to obtain information on the applicable legal provisions valid in his/her country before he/she uses the gaming platform.
- The Player shall have no legal claim to register and play on the platform.
- The services and products offered by S&T are state-of-the-art. S&T shall not guarantee that the services and products are continuously available and always free from defects. However, S&T will use its best efforts to immediately remedy any defects or problems.
- S&T shall not assume any guarantee for the technical configuration of the computer or device used by the Player to access the website. This is the Player’s sole responsibility.
- Matches and tournament games offered by S&T can be subject to restrictions as to time and Players. There is no legal claim to play.
- The winners are announced after the end of the match or the tournament game. The winners are the persons officially declared by S&T to be the winners. S&T reserves the right to subsequently correct any erroneous results and to cancel the prizes of the persons erroneously declared to be the winners. Prize money is exclusively credited to the gaming account and any recourse to courts of law shall be excluded.
- Employees of S&T and their family members shall be excluded from matches and tournament games.
- Any contents a Player posts on the website in the form of e-mails, SMS messages, etc., shall become S&T's exclusive property. The Player shall not be entitled to receive any compensation therefor.
E. Play money accounts
- After successful registration by thorough and full completion of the registration process, the Player’s account shall be activated. After verification of the e-mail address stated by the Player, an amount of play money shall be credited to the Player’s account. This amount of play money shall be virtual play money. The Player shall have no right to claim such play money. The purpose of the play money is to test the matches and tournament games. The Player shall not be entitled to claim payment of the play money or a credit of such play money to his/her real money account. Each Player can only open one Player’s account. The opening of the play money account shall be free of charge.
- During the registration process, the Player shall be obliged to provide the following information:
- personal user name - there shall be no legal claim to a specific user name. The user name must be unambiguous and distinctive. When selecting the user name, the Player must not select any insulting, immoral or obnoxious terms, internet links or terms purporting that the Player has any additional rights. S&T reserves the right to block any Player’s account with such a user name until the Player selects an admissible user name.
- password - must be confirmed by entering it again. The password shall be used for the login to funwin. The Player shall have no right to claim any specific password. Should the Player forget his/her password, he/she shall not be entitled to claim his/her previously entered password. The Player shall receive a password automatically generated by the system which he/she can change after the login to his/her funwin account.
- E-mail address - must be a valid e-mail address and in the Player’s possession. The Player is clearly identified by this e-mail address The Player is granted access to funwin exclusively by an e-mail sent to the Player and containing an activation link.
- The Player shall be obliged to keep secret his/her user name and related password. The Player shall immediately inform S&T in case he/she lost the password and/or if any third party gained access thereto. The Player shall be responsible for any activities in relation with his/her Player’s account. Therefore, it is in the Player’s best interests to keep the password secret in order to avoid any misuse by any third party.
F. Real money accounts
- After the Player has opened his/her Player’s account, he/she has the option to convert this ac-count into a real money account. Such conversion shall be free of charge, however, the Player shall be obliged to make a real money payment into such account.
- The conversion of an account into a real money account shall be subject to the abovestated regulations and conditions of these General Terms and Conditions.
- In addition, the Player must register as a Player with real money. This registration must contain the following information, which the Player must provide correctly and completely:
- First name
- Last name
- Date of birth
- Native country
- The Player shall be obliged to ensure that the information stated in the course of the registration process is always up to date and to make any changes necessary to his/her Player's account with funwin.
- S&T shall be entitled to verify the correctness of the information provided. Should S&T find out that any of the information provided was incorrect, S&T shall be entitled to exclude the Player from using S&T’s services and products. S&T shall also be entitled to refuse to pay out or hand over any prizes won or expected to be won.
- The real money account shall be opened automatically upon the payment of real money required for the conversion of an account into a real money account. S&T shall manage such amounts paid into the gaming account free of charge and without any interest for as long as the account remains activated.
- The credit balance on the real money account cannot be used for any purpose other than the services and products offered by S&T.
- funwin’s key currency shall be euro.
- Only real money Players shall be entitled to play games with real money, subject to the corresponding playing conditions.
- In connection with a real money account, the following types of real money amounts must be distinguished:
- credits due to deposits made by the Player;
- credits due to credits granted to the Player by S&T;
- credits due to prizes won in games on funwin.
