These terms and conditions of use (the “Terms”) are applicable to the PokerHigh (website and applications) (together, the “Company”) managed by Quadrific Media Pvt Ltd (“Network Provider”). The Network through the Company provides users with free to play poker games (“Play Money Games”) and pay to play, Real Money (as defined below) poker games (“Real Money Games” and together with the Play Money Games, the “Games” ) and other related services in relation thereto (together with the Games, hereinafter referred to as the “Services”).
The terms ‘Company’ or ‘us’ or ‘we’ or ‘our’ refer to the operators of the Platform. The terms ‘User’, ‘you’ or ‘your’, refers to the end user or viewer of our Platform.
These Terms constitute a legally binding agreement between you and the Company along with each of its officers, directors, agents, employees, consultants, suppliers, vendors and affiliates and govern the Company’s relationship with you in relation to the Platform.
Any failure to abide by these Terms, may result in disqualification, account closure, forfeiture of winnings, or suspension of balance amounts in the User Account and/or legal action against you. If you have any questions as to these Terms, we encourage you to seek independent counsel prior to accessing or availing the Platform or the Services. If you disagree with any part of these Terms, please discontinue using our services Platform immediately. The Company reserves the right to change or modify the Platform, the contents thereof and these Terms at any time without any prior intimation to you.
All modifications will be posted on the Platform and will become effective immediately upon such posting to the Platform. The Company shall, by notification (to the then current contact information provided by you on the website), notify you of the modifications made either through email or SMS.
We may also post supplementary conditions for any Services that may be offered. In such an event, your use of those Services will be governed by the Terms as well as any such supplementary terms that those Services may be subject to.
1. ELIGIBILITY AND LEGALITY
1.1. You may use the Services only if you reside in India and are (i) 18 years of age; or (ii) above the age of majority in the applicable jurisdiction; or (iii) accessing the Services from jurisdictions, where it is legal to connect to or access the Services.
1.2. Prior to participating in or availing of the Services, you shall be solely responsible to satisfy yourself about the eligibility of age and legality of playing the Games in the jurisdiction from where you are accessing the Services. With respect to the Real Money Games, if you are not eligible by age and/or not legally competent to individually enter into Indian Rupee transactions through banking channels in India and/or are not accessing the Platform from a permitted jurisdiction, you are prohibited from participating in Real Money Games on the Platform.
1.3. In particular, you may participate in the Services only if you are not a resident of any state in India in which conducting, or operation of the paid Services is prohibited, which states include, but not be limited to Telangana, Sikkim, Andhra Pradesh, Assam, Gujarat and Odisha (“Excluded States”). You hereby confirm that you are not a resident of the Excluded States and that you will not now and in the future, access the Services to play the Real Money Games/Play Money Games from outside India or from within the Excluded States. In the event of such violation, your participation in Real Money Games will be deemed to be in breach of the Terms and you will not be entitled to receive any prizes or payouts that you may earn in such Real Money Games.
1.4. Access to our Services or any part thereof for users from a particular state or location may be restricted by us from time to time at our sole discretion.
1.5. We make no representation or warranty with respect to the legality or otherwise of the accessing and use of the Services in your location of residence and it is solely your responsibility to determine whether such accessing and use of the Services by you is legal. We further warrant in that respect that the access to the Platform is not intended to enable you to contravene any applicable law.
1.6. You hereby agree that the Games are for entertainment only, and your participation in the Games is solely for your own personal enjoyment and non-professional use.
1.7. You agree to keep your User Account information secret and confidential and to not allow anyone else to use it. No purchase is necessary or required to play the Play Money Games and you may participate in the Play Money Games without crediting any Real Money funds or utilizing any portion of the User Account Balance. Any participation in the Games is at your sole option, discretion and risk. By playing the Games, you acknowledge and agree that you do not find the Games or the Platform, objectionable, unfair, or indecent.
2. USER ACCOUNTS
2.1. To use our Services and participate in the Games, you will need to register with us and create an account on the Platform (“User Account”).
2.3. During the registration process, you will be required to choose a username and a password in addition to providing some other information, which may or may not be mandatory. Additionally, you may be required to give further personal information for your User Account verification and/or for crediting money to your User Account. You must provide accurate, updated details in all fields requiring your personal information, including, without limitation, your name, postal address, email address, telephone number(s) etc. You undertake that you will update this information and keep it current. You acknowledge that we may, at any time, require you to verify the correctness of this information and in order to do so may require additional documentary proof from you, failing which we reserve the right to suspend or terminate your User Account.
2.4. Any information provided by you to us should be complete and truthful to the best of your knowledge. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us.
2.5. You understand that it is your responsibility to protect the information you provide on the Platform including but not limited to your username, password, email address, contact details and mobile number. We will not ask for your User Account information which is only to be entered at the time of login. At no other time should you provide your User Account information to any user logged in on the Platform or elsewhere.
2.6. You agree to use your User Account solely for the purpose of playing on the Platform and for transactions which you may have to carry out in connection with availing the Services on the Platform. Use or attempted use of your User Account for any reason other than what is stated in the Terms may result in immediate termination of your User Account and forfeiture of any prize or bonus or suspension of balance amount in the User Account.
2.7. You undertake that you will not permit or allow any other person to access the Services or play the Games from your User Account using your username. You specifically understand and agree that we will not incur any liability for information provided by you to anyone which may result in your User Account on the Platform being exposed or misused by any other person.
2.8. You agree to provide us with all information requested by us and necessary for the operation of the User Account or withdrawal of balance in the User Account, including, but not limited to, proof of identity, notarized documentation, proof of address, utility bills, bank details, bank statements and bank references. You shall provide us with any such requested documents immediately upon request and not later than two (2) business days for the response.
