Terms and Condition

1. GENERAL

1.1. Introduction

Pick Mister is sports media provider where can follow real-life sports players. through ElMister.com are other brands fully owned by Pick Mister Limited, a limited liability company incorporated in Malta and subject to Maltese law, registration number C 79840, having its registered address: 23, Office 2, Triq Giuseppe Calleja, Swatar, Msida MSD 2270, Malta

1.2.

Pick Mister Limited (“Operator”, “Company”, “We”, “Our”, “Us”) is incorporated in Malta.

1.3.

Pick Mister Limited is a company that is developing a cutting-edge sports media platform.

1.4.

These Terms and Conditions (“Terms and Conditions”) regulate the usage of the media provided on the website www.Elmister.com and www.Elmister.com, mobile and every other software belonging to or licensed to Pick Mister Limited hereafter (“Elmister.com”, “software” or “site(s)”) as may be specified from time to time, and the related enabling internet, URLs, mobile or other software by you (“you or the Player”).

1.5.

These Terms and Conditions establish the entire agreement between you and Elmister.com as the Company with respect to the software and, save in the case of fraud, surpass all prior or written contemporaneous and proposals, whether verbal, written or electronic between you and the Company with respect to the software.

1.6.

These Terms and Conditions constitute a binding agreement between you and Elmister.com, which comes into force as soon as you accept the conditions by seeing the Terms and Conditions agreement statement. By accepting you signify to the Company that you have read these Terms and Conditions and accept them. By using any of the Software belonging to or licensed to the Company you signify that you agree with these Terms and Conditions.

1.7.

You must read these Terms and Conditions carefully in their entirety. If you do not agree with any provision of these Terms and Conditions, you must not use or continue to use any of the software belonging to or licensed to the Company.

1.8.

Elmister.com reserve the right to modify and amend these Terms and Conditions at any time, the version of this agreement is 1.1, updated 25/03/2018, and will be valid until a new version is in place. Any changes will be notified to the players in advance, and players must re-confirm acceptance before the changes come into effect. Players will not be allowed to play unless they accept the new terms and conditions, but will be allowed to withdraw their deposits.

1.9.

It is your sole responsibility to review the Terms and Conditions. You can easily identify whether these Terms and Condition have changed by referring to the version number and the date of the current Terms and Condition stated above. You fully understand and agree to this Terms and Conditions herein and as may be amended by The Company from time to time.

1.10.

Rules and explanations in respect to the media provided in separate links on the sites, or explanations and conditions referring to the software stated therein are incorporated into these terms and conditions by reference.

1.11.

These Terms and Conditions may be published in a number of languages for information purposes and ease of access by players. It is only the English version that is the legal basis of the relationship between you and The sites and in case of any discrepancy between a non- English version and the English version of these Terms and Conditions, the English version shall prevail.

1.12.

Bold headings used in this Terms and conditions are used to guide the reader and are hence not in themselves used to regulate usage of the software.

2. YOUR USER ACCOUNT

2.1. User Registration

2.1.1.

In order for you to be able to place entries using any of the Software, you must first personally register with Elmister.com and open an account (“User Account”).

2.1.2.

You are allowed to have only one User Account. If you attempt to open more than one User Account, all accounts you try to open may be blocked or closed. If you notice that you have more than one User Account under different names, you must notify Elmister.com immediately.

2.1.3.

A request to open a User Account is made by personally filling out the registration form and submitting it to The sites through any of the sites. You must enter all mandatory information requested into your registration form, in particular, your identity, your contact details and address, including a valid e-mail address, your place of residence and relevant payment information. All information entered must be correct.

2.1.4.

The sites may request you provide the Company with additional information/documents to verify your identity, such as a copy of your passport. If you fail to provide the Company with requested documents, or if such information or documents you provide is/are found false or misleading, your User Account may be blocked or closed.

2.1.5.

It is your sole responsibility to ensure that the information you provide is true, complete and correct and keep the information up to date.

2.1.6.

As a part of the registration process you will have to choose your username and password for login into the sites. It is your sole and exclusive responsibility to ensure that your login details are kept securely. You must not disclose your login details to anyone. The sites ae not responsible for any abuse or misuse of your User Account by third parties due to your disclosure, whether intentional or accidental, whether active or passive, of your login details to any third party.

2.1.7.

The sites reserve the right to refuse to register an Account or to close your Account at the Company’s sole discretion. However, all money within your Account will be returned and all contractual obligations already made honoured.

2.1.8.

You are not allowed to transfer funds from your Account to other players or to receive money from other players into your Account, or to transfer, sell and/or acquire, user accounts.

2.1.9

A “Know your Client” Procedure will be done when depositing money with The sites

2.6. Closing of User Account

2.6.1.

If you wish to close your account, you may do so at any time by contacting customer support via e-mail: support@Elmister.com.

2.6.2.