- S&T shall be entitled to verify any deposits, remittances and/or money transactions in order to prevent money laundering. Any suspicious deposits, remittances and/or money transactions are referred to the competent authorities for further investigations.
- The Player can credit money to his/her real money account by making a deposit. Real money can be paid into a gaming account by paying real money into an account of S&T by one of the various payment methods described on the platform. S&T reserves the right to change the payment methods offered at any time and without stating any reasons. S&T reserves the right to charge the Player’s account with any costs incurred in connection with payments made. In such a case, the paid-in amount less the costs incurred is credited to the Player’s account. S&T shall be entitled to charge a lump sum fee for certain payment methods. In addition, S&T shall be entitled to subject the use of certain payment methods to certain conditions. S&T shall use its best efforts to insure - but cannot guarantee - that all payment methods are available at any time and in any place.
- Any payment made shall not be valid until credited to S&T's account and will then be shown in the Player's real money account. Thus, it shall be deemed agreed upon that such amount was paid in irrevocably. The minimum amount to be paid in shall be EUR 10.00, the maximum amount that can be paid in shall be EUR 300.00. S&T reserves the right to change the minimum payment amount and/or the maximum payment amount.
- In addition to the real money actually paid in, S&T shall be entitled to credit an additional amount to the Player’s account. Such additional amount can be subjected to any conditions defined by S&T. S&T reserves the right to change the amount of such additional credit and the conditions connected therewith at any time. The option to receive additional credits and the conditions relating thereto are published on funwin. When making a payment, the Player shall not be legally entitled to receive an additional amount.
Playing and stakes
- If credits due to deposits and/or credits due to credits were made to the Player’s account, first the credits due to deposits are used for making the stakes.
- Credits due to prizes won can only be obtained by winning games with the option to win real money.
- The Player must make a stake in order to be able to play the game. Such bet contains a gaming fee. Such fee is determined by S&T and S&T shall be entitled to change such fee at any time. The Player has no legal claim to demand that the amount of such fee be a specific minimum or maximum amount. The remainder of the stake shall be paid out as a prize corresponding to the rules of the relevant game.
Conditions for winning games
- Real money Players can play against each other for real money. The rules of the individual games are contained in the description of the individual games. The bets to be made therefor are calculated automatically by funwin and can be gathered from the individual match or tournament game.
- The Player must win a game in accordance with its rules for a match and/or tournament game to be rated as "won". In addition, the connection to the gaming server must be continuously maintained during the entire game. More detailed information on the rules for interrupted games is contained in the FAQ at funwin.
- If the match and/or tournament is completed and rated as "correct", the prize won by the winner shall be calculated and credited to his/her account in accordance with the rules.
- S&T shall be entitled to subsequently correct and/or cancel any matches and/or tournaments if the relevant prize was won due to a technical defect, fraudulent conduct by a Player or by simulating the existence of a stake.
- If any Player simulates the existence of a stake or behaves fraudulently and this results in a negative balance on his/her real money account, the Player shall be obliged to settle the balance by making a payment.
- The exclusive basis for the calculation of the result of a game are the data on S&T’s servers. Any deviations from the information shown on the website shall not entitle the Player to object to the result.
- Credit balances based on deposits and credits cannot be disbursed but must be used for playing on funwin. Only balances based on prizes can be disbursed.
- The real money credit balance shown on funwin includes credits based on deposits, credits and prizes. In "My account", the Player can see a detailed list of any credits and any prizes eligible for disbursement.
- The disbursement of any real credit balance in whole or in part can only be effected upon the Player’s request or by automatic disbursement by S&T, but not more often than twice a month. In case of a disbursement upon the Player’s request, the amount paid out must not be lower than EUR 20.
- The maximum amount for prizes won per real money account shall be EUR 2,500.00. If this amount is exceeded, the Player will be asked to send the banking information for a bank account in his/her name unless S&T already received such information before. An automatic disbursement shall be effected. The amount of such disbursement shall correspond to the difference to EUR 2,000.
- The amount to be disbursed shall be remitted to a banking account of the Player stated by the Player in connection with such disbursement or at an earlier time, or to another payment system, depending on the technical availability on funwin. Such disbursement shall have a debt-discharging effect for S&T. The Player shall not be entitled to demand another disbursement method except for remittance to a bank account of the Player. Any transaction costs incurring, including exchange costs from euro into another currency, shall be borne by the Player.