2.9. The Company may from time to time attempt to further verify and validate User Accounts. These attempts may be made via email through the address provided by you at the time of registration. In the event that we are unable to contact you at the first attempt, we may choose to make additional attempts to establish contact with you. If the email provided by you at the time of registration is not correct, we bear no responsibility for any consequences that may follow due to us being unable to contact you on such address.
2.10. If we are unable to reach you or if the validation is unsuccessful, we reserve the right to disallow/ suspend you from logging into the Platform or reduce your play limits and/or credit limits until we are able to satisfactorily validate your User Account. We will in such event, email you to notify you of the next steps regarding User Account validation. We may also ask you for proof of identification and proof of address from time to time. Upon receipt of suitable documents, we will try our best to activate / enable your User Account at the earliest. However, it may take a few business days to reinstate your User Account.
2.11. In the event that we have made several attempts to reach out to you but have been unable to do so, we also reserve the right to block your User Account until such time we satisfactorily verify your User Account.
3.1. Once you register on the Platform, we maintain a User Account for you to keep a record of all your transactions with us. Payments connected with participation in Real Money Games have to be made through your User Account. All winnings/payouts/prizes earned by you while playing the Games shall be credited into this User Account.
3.2. All transactions on the Platform shall be in Indian Rupees. All amounts in your User Account (“User Account Balance”) will be designated in “CHP”. It is clarified that for the purposes of these Terms and the Platform, 1 CHP shall be convertible into Indian Rupees as per the conversion ratio: 1 CHP = 1 Indian Rupee.
3.3. You agree that we or a payment processing service provider engaged by us will handle all financial account transactions ("Payment Processor"). You hereby agree that we or the Payment Processor reserve the right to withhold any payments/withdrawals relating to your User Account should we or the Payment Processor have reason to believe or any suspicion that you may be engaging in or have engaged in fraudulent, collusion, unlawful, or improper activity.
3.4. You understand and agree that any amounts credited into in your User Account maintained with us are purely for the purpose of participation in Real Money Games made available on the Platform.
3.5. You further understand and agree that the Company is not in the business of soliciting deposits and any funds actually present and/or credited in your User Account shall not constitute “deposits” as defined under the Companies Act, 2013 and the applicable rules thereunder.
3.6. You understand and agree that you cannot transfer any of your User Account Balance to the account of another registered user on the Platform except as may be permitted by the Company and subject to restrictions and conditions as may be prescribed.
3.7. When making a credit into your User Account, please ensure that the instrument used to make the payment is your own and is used to credit Real Money into your User Account only. Once a payment/transaction is authorized, the funds shall be credited to your User Account and will be available for you to play Real Money Games.
3.8. Credit card, debit card, prepaid cards and internet banking payments are processed through third party payment gateways. Similarly, other paymentt modes also require an authorization by the intermediary which processes payments. We are not responsible for delays or denials at their end and processing of payments will be solely in terms of their policies and procedures without any responsibility or risk at our end. You agree that in such an event of the confirmation of your credit being delayed or eventually declined for reasons beyond our control, we will not be held liable in any manner whatsoever
3.9. You are free to credit as much money as you want in your User Account for the purpose of participating in Real Money Games on the Platform. However, we want you to play responsibly on the Platform. Therefore, upon written request from you, we may, at our discretion, place fund limits within two (2) business days, on your User Account from time to time.
3.10. We have the right to cancel a transaction at any point of time at our sole discretion in which case if the payment is successful, then the transaction will be reversed, and the money credited back to your payment instrument.
3.11. User funds are held in a separate bank account. We keep all Users’ funds unencumbered and these funds which will be remitted to you in due course subject to the terms and conditions applicable to withdrawal of funds. Funds held in your User Account are held separately from our corporate funds.
3.12. You understand and acknowledge that the funds in your User Account with the Platform do not carry any interest or return.
4.1. You can choose to withdraw money from your User Account at any time, subject to any withdrawal restrictions, by notifying us of your withdrawal request. You agree that all withdrawals you make are governed by the following conditions:
4.1.1. Withdrawals may attract processing charges in accordance with the Platform’s Withdrawal Policy as may be applicable from time to time and will be notified to you at the time of placing a withdrawal request.
4.1.2. All withdrawal requests shall require a completed User Account profile and a scan copy of the User's Permanent Account Number (PAN) card, which is required at the time of cash-out, must be submitted in order to process any withdrawals. Other identification proof such as address proof may also be submitted as per the requirement of the accounts/support team of the Platform.
4.1.3. Post verification of a received withdrawal request, we may disburse the amount requested to be withdrawn through electronic transfer. We also reserve the right to disburse the amount on the financial instrument used to credit funds to your User Account.
4.1.4. We will attempt our best to process your withdrawals in a timely manner, but there could be delays due to the time required for verification and completing the withdrawal transaction. We shall not be liable to pay you any form of compensation for the reason of delays in remitting payments to you from your User Account.
4.1.5. Bank Account Proof can be uploaded by the Player from the “ My profile page “ alternatively can be sent to support from registered email address only for upload of the same from our end.
4.2. If you are a prize winner residing in India while accessing the Services of the Platform but not an Indian citizen, we will remit your winnings in Indian Rupees to the address provided by you for playing Real Money Games, provided that you remain in compliance with the Terms and the relevant provisions of the RBI and FEMA and in particular that the address is not within the Excluded State.
