1. Company's statement to terms and conditions
This policy contains information explaining your rights to access and use the ESP Website www.esp.bet (the "Site").
It is your responsibility to ensure you agreed and accepted the Terms and Conditions of ESP Limited ("ESP") before you use the services or products of ESP.
This Agreement facilitates a legally binding agreement between you and ESP in connection with your use of the Site.
2. The Services
ESP allows members to participate in a variety of esports dedicated games such as fantasy leagues and betting. For the purposes of these Terms and Conditions any type of game play that that requires the member to pay to play will be called a 'bet'.
"Games" means the internet gaming system accessible and/or offered on the Site;
"Peer Betting" means Peer-to-Peer bets and all or any related services and online gaming activities accessible on and/or offered on the Site;
"Device(s)" means any application access devices, including but not limited to personal computers, laptops, mobile telephones, personal digital assistants, PDA telephones employed for the use of and access to the Site and participation in the Services;
"The information" means information provided on the Site including but not limited to results, statistics, sports data, odds and betting data;
"Software" means any computer program, data file or any other content that may be required to be installed on your Device in order to enable you to use, access and participate in the Services for the purpose of using, accessing and participating in the foregoing on the Site through your Device;
"The Services" means the Software and Games together;
"Skins" means any in-game virtual goods that a game developer may offer a user;
4. Amendments to these terms and conditions
ESP reserves the right to modify this Agreement or any part from time to time, due to changes with applicable laws and regulations, and regulations requirements. If any changes are made, a notice will be published to confirm the amendment. If any changes have been made and you continue your use of the Site after the affected date you will be deemed to have accepted those changes. If you do not accept the changes made in this document, you should terminate your account with ESP. ESP will also hold an up to date Terms and Conditions policy on the Site.
Any bets placed prior to the time of amendment and/or modification will be subject to the pre-existing Terms and Conditions. Any bets placed after the time of amendment and/or modification will be subject to the changed Terms and Conditions. If any modification is unacceptable to you, your only recourse is to terminate this Agreement.
5. Acceptance of the terms and conditions
Access to and use of the Site is provided by ESP on the following terms:
- By using the Site you agree to be bound by these terms, which shall take effect immediately on your first use of the Site. If you do not agree to be bound by all of the following terms then please do not access, use and/or contribute to the Site;
- ESP may change these terms from time to time and so you should check these terms regularly. Your continued use of the Site will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using the Site. If there is any conflict between these terms and specific local terms appearing elsewhere on the Site then the latter shall prevail;
- You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Site. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site.
6. Legality of the use of the betting platform and the services
To register as a member of ESP and access the services on the Site you must be at least 18 years of age or the legal age required for betting in the jurisdiction in which you reside, whichever is the highest.
When attempting to open an account or using the Site, it is the responsibility of the member to verify whether gambling is legal in that particular jurisdiction.
For various legal or commercial reasons, we do not permit accounts to be opened or used by customers resident in certain jurisdictions, including Afghanistan, Angola, Canada, Cayman, Curacao, The Dutch Caribbean Island, Egypt, Iran, Iraq, Israel, Libya, North Korea, Saudi Arabia, Somalia, South Sudan, Sudan, Syria, The Netherlands, UK, the United States of America (and its dependencies, military bases and territories including but not limited to American Samoa, Cyprus, Guam, Marshall Islands, Northern Mariana Islands, Puerto Rico, and Virgin Islands) and Holy See (Vatican City State), Yemen or other restricted jurisdictions ("Restricted Jurisdiction") as communicated by us from time to time.
By using the Website you confirm you are not a resident in a Restricted Jurisdiction. If you open or use the Website while residing in a Restricted Jurisdiction: your account may be closed by us immediately; any winnings and bonuses will be confiscated and remaining balance returned (subject to reasonable charges), and any returns, winnings or bonuses which you have gained or accrued will be forfeited by you and may be reclaimed by us; and you will return to us on demand any such funds which have been withdrawn.
ESP reserves the right to deny anyone access to the betting platform.
7. Account Registration
Your account must match your true and legal name and identity and the name on your account registration must match the name on the credit card(s) or other payment accounts used to deposit or receive monies in your account. We reserve the right to reject your registration without reference to you or without assigning any reason thereto and without liability to you. Where account registration details are found to be inaccurate, misleading or incomplete, ESP reserves the right to close the account, returning monies deposited to the same funding account but voiding any bets placed.
ESP may require proof of identity documents and possibly proof of address documents to be uploaded to verify your details.
8. Betting on the Site
To bet for cash on the Site, you will need to have funds available in your account.
Where applicable, you undertake that:
- All money that you deposit in your account is untainted with any illegality and, in particular, does not originate from any illegal activity or source.
- All payments made into your account are authorised and you will not attempt to reverse a payment made into your account to take any action which will cause such a payment to be reversed by a third party, in order to avoid any legitimate liability.
- You accept that your transactions are checked to prevent money laundering by ESP or an authorised third party, and that any transactions made by you that ESP deems suspicious, may be reported to the appropriate authorities.
- In some cases, requests for deposits may be held for review by ESP or an authorised third party to insure against fraud. In the event that no evidence of fraud is discovered, member accounts will be credited after a manual review has taken place.
9. Terms under which bets are accepted
- All bets made on the Site are subject to the relevant Games rules applicable to each event or game, and to this Agreement.
- ESP cannot be held responsible for any typing or human error in posting odds other than those intended. In the event that this occurs, ESP reserves the right to void any affected bets.
- Notwithstanding any other provision in this Agreement, ESP reserves the right to refuse any bet without explanation.
- Only bets made through the Internet and/or Device(s) in compliance with these Terms and Conditions shall be accepted. Any other form of bets (whether by post, email, fax or otherwise) shall not be accepted and where received will be void regardless of the outcome. Bets are only valid if the username and password has been correctly entered with sufficient available funds in your account and you have received confirmation that the bet has been received. The bet will be deemed to be validated when a confirmation message appears on the screen.
- All bets will be considered validly placed if your username and password have been entered correctly, subject to availability of funds in your account.
- You are responsible and liable for all activities and transactions that take place through the use of your name, account number, username, password (or any combination thereof) regardless of whether such transactions were authorised by you.
- You are solely responsible for ensuring that the details of your bets are correct. Once your bets have been placed and their acceptance confirmed by the Site or the opponent they may not be cancelled, revoked or changed and shall be deemed to be conclusive evidence of the bets that you have placed.
- All bets are logged and recorded in ESP transaction log database and are conclusive evidence of all transactions and times at which the transactions are placed.
- All bets will be deemed valid and accepted by the Site when confirmation is displayed in your transaction history statement.
- All bets will be deemed invalid where the outcome of an event is known at the time of placement of your bet. ESP reserves the right to void such bets placed.
- Advertised start times, scores and or any information displayed on the Site are for information purposes only.
- The result of a match or event will be determined on the day of its conclusion for betting purposes unless otherwise stated within the rules for each sport or event. ESP will not recognize any subsequent enquiry that may result in an overturned decision after 72 hours from the processing of results. Within 72 hours after results are processed, ESP will only reset / correct the results due to human error or mistakes on the referring website.
- The winner of an event or game will be determined on the date of the event's conclusion according to the Games rules.
- ESP does not recognise suspended games, protests or overturned decisions for betting purposes.
- Where a manifest error, mistake or system failure results in an incorrect odd, line or handicap taken in a bet, the bet, or that part of the bet if it is a multiple bet/parlay will be null and void.
- The decision of ESP is final in respect of any bet and the associated transactions therewith.
- A bet will be deemed void if it is not transmitted in full, including but not limited to instances where the bet transmission has been disrupted or interrupted due to technical problems or problems with the member's connection.
- The company is not responsible for any misplaced bets. All bets placed will be based on the bet records in our system. If you are unsure about any of the bets you have placed, please contact our customer service team or check your bet record in your account statement.
10. Virtual goods (skin betting)
By using the Site, you agree and acknowledge that you have read the terms of service governing the Valve Corporation's Steam gaming platform ("Steam Terms") and that with respect to the use of skins and other in-game cosmetic items and virtual goods ("Skins") you agree to those terms. You further agree and acknowledge that ESP's terms of service with respect to Skins shall be subject to the Steam Terms in the event of a conflict between ESP terms of service and Steam Terms.
Members also agree that deposit and withdrawals of Skins are done at the exclusive risk of the member. ESP is in not affiliated with Valve Corporation or the Steam gaming platform.
Bonuses may only be used in the Games as may be specified when the Bonus is offered to you. Acceptance of any Bonus shall be in accordance this Agreement.
All bonuses are limited to one per person, per household, per computer or per IP unless otherwise specified.