- S&T reserves the right to verify the authorization of the holder of the banking account and to withhold payment in case of any doubt. In order to enable S&T to effect such verification, the Player shall be obliged to send to S&T via fax, e-mail or letter: evidence for such authorization for the banking account and a copy of his/her officially valid photo identification (passport, identity card). The disbursement shall not be effected before receipt of such evidence. Such evidence must be submitted in any case before the first disbursement, upon any change of the banking account and upon any request made by S&T. S&T will request such evidence in any case if the amount to be disbursed exceeds EUR 300.00. It is a mandatory condition that the personal data and the data of the holder of the banking account be identical. Until receipt of such evidence, S&T shall be entitled to refuse to disburse any prizes won.
- S&T reserves the right to postpone the disbursement of any prizes won until the objection period of the Player who lost the game elapsed.
- The registration of a play money account and the conversion of such account into a real money account shall be free of charge. The conversion into a real money account is connected with the obligation to make a deposit. From such deposit, no costs for the conversion into a real money account shall be deducted.
- For the provision of the games, matches and tournaments and for the account-keeping and the account management, S&T shall be entitled to deduct a fee calculated as a percentage of the bets on a game, match or tournament. Such percentage rate is currently 20 %. S&T reserves the right to change this rate for all games or for any individual game at any time. A change applicable to all games shall be published in the General Terms and Conditions or on the gaming platform. A change applicable to an individual game shall be shown in the description of such game.
- If a real money account remains inactive for a period exceeding three months, S&T shall charge a monthly fee for the maintenance of the account amounting to EUR 1.00, starting as of the fourth month of inactivity.
- For each disbursement of prizes won, S&T shall deduct a handling fee of EUR 1.00 from the amount to be remitted. The amount of the handling fee may vary depending on the payment system selected by the Player. Should a higher or lower fee be deducted per disbursement, this shall be published on the gaming platform. S&T shall be entitled to increase such fee.
- For any cancellation and/or reimbursement of any payment already made, S&T shall charge a handling fee of EUR 12.00.
- For any reminder in connection with any cancellation and/or reimbursement of any payment already made, S&T shall charge a handling fee of EUR 4.00.
- For the deletion of a real money account, S&T shall charge a handling fee of EUR 3.00.
- If a Player causes additional costs in connection with deposits or disbursements, such costs are to be borne by the Player. S&T shall be entitled to charge the Player’s real money account with these additional costs. Any costs for return remittances or wrong remittances shall be borne by the Player to the extent the Player is responsible therefor (e.g. if the Player stated a wrong account number, etc.). This shall not affect S&T’s right to claim payment of additional costs (such as legal costs) from the Player. S&T shall be entitled to debit such costs from the Player’s real money account and to have such amounts collected by a collection agency and to transfer the corresponding claim to such collection agency.
G. Behaviour on the gaming platform
- Any misuse of funwin shall be strictly prohibited. Cases of misuse shall include but not be limited to the following:
- if a Player opens more than one gaming account;
- if a Player deliberately gives incorrect or misleading information upon registration;
- any violation of the rules for communication between the Players;
- any attempt to influence the result of any games in any way;
- deliberately caused malfunctions and/or errors suitable to influence the course of a game;
- the use of any bots or computer programmes which automatically play games or manipulate the course of a game;
- the violation of other provisions included in the General Terms and Conditions.
- The Player shall neither attempt to decompile the software used by funwin nor shall he/she attempt to develop software which interferes with the technology used by funwin.
- The Player is not allowed to use any software programmes which use artificial intelligence. S&T reserves the right to take any steps necessary in order to detect and stop any use of such software programmes by Players. This includes the identification and localisation of the Player and the installed software programmes, the preparation of logs of the playing habits for investigation purposes as well as the blocking of the gaming account and of the Player for a definite or an indefinite period of time for funwin and other products and services offered by S&T and the confiscation of the credit balance in the account. This prohibition shall cover all and any software programmes which enable the Player:
- to gain an advantage which is not solely based on his/her skills;
- to automatically create Players’ profiles;
- to effect secret agreements between Players.
- The Player ensures that his/her contents generated and actions taken in connection with funwin do not violate any legal provisions or third party rights.
- The Player undertakes not to make any insulting, defamatory, racist, political, antialien or otherwise discriminating, pornographic or harassing statements or to visualise any contents representing such statements in any way.
- The Player is strictly prohibited from appearing on funwin with a false identity. This shall include any appearance as a representative or employee of S&T or any other corporation.
- The Player is strictly prohibited from effecting any promotion which is not provided by funwin.
- S&T reserves the right to record and verify any contents created by Players for investigation purposes. S&T shall be entitled to delete any contents violating the provisions of these General Terms and Conditions, to interdict their distribution and to report any illegal contents to the competent authorities.
- In addition, the following shall be prohibited:
- distribution of third party advertising on funwin;
- distribution of chain letters, conducting of surveys, etc.;
- distribution of viruses, worms (computer programmes or codes suitable to manipulate or change other computers or computer programmes), etc.;
- disturbance of other Players by entering meaningless or repeating combinations of characters;
- deliberate blocking of games and/or communication flows in any manner.
- The business relationship between the Player and S&T can be terminated by either party as of the end of the month in which notice was given.
- S&T shall be entitled to effect an extraordinary termination of contract with immediate effect, if the Player is suspected of having committed an act of misuse. If S&T extraordinarily terminates the business relationship due to any misuse, the business relationship between the Player and S&T shall end immediately upon receipt of the notice of termination.
- Any notice must be in writing. An e-mail shall be sufficient to fulfil this requirement of written form. An e-mail shall be deemed received as of the time it was sent.
- In case of a misuse or an attempted misuse, S&T reserves the right to take punitive measures against such Player, which might include blocking the gaming account and the Player for a definite or an indefinite period of time for funwin and other products and services offered by S&T and the retention and/or withholding of the credit balance on the gaming account.
- The Player shall be obliged to compensate S&T for any expenses incurred due to the misuse.
- Both parties shall be entitled to terminate the contract without notice and without stating any reasons. S&T shall inform the Player via e-mail of such termination. The Player shall effect such notice via e-mail which must include his/her name, user name and password to email@example.com using the e-mail address he/she used to open the gaming account. Within a period of two weeks, the gaming account data shall be deleted and the real money credit balance shall be disbursed.
Deactivation of a Player’s account
- In case a real money account remains inactive for a period of three months, S&T shall send a reminder to the Player.
- If there is no activity on funwin or on the account for a period of 12 months, the gaming account shall be blocked. Before the final deletion of such account, the Player shall receive another notification to the e-mail address stated upon registration.
- Should the Player fail to request his/her credit balance eligible for disbursement within one year after deactivation, the Player’s right to such money shall forfeit.
- A disbursement made due to the termination of the business relationship between the Player and S&T includes the prizes won and the payments credited to the account and not used by the Player for playing games. Credits based on credits shall not be disbursed.
- S&T shall be obliged to effect disbursement within one month after the termination of the business relationship with the Player. In case of any suspicion of misuse, S&T shall be entitled to withhold payment for a period of 180 days.
In case of any misuse, the Player shall be obliged to compensate S&T for the damage incurred due to such misuse and any expenses incurred by S&T for detecting the misuse. However, the minimum amount of damages to be paid for misuse shall in any case be EUR 1,000.00.
I. Data protection
- By confirming that he/she read and understood the General Terms and Conditions, the Player gives his/her express consent to the use and automatic processing of his/her data entered during registration with or use of funwin. In addition, the Player gives his/her express consent that S&T may keep and process his/her data after deletion of the gaming account for administrative purposes and/or for the purpose of the legal obligation to store such data. With respect to the Player’s personal data, S&T shall observe the applicable legal data protection regulations and provisions.
- S&T shall be entitled to forward the personal data provided by the Player to business partners involved in any manner in the realisation of funwin, its contents or add-ons.
- For the protection of its own computers and those of third parties, S&T shall be entitled to store and analyze connection data, in particular source and destination IP and any other log files. S&T shall be entitled to prepare non-personal statistics of use. Otherwise, data shall only be stored and analyzed to the extent necessary for the provision of the services.
- S&T shall take any measures technically feasible in order to protect the Players’ stored personal data. S&T shall not assume any liability for any misuse of such data by any third party. The Player or any third party shall not be entitled to assert any claims for damage due to or in connection with his/her data transmitted to the platform.
- The Player shall be entitled to inspect his/her personal data managed by S&T in accordance with the provisions of the Data Protection Act. In addition, the Player shall be entitled to alter or delete his/her personal data at any time. S&T undertakes to delete any data the deletion of which the Player requested and which are not necessary for the administration of funwin or for the completion of any proceedings before any court or other authority. Any deletion by the Player of his/her mandatory data required for the registration of the account automatically leads to a deletion of the related gaming account.
- S&T shall be obliged to disclose information to competent authorities investigating fraudulent conduct such as transactions and/or activities liable to prosecution. If S&T has the slightest suspicion that a transaction and/or activity might be a transaction or activity liable to prosecution, it shall disclose such information to the competent authorities such as the police or other enterprises specialized in investigations of fraudulent transactions and/or conduct. By confirming that he/she has read and understood the data protection regulations, the Player gives his/her consent to the verification by third party data bases of his/her data and other transaction information.
- The liability of S&T and/or its vicarious agents for any damage beyond the scope of the Product Liability Act shall be restricted to cases of intent or gross negligence. Any liability for slight negligence, force majeure, consequential damage and financial loss, lost profit, lost data, interest loss and for any damage resulting from third party claims against the Player shall be excluded.
- S&T shall not guarantee that funwin or the games offered thereon will function - in whole or in part - without interruption and free from errors, that they do not contain any programming errors and S&T shall not assume any liability for any damage resulting therefrom. In addition, S&T shall not assume any liability for any viruses or other harmful components in the platform and the servers connected therewith which could harm the Players’ computer hardware and/or software and any damage resulting therefrom.
- S&T shall not assume any liability for any entry, transmission or analysis errors and S&T shall not assume any liability for the content, completeness and correctness of transmitted or requested data. In particular, S&T reserves the right to (subsequently) correct obvious entry mistakes and mistakes of results analyses, statement of bets, prizes, odds, etc.
- S&T shall not assume any liability for any damage resulting from a misuse of the account by the Player or any third party.
- S&T shall not assume any liability for user contents or for the contents of advertising. However, S&T reserves the right to delete any contents violating these General Terms and Conditions or any legal provisions once it is informed of the existence of such contents and to pass on such information to the prosecuting authorities upon order by a court or any competent authority.
- In case of any violation of these General Terms and Conditions, the Player shall be obliged to indemnify and hold harmless S&T for any third party claims resulting therefrom and to compensate S&T for any costs incurred in connection therewith.
K. Other provisions
- The Player understands that some of the games offered contain a skills factor and a chance factor. Such chance factor consists of the generation of random numbers. The generation of random numbers is based on a random generator and is not manipulated by S&T in any manner.
- The Player ensures that all personal data he/she entered are always up to date. He/she will immediately inform funwin of any changes of these data by correcting them in “My account”. The latest data entered by the Player shall be deemed to be the valid data.
- The Player accepts that these General Terms and Conditions are subject to change at any time. The current version shall always be available on funwin at “General Terms and Conditions”. The Player shall be obliged to inform himself/herself of the currently valid General Terms and Conditions.
- Should any provisions of these General Terms and Conditions become ineffective, this shall not affect the effectiveness of the remaining provisions thereof.
L. Handling of complaints
S&T shall use its best efforts to always provide a high-quality service. In case of any complaints because of the service degree and/or service quality, the Player shall be entitled so send an e-mail to firstname.lastname@example.org.
M. Reservation of the right of modification
S&T shall inform the Player via e-mail of any changes it intends to effect to these General Terms and Conditions. If the Player fails to object in due form and time, the changed General Terms and Conditions shall become effective 2 weeks after receipt of the notification, as of the beginning of the next calendar week thereafter. The Player’s objection shall only be deemed effected in due form and time if made in writing and received by S&T within one week after receipt of the notification. In the e-mail, S&T will inform the Player of the option to object, of the required form and time and of the legal consequences of any objection not made in due form and time.
N. Choice of law
The existence, conclusion and termination of the entire legal relationship between S&T and the Player as well as any disputes arising therefrom shall exclusively be subject to Austrian law.
Version 2.0, as of 8 October 2010