4.3. In case you are making a withdrawal without playing an adequate number of hands on Paid Table and fail to accumulate comp points equivalent to 7% in rake of the requested withdrawal amount, then a transaction fee of 4% of the credits made or requested withdrawal amount (whichever is lower) will be levied for the first such instance. 10% transaction fees will be levied on subsequent instances. The above mentioned 7% in rake will have to be earned by the User between the time of last credit or last withdrawal (whichever is later) and the time of current withdrawal request. The Company also reserves the right to waive off this transaction fees on specific request from the user on a case to case basis.
4.4. Tax Deducted Source (TDS) shall be deducted on all withdrawals as per our Government Tax Policy as available at: PokerHigh. We are legally obliged to deduct TDS on winnings of more than Rs. 10,000/- in a Game, as the case may be. In these cases, you will be required to furnish your PAN duly issued to you by the income tax authorities if you have not already done so. We neither advise you nor shall in any manner be responsible for your individual tax matters.
4.5. All real money amounts credited into your User Account must be utilised within 365 days of credit. In case you have any unutilised funds after the completion of 365 days from the date of credit of such amount, the Company reserves the right to refund such amounts (less any charges incurred by the Company to process such refund) to you by Cheque or through the source payment instrument through which such real money amounts were credited into your User Account.
4.6. We reserve the right to verify your PAN from time to time and to forfeit any winnings or bonuses and/or block any balance funds in your User Account in the event your PAN details are found to be inaccurate or inconsistent in our verification process.
4.7. We will make reasonable efforts from time to time contact you via email or SMS or WhatsApp or calls based on contact details provided by you, in order to communicate and notify you about any unutilised amounts.
4.8. You are fully responsible for all taxes, fees and other costs incidental to and arising from the winnings resulting from use of the Services.
5. PROMOTIONS AND BONUSES
5.1. The details of various promotions organized on the Platform can be found in the ‘Promotions’ section on the Platform. Eligibility and applicable conditions for the ongoing promotional programs are provided in the ‘Promotions’ section, which form a part of these Terms. The Company may from time to time contact you via email or SMS or WhatsApp or calls in order to communicate information about ongoing/future promotions and/or any other pertinent information.
5.2. Services offered under the ‘Promotions’ section may be cancelled or discontinued by the Company at any time without notice without any liability on the Company whatsoever.
5.3. Complimentary or bonus amounts credited by the Company, if any, into your User Account for promotional purposes may only be used to play in the Games. You are not entitled to and agree not to, withdraw such amounts without first complying with the additional terms and conditions set forth in each bonus offering, and if none, then the terms and conditions set forth under the “Promotions” are by way of reference specifically incorporated herein.
5.4. The Company reserves the right to reclaim any bonus amounts (bonus money and/or locked bonus) if you do not use them within the period of time specified i.e. sixty (60) days from last date of activity. The Company reserves the right to deny a bonus, or a series of bonuses, or a bonus program, to any User or any group of Users, at any time, without providing notice, reason or justification.
5.5. A User can withdraw only what he/she has won in addition to his/her bonus. The bonus must generate required revenue before it can be withdrawn from the User’s User Account. Bonus amounts are subject to certain restrictions and will not be immediately available for withdrawal until the terms and conditions of the promotional money are fully met.
5.6. Bonuses are set to one per: person, family, household, geographic address, mailing address, email address, credit card number and shared computer environment (unless otherwise decided by the Company). This limitation applies across all affiliations, subsidiaries and partnerships of the Company.
5.7. If an affiliated gaming platform is running the same promotion as the Company, an individual person cannot receive the same promotion from both platforms (i.e. the Company’s Platform and the affiliated gaming platform).
5.8. In real money bonus promotions, the amount paid, as well as the subsequently credited bonus, is to be used in the Games within sixty (60) days at least once or several times, before a payout can be transacted. The promotion may require a User Account holder to play with his/her bonus money for a certain number of times before such User Account holder becomes eligible to withdraw any winnings that are won as a result of using the bonus.
5.9. The Company reserves the right to selectively offer promotions, bonuses and special invitations to a subset of Users. The Company is not obligated to disclose the criteria by which Users are selected for such offers, nor extend the offer to any User outside the chosen subset.
5.10. Additional terms and conditions may exist for specific bonuses. These will be displayed on the Platform. It is the User's responsibility to familiarize themselves with any additional terms and conditions for individual promotions.
5.11. You acknowledge and agree that any bonus credits issued to you or other users are intended for use in the Real Money Games only in accordance with the bonus terms, as may be specified on the Platform or as and when such bonus amounts are issued.
5.12. Winnings, bonuses and prizes are unique to the User and are non-transferable. In the event you attempt to transfer any winnings, bonuses or prizes, these will be forfeited.
6. ADMINISTRATIVE/SERVICE FEE
6.1. The Company may charge an administrative/service fee in respect of any of the Real Money Games. For certain Games, such as tournaments and ‘sit-n-gos’, the administrative/service fee shall be specified in advance prior to the commencement of such Game and will be charged from your User Account at the time you pay the requisite entry fee for participating in such Game.
6.2. For Real Money Games such as ‘ring games’, where there is no pre-determined entry fees in order to participate in such Games, the Company shall charge an administrative/service fee in the form of a rake, based on the rake structure applicable to such Game, as available in the ‘Rake Structure’ section on the Platform. It is clarified that the rake to be retained by the Company in relation a Game shall be collected from each individual pot in such Game and not directly from the User Accounts of the Users participating in such Games where a rake is applicable.