The sites reserve the right to terminate your User Account and to refund to you the balance available to entries, subject to the deduction of relevant withdrawal charges, at the Company’s absolute discretion and without any obligation to state a reason or give prior notice.

3. YOUR OBLIGATIONS AS A USER

3.1. Declarations and Warranties

You hereby declare and warrant that:

3.1.1.

You are over 18 years of age or such higher minimum legal age of majority as stipulated in the laws of jurisdiction applicable to you and, under the laws applicable to you, you are allowed to participate in the Media offered on the site;

3.1.2.

It is entirely and solely your responsibility to enquire and ensure that you do not breach laws applicable to you by using in the Sites;

3.1.3.

You are not resident of Afghanistan, Algeria, Angola, Bahrain, Belgium, Cuba, Denmark, Eritrea, Ethiopia, France, Indonesia, Jordan, Iran, Iraq, Italy, Kuwait, Libya, Malaysia, Mauritania, Mauritius, Morocco, Norfolk Island, N. Korea, Oman, Pakistan, Qatar, Rwanda, Saudi Arabia, Sudan, Somalia, South Sudan, Syria, Tunisia UAE, Yemen, the United Kingdom, or the United States and its dependencies, military bases and territories including but not limited to Am. Samoa, Guam, Marshall Islands, N. Mariana Islands, Puerto Rico, and Virgin Islands;

3.1.4.

You are solely responsible for reporting and accounting for any taxes applicable to you under relevant laws for any winnings that you receive from The sites;

3.1.5.

You participate in the Sites for entertainment and/ or recreational purposes only and strictly in your own personal non-professional capacity;

3.1.6.

You participate in the Sites on your own behalf and not on behalf of any other person;

3.1.7.

All information that you provide to The sites during the term of validity of this agreement is true, complete, and correct, and that you shall immediately notify The company of any change of such information;

4. OBLIGATIONS AND RULES FOR USE OF CHAT

4.1.

As part of your use of the site, Elmister.com may provide you with a chat feature, which is moderated by us and subject to controls. We reserve the right to review the chat and to keep a record of all statements made on such facility. Your use of the chat facility should be for recreational and socializing purposes, and is subject to the following rules:

4.1.1.

You shall not make any statements that are sexually explicit or grossly offensive, including expressions of bigotry, racism, hatred or profanity;

4.1.2.

You shall not make statements that are abusive, defamatory or harassing or insulting to the operators of the site;

4.1.3.

You shall not make statements that advertise, promote or otherwise relate to any other online entities.

4.1.4.

You shall not make statements about Elmister.com, or any other internet site(s) connected to Elmister.com that are untrue and/or malicious and/or damaging to Elmister.com.

4.1.5.

You shall not collude through the chat rooms or separate chat. Any suspicious chats will be reported to the Authority.

4.2.

In the event of you breach any of the above provisions relating to the chat facility, the sites shall have the right to remove the chat room or immediately terminate your Users Account. Upon such termination The sites shall refund to you any funds which may be in your User Account over and above any amount which may be owing to us at such time (if any). Elmister.com shall report to the Authority any suspicious chats.

5. EXCEPTIONAL CIRCUMSTANCES

5.1.

The sites reserve the right to cancel, and/or declare an entry void partially or in full if the Company, at its own discretion, would deem it obvious that any of the following circumstances have occurred:

  • you, or people associated with you directly or indirectly influence the outcome of an event;
  • you and or people associated with you are directly or indirectly avoiding the rules of the Company;
  • the result of an event has been directly or indirectly affected by criminal activity;
  • entries have been placed that would not have been accepted otherwise, but that were accepted during periods when the Software(s) have been affected by technical problems; due to an error, such as a mistake, misprint, technical error, casino system malfunction, force majeure or otherwise, entries have been offered, placed and or accepted due to this error.

5.2.

Elmister.com is not liable for any damages or losses deemed or alleged to have arisen out of or in connection with any of the software or its content; including without limitation, loss or corruption of data, delays or interruptions in operation or transmission, communication or lines failure, any person’s misuse of the site or its content or any errors or omissions in content.

5.3.

Elmister.com is not liable for any server disruptions, downtime, lagging or any technical or political disturbance.

5.4.

The sites reserve the right to apply its right in order to terminate events/and or games at its sole discretion.

5.5.

Elmister.com does not accept any liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with the Site or its content, including and without limitation to:

  • Delays or interruptions in operation or transmission;
  • Loss or corruption of data;
  • Communication or lines failure;
  • Any site or content misuse;
  • Any errors or omissions in content including but not limited to published odds, pay tables or gaming software;

10. PRIVACY POLICY

10.1

You hereby acknowledge and accept that it is necessary for The sites to collect and otherwise use your personal data in order to allow you access and use of the site.

10.2

The sites hereby acknowledge that in collecting your personal details as stated in the previous provision, we are bound by the Data Protection Act, Chapter 440 of the Laws of Malta. The Company will protect your personal information and respect your privacy in accordance with best business practices and applicable laws. Furthermore, the sites have the obligation to forward information to the relevant Authorities.