For any bet placed, bets are deducted from the member's cash balance. If no cash balance is available then the bet placed is deducted from the member's bonus balance.
Members can request a withdrawal of their deposited amount prior to meeting the betting conditions. However, the bonus amount and associated winnings will be forfeited.
You are not entitled to withdraw any Bonus amounts and you may not take cash to fund your account without first complying with the applicable terms including, without limitation, in respect of any qualifiers or restrictions.
ESP reserves the right, without any liability to you or any other party, to withdraw or modify such bonuses or promotions and/or the specific terms and conditions governing the same at any time.
ESP reserves the right to publish and promote usernames, avatars, profile images, locations and winning percentages of the members both within the Site and outside for marketing purposes.
13. Settlement of transactions
To use a credit or debit card, the cardholder's name must be the same as the name given in the registration process. ESP reserves the right to withhold settlement of any transaction should there be discrepancies between the cardholder's name and the name given in the registration process.
You are responsible for paying all monies owed to ESP and/or other members. In respect of any payment made by you, if we suspect that you have engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity whilst using the Site, including without limitation, engaging in game manipulation using stolen credit cards, or any other fraudulent activity (including any chargeback, other reversal of a payment, or money laundering) ESP shall be entitled to take such action as it sees fit, including immediately blocking access to the Site, suspending and/or closing your account, seizing all monies held in your ESP account and sharing this information (together with your identity) with other online gaming sites, financial institutions, relevant authorities and/or any person or entity that has the legal right to such information. ESP may also take legal action against you. Any expenses incurred by ESP shall be claimed from you.
In accordance with the laws of the Curacao all online gambling debts are enforceable by law.
The maximum amount that can be won by one customer in any one day of betting, regardless of the stake, is 25,000 EUR or its equivalent in an accepted currency. Charges may be applied to withdrawals.
Should funds be credited to your account in error, it is your responsibility to notify ESP of the error without delay. Any winnings subsequent to the error and prior to the notification of ESP, whether linked to the error or not, shall be deemed invalid and must be returned to ESP.
14. Withdrawal of money from your account
Your winnings will be credited to your account and may only be withdrawn in accordance with our Terms and Conditions and may require proof of identity and/or credit/debit card to our satisfaction.
Withdrawals of money from your account may only be made in the same currency in which deposits were made.
You shall reimburse all bank charges that ESP incurs arising in connection with any of your betting transactions. ESP is entitled to deduct and offset the foregoing from the winnings payable to you or from your account as the case may be.
15. Settlement of Disputes with Bets
Any disputes in relation to bets should be referred to our customer support team to www.esp.bet/contact-us when logged in. Our team will investigate the dispute and you will be kept up to date on our findings.
All disputes should be referred to the customer support team as soon as possible. This will ensure the customer support team can deal with the dispute an efficient and effective manner.
16. Self-exclusion procedure
If you need to take a break from gambling you may do so by logging into the Site, clicking on "settings" and then clicking on "self exclusion". You may set a time period of 48 hours, 1 week, 1 month, 3 months or 6 months.
Self-exclusion from the Site means that your account will remain closed for a minimum of the requested time, you will not be allowed to place any bets on the Site. However you may still be able to access you your past transactional records on your statement.
Your account will not be reactivated under any circumstances during the exclusion period. A written request (after the time period has elapsed) is required before account reopening can be considered.
More information regarding self-exclusion and responsible gaming can be obtained from our responsible gaming policy that we suggest you read before taking part in any form of gambling.
17. Dormant Accounts
A dormant account is defined as an account that has no transaction performed for a continuous period of 150 days since your last account login date. Prior in the account being confirmed by ESP as dormant, ESP will use all reasonable measures to contact you with regards to your account in an attempt to ensure the balance is returned to the correct account holder promptly.
ESP reserves the right to charge a dormant account a monthly accounts fee of 10 EUR.
If your ESP account remains dormant after six (6) months from the date it was categorised as dormant, ESP reserves the right to transfer the remaining funds in your account as a donation to nominated charity or charities and good causes, and to close your account.
18. Termination, Account Closure or Forfeiture
ESP reserves the right, in its sole discretion, to void any winnings and forfeit any balance in your betting account, to terminate the Agreement and/or to suspend the provision of the Services/deactivate your account if:
- We identify that you have more than one account with us;
- You are in breach of herein, the provision of the Services any term of this Agreement;
- We are aware that you have played at any online gaming site or services and are suspected of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity;
- Your registration information is incorrect or misleading;
- You failed to provide the identification information requested;
- You are not of legal age;
- You have "charged back" or caused a "chargeback" against us or denied any of the purchases or deposits that you made to your account;
- You have allowed (intentionally or unintentionally) someone else to use your account;
- You are depositing money originating from criminal or other illegal or unauthorised activities;
- You fail to disclose that you are located in Restricted Jurisdictions, as referenced in Section 6.
If the provision of the Services is suspended and/or your account is deactivated in accordance to the terms herein, the provision of the Services will only be reinstated and/or your account reactivated after the necessary rectification (if capable of being rectified) action has been taken by you and such rectification has been verified to our full satisfaction.
ESP retains authority over the issuing, maintenance and closing of member's accounts. The decision of ESP's management as regards to any aspect of your account, use of the Services or the Site, is final and shall not be open to review or appeal. We therefore reserve the right to close your account at any time for any reason. We will give you reasonable notice before doing so, unless circumstances dictate that we legally or practically cannot do so.
19. Third Party Providers
Where the Site contains links to third-party websites and resources, these links are provided for your information only. ESP has no control over the content of these sites or resources and accepts no liability for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third-party website does not constitute an endorsement of that third-party website, product or services (if applicable).
20. Third Party Obligations
You confirm and acknowledge that your use of the Site and the Services provided by ESP is for online betting purposes only. You understand and confirm that ESP is not responsible for any third-party provider and any agreement between you and a third-party provider does not form part of these Terms and Conditions as between you and ESP. You agree and confirm that in no circumstances will ESP be responsible for the conduct of or provision of services by a third-party provider.
You confirm and acknowledge that any agreement between you and the third-party provider is not a contract to which ESP is a party and therefore ESP is not liable for any element of the relationship between you and the third party provider.
21. Grant of license/intellectual property
ESP is licensed and therefore regulated to operate online fantasy, betting and casino style games via electronic media on a global basis under the permit from Curacao. Whilst it is intended that the online peer betting will operate under (ESP licences), ESP reserves the right to switch any of the operations of the business to another jurisdiction at any time.
Subject to the terms & conditions contained herein ESP grants you a personal, non-transferable and non-exclusive right to use the ESP Software, to access information on the Site through the Device(s) and to play the Games available.
Please note that the Site is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction, (iii) individuals connecting to the Site from jurisdictions from which it is illegal to do so, (iv) employees and relatives of employees of ESP and any entities affiliated or related to ESP ("relative" shall mean spouse, partner, parent, child or sibling.) without written consent from the ESP Board of Directors, and (v) former employees and relatives of former employees of ESP and any entities affiliated or related to ESP, within a period of six (6) months from the last day of such employment with ESP (including any entities affiliated or related to ESP). ESP is not able to verify the legality of the Service in each jurisdiction and it is your responsibility to verify such matters.
ESP assumes no liability for correctness, completeness or up-to-dateness of the Services provided, for example results and or schedules made available on the Site. ESP also assumes no liability for the accuracy of live scores, statistics and intermediate results in in-running betting.
The Software code, structure and organisation are protected by copyright, trade secrets, intellectual property and other rights. You may not:
- Copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivative works of the source code of the Software, or otherwise;
- Sell, assign, sublicense, transfer, distribute or lease the Software;
- Make the Software available to any third party through a computer network or otherwise;
- Export the Software to any country (whether by physical or electronic means) without the prior written consent of; or
- Use the Software in a manner prohibited by applicable laws or regulations, (each of the above is an "Unauthorised Use").
You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorised Use. You shall notify ESP immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide ESP with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.
The terms "ESP", and any other trademarks, service marks and/or trade names used by ESP on the Site from time to time (the "Trademarks"), are the trademarks, service marks and/or trade names of ESP or one of its group companies and/or its licensors, and these entities reserve all rights to such Trademarks. In addition, other content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to ESP or one of its group companies and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content, or any part thereof. Under no circumstances may you use the Site Content without the prior written consent of ESP or in accordance with any legislation applicable from time to time for the protections of the Intellectual Property of ESP.
22. General Conditions of Use – Your representation and warranties
As a condition of use of the Services, you warrant and undertake that you shall not use or access the Site, Services, Software and the Information for any unlawful purpose under any law that is applicable to you or that is prohibited by or in breach of the Agreement. In particular (and in addition to all other representations and warranties set out in the Agreement) you warrant and undertake as a condition of use of the Services that:
- You are not restricted by limited legal capacity;
- You are acting in your own legal capacity and not on behalf of another person or company;
- You agree that your use of the Service is at your sole discretion and risk;
- You are not diagnosed or classified as a compulsive gambler;
- You are over 18 years of age or over the age of majority in your jurisdiction, whichever is the greater;
- You are solely responsible for any applicable taxes which may be payable on winnings paid to you;
- You are using the Site solely for your own personal use. You are only allowed to bet for your personal entertainment;
- You are not a resident of Restricted Jurisdictions, as referenced in Section 6;
- You acknowledge the possible risk of losing money arising from the use of the Services and the Site and that ESP has no responsibility to you for any such loss;
- Your deposits do not originate from illegal or criminal activities;
- You will not conduct criminal or other unlawful activities through any account opened with us and you shall not allow other persons to use your betting account and the Services for any unlawful activities under any law applicable to you or us;
- You agree to keep your password secret and confidential and not to allow anyone else to use it. If you misplace, forget, or lose your password, you can reset your password;
- You will ensure the secrecy of your account and login details. Any betting made on ESP where the username and password have been used will be regarded as valid;
- You will not use the Services, the Site, the Software or the Information in any way that may interfere with their availability to other users;
- You will not solicit or in any way seek to obtain any information relating to other users;
- You will not upload or distribute any program, file or data that contain viruses, are corrupted or may affect the operational performance of the Device(s), Software, Services and/or Site;
- You will not post or transmit to the Site and/or to the Device(s) or to any other users, any unlawful, harassing, abusive, threatening, libellous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;
- You will not initiate and/or engage in surveys, contests, chain letters or post/transmit "junk mail", "spam" or any unsolicited mass dissemination of email against ESP;
- You will not hold more than one account. Should more than one account be identified as belonging or relating to you, ESP reserves the right to treat any such accounts as a single joint account or to close such accounts and terminate this Agreement.
By agreeing to the above General Conditions of Use, should your activities pertain to criminal or suspicious conduct, ESP reserves the right to report you to the federal or local authorities without prior notice or explanation.
23. Breach of agreement and indemnity
Without prejudice to any other rights, if you breach in whole or in part any provision contained herein, ESP reserves the right to take such action as it sees fit, including terminating this Agreement, immediately blocking your access to the Services and the Site, terminating your account with ESP, seizing all monies held in the relevant ESP account and/or taking legal action against you.
You agree to fully indemnify, defend and hold harmless ESP and its shareholders directors, employees, officers, licensees, licensors, affiliates and subsidiaries from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, however caused, that may arise as a result of:
- Your breach of the Agreement, in whole or in part;
- Violation by you of any law or any third party rights; and
- Use by you of the Services and/or the Site or use by any other person accessing the Services and/or the Site using your login details, whether or not with your authorisation.
The Game rules and any other terms and conditions governing the use of and access to the Services and the Site shall form an integral part of the Agreement.
In the event that there is any conflict between the provisions of the Games rules, any other terms and conditions governing the use of and access to the Services and the Site and the Agreement, unless expressly provided otherwise, the Games rules shall prevail.
25. Governing Law
The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of Curacao. Each party irrevocably agrees that the relevant courts of Curacao shall have the exclusive jurisdiction in relation to any claim, dispute, or difference concerning the Agreement and any matter arising therefrom and irrevocably waives any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction.
The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
The headings in this Agreement are for convenience of reference only and do not affect the construction or interpretation of any provision.
If ESP fails or delays the performance of any obligation under the Agreement due to the reasons of the occurrence of events which are beyond ESP control, including, but not limited to Acts of God, Government restrictions, wars, insurrections, transmission or system failures, failure or interruption in the provision of telecommunications or broadband services and failure or shortage of power supplies or equipment, such failure or delay does not constitute a breach of the Agreement.
Neither failure nor delay on the part of ESP to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege.
ESP reserves the right to assign this agreement, in whole or in part, at any time without notice. You may not assign any of your rights or obligations under this Agreement.
Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement.
Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between ESP and you.
This Agreement constitutes the entire understanding and agreement between ESP and you regarding the Services and the Site and supersedes any prior agreement, understanding or arrangement between ESP and you.