7. LOYALTY AND REWARDS PROGRAM
7.1. Details with respect to the loyalty and rewards program of the Games and the Platform (“Loyalty Program”) are provided in the ‘Loyalty and Rewards Program’ section on the Platform. The Loyalty Program shall be subject to such terms and conditions as may be specified in the ‘Loyalty and Rewards Program’ section on the Platform and may be altered or discontinued by the Company at any time without notice and without any liability on the Company whatsoever. The Loyalty Program does not carry any monetary or physical value and do not entitle you to any privileges other than those stated in the ‘Loyalty and Rewards Program’ section on the Platform.
8. GENERAL USER REPRESENTATIONS AND RESPONSIBILITIES
8.1. Any information provided by you to us, whether at the stage of registration or anytime subsequently, should be complete and truthful. It is your responsibility to inform us of any changes to any of your information.
8.2. You represent that you are 18 years of age or older to participate in the Games and are also otherwise competent to enter into transactions with other users and the Platform. You agree that you are aware that participation in the Real Money Games may result in financial loss to you. With full knowledge of the facts and circumstances surrounding these Real Money Games, you are voluntarily participating in the Real Money Games and assume all responsibility for and risk resulting from your participation, including all risk of financial loss. You agree to indemnify and hold the Company, its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with your participation in the Games.
8.3. You represent and warrant that you shall not participate in the Real Money Games from with within an Excluded State.
8.4. You represent that you are not aware of any physical or mental condition that would impair your capability to fully participate in the Games. You further acknowledge that you are solely responsible for any consequences resulting from your participation and / or association with the Games, regardless if occurring before, during or after the period of playing the Games.
8.5. You understand and accept that your participation in the Games available on the Platform does not create any obligation on us to give you a prize or furnish any winnings or payouts. Your earning/winning any prizes/winnings is entirely dependent on your skill as a User vis-à-vis other Users in the Games and subject to the rules of the Games.
8.6. You shall not hold the Company responsible for not being able to play in any Game for which you may be eligible to participate. This includes, but is not limited to, situations where you are unable to log into your User Account as your User Account may be pending validation due to technical issues or you may be in suspected or established violation of any of the Terms.
8.7. You understand and agree that you are solely responsible for all content posted, transmitted, uploaded or otherwise made available on the Platform by you. All content posted by you must be legally owned by or licensed to you. By publishing any content on the Platform, you agree to grant us a royalty-free, world-wide, non-exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display, and publicly perform your content and to use such content in any related marketing materials produced by us or our affiliates. Such content may include, without limitation, your name, username, location, messages, gender or pictures. You also understand that you do not obtain any rights, legal or equitable, in any material incorporating your content. You further agree and acknowledge that the Company has the right to use in any manner whatsoever, all communication or feedback provided by you.
8.8. You understand and accept that the Company reserves the right to record any and all user content produced by way of but not limited to chat messages on the Platform through the ‘chat’ feature, the in-game chat facility or other interactive features which are offered as part of the Services.
8.9. You understand and accept that by viewing or using the Platform or availing of any Services, or using communication features on the Platform, you may be exposed to content posted by other users which you may find offensive, objectionable or indecent. You may bring such content posted by other users to our notice that you may find offensive, objectionable or indecent and we reserve the right to act upon it as we may deem fit. The decision taken by us in this regard shall be final and binding on you.
8.10. You consent to receive communications such as announcements, administrative messages and advertisements from the Company or any of its partners, licensors or associates.
8.11. You shall not transfer your rights under these Terms in any way whatsoever without our prior written consent. Such consent may be granted on your written request to the Company.
8.12. You accept that you are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications Companies and internet access services that you need to use in order to access the Platform. We will not be liable in any way whatsoever for any loss caused to you by the internet or any telecommunication service provider which you have engaged in order to access the Platform.
8.13. You will not commit any acts or display any conduct that damages our reputation or our software provider or any other related service providers.
9.1. We only allow access to the Games through secured Companies using encryption of the username and password of User Accounts. You cannot participate in any Real Money Games without passing our customer security login.
9.2. You must keep your username and password confidential and should not disclose them to anybody. You may not use anyone else's password. You shall be responsible for all transactions conducted in relation to your User Account using your password. Every person who identifies him/herself by entering your correct username and password is assumed by us to be you and all transactions where the username and password have been entered correctly will be regarded as valid.
9.3. We are using the best methods available today for the encryption of the username and password information, and any other sensitive information transferred to and from the client source and our servers, thus securing the User and us against manipulation attempts by a third party. You will not break in, access or attempt to break in or access or otherwise by-pass our security. If we have a suspicion that you have attempted to or may be attempting to break in, access or otherwise by-pass our security of the Platform, we will be entitled to terminate with immediate effect your access to the Services and/or have your User Account blocked, and we reserve the right to take appropriate legal action.
10. RANDOM NUMBER GENERATOR
10.1. You acknowledge that individual patterns and events in the Games are determined by our Random Number Generator (RNG) and you accept the outcomes of all such Games. You further agree that in the unlikely event of a disagreement between the result that appears on the Platform and the Games’ servers, the result that appears on the Games’ servers will prevail and you acknowledge and agree that our records will be the final authority in determining the terms and circumstances of your participation in the Games and related gaming activity.
10.2. iTech Labs Australia has evaluated the RNG used by the Platform and has certified that the software of the Platform complies with the relevant statistical standards of randomness. You understand that the Company maintains the said certification it considers appropriate in the best of its belief, and it is not possible to test all possible scenarios in any testing environment. Therefore the Company specifically disclaims any and all liability in connection with the RNG software used by the Platform.
11. USER RESTRICTIONS
11.1. Cheating and Collusion.
11.1.1. You undertake that you yourself will Play in the Games in which you have registered/joined and not use any form of external assistance to play. You agree to not add unauthorized components, create or use cheats, exploits, bots, hacks, external player assistance programs (EPAs), or any other third-party software designed to modify the Platform or use any third-party software that intercepts, mines or otherwise collects information from or through the Platform or through any Services. Any attempt to employ any such external assistance is strictly prohibited.
11.1.2. Formation of teams and collusion between you and any other user(s) for participating in Games organized/offered on the Platform or any other form of cheating is strictly prohibited. Collusion means a situation where two or more Users attempt to earn an unfair advantage by sharing knowledge of their cards or other information at a poker table. Any User who attempts to or colludes with any other User while using the Services or playing the Games will be permanently banned/prohibited from playing the Games or using the Services or the Platform and such User’s User Account will be terminated immediately.
11.1.3. We will do our best to investigate complaints received against Users suspected of collusion. If we will suspect of a collusive behaviour during a game, we may,in our sole discretion, terminate the suspected Users' access to the Games and Services and/or block/suspend their accounts. We will not be liable under any circumstances whatsoever for any loss you or any other User may accrue as a result of the collusive or otherwise unlawful activity and we will not be further obliged to take any other actions in any event of suspected collusion or fraud.
11.2. Money Laundering. You are prohibited from doing/undertaking any activity on the Platform that may be construed as money laundering, including, without limitation, using false identification documents to create User Accounts, attempting to withdraw amounts from unutilized User Account Balances added through payment instruments, deliberately losing money to certain User(s), chip dumping, playing with two User Accounts on one single table, colluding with other Users on the same table and funnelling of funds through multiple User Accounts.
11.3. Anti-spamming. Sending spam emails or any other form of unsolicited communication for obtaining registrations on the Platform to benefit from any promotional program of the Platform or for any other purpose is strictly prohibited.
11.4. Multiple IDs. Your registration on the Platform is restricted to a single User Account which will be used by you to avail of the Services provided on the Platform. You are prohibited from creating or using multiple user IDs for use on the Platform.
11.5. You may not create a username or password or upload, distribute, transmit, publish or post content through or on the Platform or through any messaging facility provided by the Platform which, (i) is libelous, defamatory, obscene, intimidating, invasive of privacy, abusive, illegal, harassing; (ii) contains expressions of hatred, hurting religious sentiments, racial discrimination or pornography; (iii) is otherwise objectionable or undesirable (whether or not unlawful); (iv) would constitute incitement to commit a criminal offence; (v) violates the rights of any person; (vi) is aimed at soliciting donations or other form of help; (vii) violates the intellectual property of any person and / or any legally formed entity; (viii) disparages in any manner the Platform, the Games, the Company or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or websites; (ix) promotes a competing service, game, product or platform; or (x) violates any applicable laws.
11.6. In the event we determine that the username created by you is indecent, objectionable, offensive or otherwise undesirable, we shall update/change it in accordance with our internal guidelines. No notification of such update/change shall be provided to you.
11.7. You shall not host, or intercept, emulate or redirect proprietary communication protocols, if any, used by the Platform regardless of the method used, including protocol emulation, reverse engineering, modify the Platform or any files that are part of the Platform.
11.8. You shall not frame the Platform. You may not impose editorial comments, commercial material or any information on the Platform, alter or modify Content (as defined below) on the Platform, or remove, obliterate or obstruct any proprietary notices or labels.
11.9. You shall not use the Services on the Platform for commercial purposes including but not limited to use in a cyber cafe as a computer gaming center, Company play over the internet or through gaming Companies or connection to an unauthorized server that copies the gaming experience on the Platform.
11.10. You shall not upload, distribute or publish through the Platform, any content which may contain viruses or computer contaminants (as defined in the Information Technology Act 2000 or such other laws in force in India at the relevant time) which may interrupt, destroy, limit the functionality or disrupt any software, hardware or other equipment belonging to us or that aids in providing the Services offered by the Platform. You shall not disseminate or upload viruses, programs, or software whether it is harmful to the Platform or not. Additionally, you shall not impersonate another person or user, attempt to get a password, other User Account information, or other private information from a user, or harvest email addresses or other information.
11.11. You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your User Account, content, currency, points, standings, rankings, ratings, bonuses, winnings or any other attributes appearing in, originating from or associated with the Platform.
11.12. Any form of fraudulent activity including, attempting to use or using any financial instrument, including without limitation, other person’s credit card(s), debit cards, net-banking usernames, passwords, authorization codes, prepaid real money cards, mobile phones for crediting to your User Account is strictly prohibited.
11.13. If you are an officer, director, employee, consultant or agent of the Company or a relative of such associated persons, you are not permitted to play either directly or indirectly, any Real Money Games on the Platform, other than in the course of your engagement with the Company. For these purposes, the term 'relative' shall include spouse and financially dependent parents and, children.
11.14. In addition to any other action that we may take pursuant to the provision hereof, we reserve the right to remove any and all material or comments posted by you and restrict your access to any media available for public access that is either controlled or moderate by us; when in our sole opinion, any such material or comments posted by you is defamatory or detrimental to our business interests.
11.15. You may not use the Services for any commercial use or on behalf of another person. Any use of the Services by you is for own private purposes only. With respect to private tables and private tournaments organized by you, you shall not be entitled to charge an entry fee or facilitation fees for enabling the use of the Platform or participation in such Games by any other users.
12. PLATFORM CONTENT
12.1. All content and material on the Platform including but not limited to information, images, marks, logos, designs, pictures, graphics, text content, hyperlinks, multimedia clips, animation, games and software (collectively referred to as "Platform Content"), whether or not belonging to the Company, are protected by applicable intellectual property laws. Additionally, all chat content, messages, images, recommendations, emails, images sent by any user can be logged/recorded by us and shall form part of the Platform Content and the Company is free to use this material in any manner whatsoever.
12.2. All Platform Content is solely for your personal, non-commercial use and may be used solely in accordance with license granted under Clause 13 below. You may not copy Platform Content, or otherwise modify, obscure or delete any copyright or other proprietary notices on the Platform. No right, title or interest in any materials or software, if applicable, on the Platform is transferred to you from your use of the Platform.
12.3. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Platform Content, the Platform, or any related material without the prior written authorization of the Company.
13. OWNERSHIP OF INTELLECTUAL PROPERTY
13.1. All Platform Content shall be utilized only for the purpose of availing the Services and in conformity with the Terms. You are granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content solely for the purposes of accessing and using the Services and for no other purpose whatsoever.
13.2. You acknowledge that all ownership rights and all copyright and other intellectual property rights in the Platform Content are controlled by the Company and/or its licensors and that you have no right title or other interest in any such items except as expressly stated in these Terms.
13.3. You shall not sublicense, assign or transfer the license granted to you, or rent or lease or part with the whole or any part of such license or of the Platform Content included in such license.
13.4. You may not transfer, copy, reproduce, distribute, exploit, reverse engineer, disassemble, translate, decode, alter, make derivations from or make any other use of the Platform Content in any manner other than as permitted for obtaining the Services provided on the Platform.
13.5. You may not hyperlink the Platform to any other website without the Company’s consent in writing.
13.6. You may access information on and download and print extracts from the Platform for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you by downloading and you are expressly prohibited from using such materials for any commercial purpose unless agreed with us in writing.
14. VOLUNTARY TERMINATION
14.1. You are free to discontinue use of the Services on the Platform at any time, intimating us of your desire to do so by sending a support request email sent to us at [email protected] In case your User Account has a positive User Account Balance, we will, subject to satisfactory verification, disburse the same to you by online transfer or by any other permitted payment method in a timely manner
15. CONSEQUENCES OF BREACH
15.1. In the event of breach of any of the Terms being evidenced from our investigation or if there is reasonable belief, that your continued access to the Platform is detrimental to the interests of the Company, our other users or the general public; we may in our sole discretion take any or all of the following actions:
15.1.1. Restrict games between users suspected of colluding or cheating;
15.1.2. Permanently suspend your User Account on the Platform;
15.1.3. Forfeit any winnings or bonus amounts in your User Account;
15.1.4. Block any unused funds in your User Account;
15.1.5. Demand damages for breach and take appropriate civil action to recover such damages; and/or
15.1.6. Initiate prosecution for violations that amount to offences in law.
15.2. Additionally, we may suspend or otherwise put restrictions on your access to the Services on the Platform during investigation for any of the following reasons:
15.2.1. Suspected breach of security of your User Account;
15.2.2. If there have been charge-backs on your User Account;
15.2.3. Any alleged or actual money laundering activities on the Platform; or
15.2.4. Any other unauthorized use of the Platform or the Services.
15.3. In the event of committing material breach hereof, we reserve the right to bar you from future registration on the Platform.
15.4. The decision of the Company on the action to be taken as a consequence of breach shall be final and binding on you.
15.5. Any action taken by the Company shall be without prejudice to our other rights and remedies available in law or equity.
15.6. Additionally, the Company may immediately, without notice, deny you access to the Platform if, in the Company’s opinion, you fail to comply with any or all of the Terms set forth herein.
16. FORFEITURE, ACCOUNT CLOSURE AND CONFISCATION:
16.1. The Company reserves the right, in its unfettered discretion, to lock your user account or refund any funds credited into your User Account (less any charges incurred by the Company to process such refund) or void or confiscate any winnings or bonus amounts in your User Account in any of the following circumstances:
16.1.1. If you have more than one active account on the Platform.
16.1.2. If the name on your User account registration does not match the name on the credit card(s) or other payment accounts used to make purchases.
16.1.3. If you participate in a Company promotion and withdraw before fulfilling the requirements of that particular promotion.
16.1.4. If you provide incorrect or misleading registration information.
16.1.5. If less than (i) 18 years of age, or (ii) the age of majority in the applicable jurisdiction.
16.1.6. If you access the Platform from a jurisdiction where participation in the Games is prohibited by law.
16.1.7. If you have "charged back" or denied any of the purchases or real money credits that you made to your Account.
16.1.8. If you are found cheating or attempting to cheat, or if it is determined by the Company that you have employed or made use of a system (including machines, computers, software or other automated systems) designed specifically to defeat the system or you are found to have colluded or attempted to collude with other Users in order to defraud the Company.
16.1.9. If the Company, at its sole discretion determines that any attempts to credit or withdraw real money amounts by you without being used for gaming purposes are indicative of money laundering or any suspicious activities.
16.1.10. If you fail to comply with any of these Terms or if, for technical reasons, a real money credit into the user’s account overlaps with the closure of the account at the user’s initiative or by the Company, this circumstance will be pointed out to the user and the user will be requested to provide account details in order to ensure the immediate return payment of the full amount (less any charges incurred by the Company to process such refund) .
17. NO COMPANY EMPLOYEES OR AFFILIATE
17.1. If you are an officer, director, employee, consultant or agent of the Company or one of its affiliated or subsidiary companies, or suppliers or vendors, you are not permitted to register with the Platform or to participate directly or indirectly in any of the Games (each an "Unauthorized Person"). Similarly, relatives of Unauthorized Persons are not permitted to register with the Platform or to participate directly or indirectly in any of the Games. For these purposes, the term "relative" shall mean spouse, partner, parent, child or sibling. Any person found to have violated this section will not be entitled to collect any winnings.
17.2. We are committed to detecting and preventing software programs which are designed to enable artificial intelligence (non-human) to play on our site. Such programs are often designed to send information about cards or Users to an external program. You are not permitted to, and you agree not to cause any such program to access our Platform or any data on it and you are not permitted to access any such data and send it to any other parties. You consent to the Company taking measures to prevent and detect the use of such programs using methods including but not limited to screen capture or reading the list of currently running programs on any User's (including your) computer.
18. DISCLOSURE OF FRAUDULENT ACTIVITIES & RECOVERY OF DISPUTED CREDIT CARD TRANSACTIONS
18.1. If, in the Company's sole determination, you are found to have cheated or attempted to defraud the Games, the Platform, the Company, other Users, or any person/entity associated with the Platform in any way including but not limited to game manipulation or payment fraud, or if you make untrue and/or malicious comments with regard to the Company's operation in any media or forum, the Company reserves the right (and you authorize the Company) to publicize your actions together with your identity and e-mail address, as well as to circulate this information to other online gaming sites, banks, credit card companies, law enforcement departments and other appropriate agencies. The Company or the Platform may close any accounts, and forfeit any winnings or bonus amounts that may be due to you and/or block any User Account balance amounts, that you have at any Company website, and/or business. The Company may also engage the services of debt collection agencies to recover from you the amount of any disputed transactions or chargebacks, administration and recovery fees, and other associated credit card processing fees or fines.
19. RESERVATION OF RIGHTS
19.1. We reserve, at our sole discretion, the right to;
19.1.1. Refuse to register any applicant for registration on the Platform.
19.1.2. Prevent a User from participating in any Game or in individual events within a Game.
19.1.3. Change, suspend, remove, modify or add any Game(s) offered on the Platform.
19.2. We reserve the right to conduct background checks on you, including credit checks, with third party credit and financial institutions, to verify the information provided by you.
19.3. In the event of any dispute regarding a Game, our decision will be final and binding. We reserve the right to reasonably withhold any pay out or winnings until the identity of the winning person is verified to our satisfaction in order to ensure that payment of the winnings is being made to the correct person.
19.4. In the event that we will suspect fraud or fraudulent activity on your part or any of your payments are charged back, we will have the right to withhold any pay-out or winning amounts due to you and if necessary, to lawfully collect any payments owed by you.
19.5. We may at any time without prior notice to you terminate your User Account and block your access to the Platform and/or Services if we consider that you are in breach of any of these Terms or that you are otherwise acting illegally. We will not be under any obligation in such circumstances to refund or otherwise reimburse you for any of the funds in your User Account.
19.6. We reserve the right, at our sole discretion, to offer and advertise from time to time promotions, bonuses or other special offers and each such offer will be subject to specific terms and conditions which will be valid for a limited period of time. In connection with the specific terms of the above promotions, bonus and special offers. In addition, we reserve the right to withhold or otherwise decline or reverse any pay-out or winning amount or amend any policy in the event that we suspect that you are abusing or attempting to abuse any of the following:
19.6.3. VIP Program
19.6.4. Specific policy or rules determined in respect of an existing Game or a new Game; or
19.6.5. Our rules and guidelines regarding credits and withdrawals
20. WARRANTY DISCLAIMERS, LIMITATION OF LIABILITY
20.1. The Platform, including the RNG software and the Content herein is provided by the Company in good faith on an “as is”, “as available” basis. the Company does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Platform. Further, the Company makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the RNG software, the information, the Content or materials herein or hereon. To the extent as permitted under applicable law, the Company disclaims all responsibility (whether direct, indirect, consequential or otherwise) with respect to the accuracy or otherwise of the information, Content or materials arising from the use of the Platform. Without prejudice to the foregoing, the Company does not warrant that: i) the Platform will be constantly available, or available at all; or ii) the information on the Platform is complete, true, accurate or not misleading; or iii) the quality of any information, or other material that you obtain through the Platform will meet your expectations.
20.2. The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of fitness for particular purpose and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of any content, software, text, graphics and links.
20.3. The Company does not warrant that the Platform; information, Content or materials included on or otherwise made available to you through the Platform; the servers hosting the Platform; or electronic communication sent from the Company are free of viruses or other harmful components. The Company utilises safeguards and industry best practices to protect the Platform from hackers, sniffers and malicious modification tools, however, it does not warrant that the Platform shall be completely safe from such attacks at any period of time.
20.4. YOUR ACCESS TO THE PLATFORM AND THE SERVICES AND PARTICIPATION IN THE GAMES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE COMPANY SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS OR ATTEMPTS BY YOU TO PARTICIPATE IN THE GAME BY METHODS, MEANS OR WAYS NOT INTENDED BY THE COMPANY. THE GAMES AND THE SOFTWARE ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT LIABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THE FUNCTIONS CONTAINED WITHIN, THE GAMES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THEIR OPERATIONS WILL BE UNINTERUPPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE COMPANY, THE GAMES AND THE SOFTWARE LIES WITH YOU. THE COMPANY'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE GAMES OR THE SOFTWARE, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, WILL BE LIMITED TO THE SERVICE CHARGES, IF ANY, ALREADY PAID BY YOU TO ACCESS THE PLATFORM OR PARTICIPATE IN ANY GAMES IN THE ONE (1) WEEK PRIOR TO THE DATE ON WHICH THE LIABILITY FIRST ARISES. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE PLATFORM, THE GAMES OR THE SERVICES HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF THE COMPANY RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT, SHALL THE COMPANY BE LIABLE FOR ANY MALFUNCTIONS OF THE PLATFORM BUGS OR VIRUSES, RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE. FURTHER, THE COMPANY IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP COMPANY AND/OR SYSTEMS.
20.5. Without limiting the generality of the foregoing, you specifically acknowledge, agree and accept that we are not, except as specified herein liable to you for:
20.5.1. the defamatory, undesirable or illegal conduct of any other user of the Services;
20.5.2. any loss whatsoever arising from the use, abuse or misuse of your user account or any feature of our Services on the Platform;
20.5.3. any loss incurred in transmitting information from or to us or from or to our Platform by the internet or by other connecting media;
20.5.4. any technical failures, breakdowns, defects, delays, interruptions, improper or manipulated data transmission, data loss or corruption or communications’ infrastructure failure, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Services;
20.5.5. the accuracy, completeness or currency of any information services provided on the Platform;
20.5.6. any delay or failure on our part to intimate you where we may have concerns about your activities; and
20.5.7. Your activities / transactions on third party websites accessed through links or advertisements posted in the Platform.
20.6. Nothing on the Platform or in these Terms constitutes, or is meant to constitute, advice of any kind.
21.1. To the extent permitted by law, and in consideration for being allowed to access the Platform and/or the Services, you hereby agree to indemnify, defend and hold harmless the Company and all of the Company’s officers, directors, owners, agents, information providers, affiliates, licensors, licensees and third-party service providers (collectively, the “Indemnified Parties“) from and against any and all liability and costs, including, without limitation, reasonable legal fees, incurred by the Indemnified Parties in connection with any claim arising out of:
21.1.1. Any breach by you of these Terms;
21.1.2. Your use of the Platform and participation in the Games.
21.1.3. Infringement of any third party intellectual property rights by your publication of any content on our Platform;
21.1.4. Use, abuse or misuse of your User Account in any manner whatsoever;
21.1.5. Any disconnections, technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communication lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Platform; and
21.1.6. Access of your User Account by any other person accessing the Services using your username or password, whether or not with your authorization.
21.2. You shall cooperate as fully as reasonably required in the defense of any such claims specified in Clause 22.1 above. The Company reserves the right, at the user’s expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
22.1. You agree to receive communications from us in an electronic form. Electronic communications may be posted on the pages within the Platform and/or the messages/help files and/or delivered to your e-mail address. All communications in either electronic or paper format will be considered to be in "writing" and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. We reserve the right, but assume no obligation, to provide communications in paper format. Any notices required to be given in writing to us or any questions concerning this Agreement should be addressed to [email protected] and any legal communications should be addressed to [email protected]
23.1. You may not assign your rights and obligations under these Terms without the prior written consent of the Company. The Company may assign its rights and obligations to a third party upon issuing written notification via an announcement on the Platform.
24. THIRD PARTY LINKS
24.1. Please note that the Platform may contain links provided by third parties. Any website or information accessed by or as a result of following such third-party links is at your sole risk. The content viewed through any third-party links is not endorsed in any manner by the Company. The Company shall not be responsible for or liable in any manner whatsoever for the content provided through such third-party links. Further, the accuracy of the content provided through third party links has not been verified by the Company and we provide no warranties with respect to the same. Any information collected on websites visited through such third-party links is subject to the privacy policies of such third-party websites.
25. ACCURACY OF INFORMATION
25.1. The information presented on the Platform has been compiled by the Company from various sources including from external sources. No representation is made, or warranty given as to the completeness or accuracy of such information. The Platform may contain typographical errors and incomplete or out of date information. The Company reserves the right to make changes or modifications to the Content and information on the Platform in order to meet the Company standards and regulations or update such information at any time without notice, but the Company makes no commitment to correct or update this information. If you seek to rely on any representation of information contained on the Platform, any such reliance shall be at your own risk.
26.1. You hereby waive any rights, whether existing or acquired in future, that are attributable to you under any applicable law, including (without limitation) any law, regulation or order concerned with privacy or personality rights, in relation to the matters contemplated herein, without any claim for compensation.
27.1. The Company may be required under certain legislations, to notify user(s) of certain events. User(s) hereby acknowledge and consent that such notices will be effective upon the Company posting them on the Platform or delivering them to you through the email address provided by you at the time of registration. You may update their email address by logging into your account on the Platform. If you do not provide the Company with accurate information, the Company cannot be held liable for failure to notify the User.
27.2. The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, Company infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
27.3. Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.
28. NON-DISPARAGEMENT AND COMPLAINTS
28.1. You agree not to disparage or abuse any other users of the Platform, the Company, its officers, staff, personnel and employees, or the Platform or the Services on any social media platforms or any other public platforms. The Company reserves the right, at its sole discretion, to terminate and/or suspend your User Account and access to the Platform or Services in the event that you fail to comply with this Clause.
28.2. If you have a complaint, you should in the first instance contact the customer support team at [email protected] or write to us following the procedure given in the ‘Contact Us’ section. Complaints should be made as soon as possible after circumstances arise that cause you to have a complaint. You accept that any complaints and disputes are and remain confidential both whilst a resolution is sought and afterwards. You agree that you shall not disclose the existence, nature or any detail of any complaint or dispute to any third party. The Company shall make efforts to resolve complaints within reasonable time. Our decision on complaints shall be final and binding on you. The Company shall not be obliged to respond to any complaints that are not submitted in accordance with this Clause, including any complaints posted on social media platforms.