10.3

The sites will only use your personal data to carry out operations relevant to your participation in the site. We may also inform you of changes, new services and promotions we think that you may find interesting. If you do not wish to receive direct marketing data you may opt out of such service by contacting our customer support or adjust your settings.

10.4.

In the case of supply of personal data to third parties, we will specify the names of the parties and what purpose such persons may use that data and customer will have a specific opt-in for transfer of data to third parties. Your personal data will not be disclosed to third parties, unless such disclosure is necessary for processing of your requests in relation to your participation or it is required by law.

10.5.

The sites’ employees and partners responsible for your service and assistance have access to your personal data for the purpose of performing their duties. You hereby consent to such disclosures. The sites are obliged to provide information to regulatory authorities upon request for such information from these authorities.

10.6.

You have the right to access personal data held by The sites about you. We will not destroy any personal data held unless required by law, or the information is no longer required to be kept for the purpose of the relationship.

10.7.

In order to provide you with an efficient service, The sites share your data with service providers who may be situated in various parts of the world, but only for the purposes specified.

10.8.

In the processing of your account and associated transactions, The sites may have recourse to credit rating agencies, fraud detection agencies or anti-money laundering agencies. You hereby consent to such disclosures.

10.9.

In order to make your visit to the site more user-friendly, to keep track of visits to the site and to improve the service, the sites collect a small piece of information sent from your browser, called a cookie. You can, if you wish, turn off the collection of cookies (please refer to your browser instructions as to how to do this). You must note, however, that turning off cookies may restrict your use of the sites.

10.10.

Notwithstanding the above, The sites may publish details about specific winnings of individual players on the sites and, from time to time on other websites. Such publications will include the username of the relevant player and the amount won, and you hereby agree and approve of such publications on the sites.

13. LIMITATION OF LIABILITY

13.1.

You enter the site at your own risk. The sites are provided without any warranty whatsoever, whether express or implied.

13.2.

Without prejudice to the generality of the preceding provision, Elmister.com, our directors, employees, partners, service providers:

  • Do not warrant that the software or the site is/are fit for their purpose;
  • Do not warrant that the software and site are free from errors;
  • Do not warrant that the sites will be accessible without interruptions;
  • Shall not be liable for any loss, costs, expenses or damages, whether direct, indirect, special, consequential, incidental or otherwise, arising in relation to your use of the software.

13.3.

You hereby agree to fully indemnify and hold harmless Elmister.com our directors, employees, partners, and service providers for any cost, expense, loss, damages, claims and liabilities howsoever caused that may arise in relation to your use of the software.

13.4.

To the extent permitted by law, our maximum liability arising out of or in connection with your use of the Software, regardless of the cause of actions (whether in contact, tort, breach of warranty or otherwise), will not exceed 100 €.

14. BREACHES, PENALTIES AND TERMINATION

14.1.

If you breach any provision of these Terms and Conditions or The sites have a reasonable ground to suspect that you have breached them, the Company reserves the right not to open, suspend or close your User Account, withhold any money in your User Account (deposits included) and apply such funds on account of any damages due by you in this respect.

14.2.

The sites reserve the right to freeze or terminate your User Account or cancel any entries at our absolute discretion in case the Company suspect that you are in breach of this agreement, have problems with creditors, are engaged in illegal or fraudulent activities when using any of the sites, using the rewards program or in other ways detrimental to our business.

14.3.

You acknowledge that the Company shall be the final decision-maker of whether you have violated the Company’s rules, terms or conditions in a manner that results in your suspension or permanent barring from participation in our site.

15. SEVERABILITY

15.1.

If any provision of these Terms and Conditions is held to be illegal or unenforceable, such provision shall be severed from these Terms and Conditions and all other provisions shall remain in force unaffected by such severance.

16. ASSIGNMENT

16.1.

The sites reserve the right to assign or otherwise lawfully transfer this Agreement. You shall not assign or otherwise transfer this Agreement.

17. APPLICABLE LAW AND JURISDICTION

17.1.

These Terms and Conditions are governed by the Laws of Malta and the parties submit to the jurisdiction of the Maltese courts.

18. BONUS POLICY

18.1 General conditions

  • Duplicate accounts are forbidden. Any accounts suspected of being connected in any way will have their bonuses and any winnings made from it removed immediately.
  • All of our offers are limited to one person per family, household, email address, telephone number, account number (e.g. linked to a credit card or debit card) and shared computer (e.g. in a public space or work place).
  • Bonus offers can only be claimed once.
  • Pick Mister reserves the right to cancel or modify these conditions at any time.
  • Before the Player is able to withdraw a bonus granted on Elmister.com entry conditions must be met. Unless otherwise stated in promotion specific Terms and Conditions following conditions are in place: