Updated: 1 July 2022
pokerk.com is operated by Ambition International Tech N.V. with its registered office at Abraham de Veerstraat 9, Willemstad, P.O. Box 3421, Curaçao (the ‘Company’). The Company operates under the Curacao License no. 365/JAZ. The Company is legally authorized to conduct gaming operations for all games of chance and wagering. Payments are processed by Aeindri Limited (ΗΕ 434871) registered in Cyprus, acting as the payments agent as per agreement between the two companies.
PLEASE READ THE TERMS OF SERVICE SET OUT HEREIN (“TERMS OF SERVICE”) CAREFULLY BEFORE USING THE SERVICES PROVIDED BY THE COMPANY.
When you use the Company’s gambling services either via the Internet Platform or an Alternative Platform, the Terms of Service shall apply to such use to such extent as is applicable to the circumstances.
In addition to the Terms of Service and the Privacy Policy that you should review, your use of the Company’s gambling services is strictly subject to all additional rules which shall apply from time to time to the type of gambling services which you are using, including, but not limited to, the “Security and Ecology Agreement”, the “Withdrawal Policy”, the “Responsible Gaming Policy”, the “House Rules”(together the “Site Rules”) in each case as updated from time to time. The Terms of Service together with the Privacy Policy and the Site Rules, which are deemed to be an integral part hereof, constitute a binding legal document between you and the Company (together the “User Agreement”).
Introduction
By registering with the Company and/or by using the Company’s gambling services and/or by marking the “I accept these Terms and Conditions” box (or any other similar wording) and/or by downloading, installing or using the Software, you agree to be bound by the User Agreement in its entirety and without reservation. As such, the User Agreement constitutes a binding legal document between you and the Company and the Agreement shall govern your use of our gambling services at all times.
By accepting the Terms and Conditions, you are giving your consent to take part in the live stream, online broadcasting, and any future publicity that the Company chooses to use during and after the conclusion of the events. All events, especially tournaments, are reported on multiple online and social media platforms with all results published with the players’ nicknames in our site, finishing positions, played-hands and pay-outs in the events. Specifically, final tables of tournaments could be broadcasted on online media, such as Twitch, with hands revealed with a delay of 1 hour from the actual play.
The Company’s software, which is available in either downloadable or non-download forms, and via either the Internet Platform or an Alternative Platform (the “Software”), allows you to use our gambling services (the “Services”). The Company reserves the right to suspend, modify, remove or add to the Services or Software in its sole discretion with immediate effect and without notice. The Company shall not be liable for any loss suffered by you resulting from any changes made and you shall have no claims against the Company in such regard.
You shall access the Software and use the Services only via your own account and you may never access the Software or use the Services by means of another person’s account. Should you attempt to use the Services by means of any other person’s account, we will be entitled to immediately close all your accounts, retain all monies in such accounts and bar you from future use of the Services.
If deemed applicable, the Company may decide in its sole discretion to prevent multiple accounts being registered or used by you or by anyone from the same family or living in the same household. The Company shall not be responsible in any way for preventing the registration of multiple accounts, but can take action, including retaining all monies in such accounts, on any person opening multiple accounts as required, including but not limited to situations where accounts are registered from the same household, regardless of the registration details provided at the time of opening such accounts.
Acceptance of Terms and Conditions
If you do not agree to any of the provisions of the User Agreement you should immediately stop using the Software and remove the Software from your computer and/or any other applicable device.
We reserve the right to amend, modify, update and change any of the terms and conditions of the User Agreement from time to time and we will notify you of any such amendment, modification or change by publishing the new version of the User Agreement on the relevant page of website. Any modified version of the User Agreement will take effect 7 days after its publication on the Internet Site or earlier if required by any applicable law, regulation or directive and your continued use of the Services or the Software after the aforementioned period will be deemed to constitute your acceptance of the changes to the User Agreement. It remains your responsibility to ensure that you are aware of the correct, current terms and conditions of the User Agreement and we advise you to check for updates on a regular basis. PLEASE NOTE: We take our responsibilities in relation to your privacy exceedingly seriously and therefore changes to the Privacy Policy are strictly subject to the modification provisions found therein.
Compliance with Laws
Internet gambling may not be legal in some jurisdictions. You understand and accept that the Company is unable to provide you with any legal advice or assurances in respect of your use of the Services and the Company makes no representations whatsoever as to the legality of the Services in your jurisdiction. Please verify the relevant laws in your jurisdiction before registering with the Company and using the Services.
The Services are intended only for users who are not prohibited by the laws of any applicable jurisdiction from gambling on the Internet. The Company does not intend to enable you to contravene applicable law. You represent, warrant and agree to ensure that your use of the Software and the Services will comply with all applicable laws, statutes and regulations. The Company shall not be responsible for any illegal or unauthorized use of the Software and/or the Services by you. Please consult legal counsel in the applicable jurisdiction if you have any doubts about the legality of your use of the Software and the Services under the laws of any jurisdiction that applies to you. By accepting these terms, you agree to assist the Company, to the extent you are able, with its compliance with applicable laws and regulations.
Restricted Countries
Due to the fact that there are many laws on gambling in different countries, including online poker and the risks associated with political instability and the threat of terrorism, the Company does not accept players who reside, reside or usually reside in a number of countries and jurisdictions.
Australia, Aruba, Bonaire, Curacao, France, Netherlands, Saba, Spain, Statia, St Martin, United Kingdom, USA, and/or any other jurisdiction that the Central Government of Curacao (formerly the Netherlands Antilles) deems online gambling illegal are blocked on our site.
As a rule, if a potential player cannot find his country of residence in the list of countries available during the registration process, this means that the Company will not be able to accept him as a player, therefore this person will not be able to access the products and services of the Company.
The Company reserves the right to periodically amend the list of countries with restricted access.
Permitted Participation
No-one under the age of 18 or the age of legal consent for engaging in the activities included in the Services under the laws of any jurisdiction, whichever is higher (“Legally of Age”) may download the Software or use the Services under any circumstances and any person not Legally of Age who downloads the Software or uses the Services will be in breach of the terms of the User Agreement. The Company reserves the right to request proof of age at any stage, to verify that persons not Legally of Age are not using the Services. The Company may terminate your account and/or exclude you from using the Software or the Services if proof of age is not provided by you or if the Company suspects that you are not Legally of Age. The Company reserves the right to withhold any funds in your account until your age is verified.
We reserve the right to verify your registration details, such as name, address, age, and payment methods used, at any time, by requesting certain documents. These documents shall typically include an identity card, proof of address such as a utility bill, and proof of your payment method, and can be uploaded through the Cashier. If deemed necessary, we may request that the said document copies are notarized, meaning that the documents are stamped and attested by a Public Notary. In the event our requests for documents are not completed by the member, the Company may at its sole discretion terminate the account, and withhold any funds that are present therein. Should the documents fail our internal security checks – for example, if we suspect that they have been tampered with, or are in any way provided to mislead or misrepresent – we shall be under no obligation to accept such documents as valid, and under no obligation to provide feedback on the exact nature of our findings with regards to these documents.
We reserve the right to perform background checks on any member and request any relevant documentation, for any reason, including (but not limited to) any investigation into the identity of the member, any credit checks performed on the member, or any enquiries into the member’s personal history. The basis for such investigations will be dependent on the specific case, but could include (but is not limited to) verification of the member’s registration details, such as the name, address and age, verification of the member’s financial transactions, financial standing, and/or gaming activity. The Company is under no obligation to advise the member of such an investigation taking place. Such activities may include the use of specific third party companies, who perform the investigations as required. The Company may decide at its sole discretion to terminate a member’s account, and withhold all funds in such account, on the basis that such an investigation provides a negative or uncertain conclusion.
During their engagement period and for a period of 24 months thereafter, no officer, director, employee, consultant or agent of the Company or any other company within its group of companies or its suppliers, vendors or white label partners is permitted to use the Services directly or indirectly, nor is any supplier or vendor. This restriction also applies to relatives of such persons and for this purpose ‘relative’ includes, but is not limited to, any of a spouse, partner, parent, child or sibling.
Information Technology/Intellectual Property
The Company hereby grants you the non-exclusive, non-transferable, non-sub-licensable right to install and use the Software and all content derived from the Software, including, but not limited to, the copyright and all other intellectual property rights therein, in connection with the Services in accordance with the User Agreement. You may install the Software on a hard disk or other storage device and may make backup copies of the Software, provided that such backup copies are used only by you in connection with the Services through a computer of which you are the principal user. The Software’s code, structure and organization are protected by intellectual property rights. You must not:
copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, 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); or
use the Software in a manner prohibited by applicable laws or regulations.
(together the “Prohibited Activities”).
You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission of any Prohibited Activities. You shall notify the Company immediately upon becoming aware of the commission by any person of any of the Prohibited Activities and shall provide the Company with reasonable assistance with any investigations it may conduct in light of the information provided by you in this respect.
The brand names relating to our web site (as defined below) and any other trademarks, service marks and/or trade names used by the Company either on its own behalf or together with its white label partners from time to time (the “Trade Marks”) are the trademarks, service marks and/or trade names of the Company or any company within its group of companies or its licensors or its white label partners and these entities reserve all rights to such Trade Marks. In addition to the rights in the Trade Marks, the Company or any company within its group of companies and/or its licensors and/or its white label partners own the rights in all other content, including but not limited to the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text available via the Software or on the Internet (the “Site Content”) and the Site Content is protected by copyright and/or other intellectual property rights. You hereby acknowledge that by using the Services or the Software you obtain no rights in the Trade Marks or the Site Content and you may only use the same in complete accordance with the User Agreement.
Your Representations and Undertakings
In consideration of the rights granted to you to use the Services and the Software, you represent, warrant, covenant and affirm that:
You are Legally of Age as defined in the User Agreement, you are of sound mind and you are capable of taking responsibility for your own actions.
All details provided by you to the Company either during the registration process or at any time thereafter, including as part of any payment deposit transaction, are true, current, correct and complete and match the name(s) on the credit/debit card(s) or other payment accounts to be used to deposit or receive funds in your account. Without derogating from the aforementioned, should you use a credit/debit card or any other form of payment which is not in your private and personal name, we will presume that you have received complete and sufficient consent from the rightful owner and/or the person whom name is used on such payment instrument to make use of such payment instrument for the purposes herein, prior to your engagement with us. We shall not be obligated in any manner to examine such consent and shall bear no responsibility with respect to your representations hereunder. You will promptly notify us of any changes to details previously provided by you to the Company. From time to time you may be requested to provide us with certain documents to verify the details of the credit card used by you to deposit money to your account. Depending on the outcome of these verification checks you may or may not be permitted to deposit further monies with the credit card previously used by you. Should any of the information that you provide to us be untrue, inaccurate, misleading or otherwise incomplete, you will be in breach of contract and we reserve the right to terminate your account immediately and/or prevent you from using the Software or the Services, in addition to any other action that we may choose to take.
Your account with the Company is solely for your benefit. You shall not allow any third party (including a relative) to use your account, password or identity to access or use the Services or the Software and you shall be fully responsible for any activities undertaken on your account by a third party. You will not reveal your account username or password to any person and you shall take all steps to ensure that such details are not revealed to any person. You shall inform us immediately if you suspect that your account is being misused by a third party and/or any third party has access to your account username or password so that we may investigate such matter, and you will cooperate with us, as we may request, in the course of such investigation.
You are responsible for the security of your username and password on your own PC or internet access location. If this username password combination is “hacked” from your computer, due to any viruses or malware that is present on the computer that you access your account with, this is your responsibility. You should report any possible hacking attempts or security breaches from your computer terminal immediately to the Company.
You have verified and determined that your use of the Services does not violate any laws or regulations of any jurisdiction that applies to you.
You fully understand the methods, rules and procedures of the Services and Internet gambling in general. You understand that it is your responsibility to ensure the details of bets and games are correct. You will not commit any acts or display any conduct that damages the reputation of the Company.
You are fully aware that there is a risk of losing money when gambling by means of the Services and you are fully responsible for any such loss. You agree that your use of the Services is at your sole option, discretion and risk. In relation to your gambling losses you shall have no claims whatsoever against the Company or any White Label Brand or their respective directors, officers or employees.
You acknowledge that in registering and using the Services you have to provide us with certain personal details about yourself (including details regarding your methods of payment). We shall handle all information provided by you diligently and we will not disclose such information to third parties except as provided for in the Privacy Policy. We urge you to read the Privacy Policy to ensure that you agree with our policies in relation to how your information is handled.
You acknowledge that the Software includes features provided by third parties which may be installed on your device as part of the Software and which may be automatically updated from time to time. Amongst others, such features may access your hand history which is stored on your own device, for the purpose of providing you with certain promotions and notifications. You may elect not to enable recording of your hand history or to uninstall the feature.
You shall use our Internet sites (the “Sites”), the Services and the Software in complete accordance with the terms and conditions of the User Agreement, as amended from time to time, and you shall abide by all of the rules and instructions for playing the games that comprise the Services.
You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any winnings paid to you.
You acknowledge and agree that the Company may publish the amounts you have won alongside your username on the Sites and/or through social networks.
You are solely responsible for any telecommunications networks and Internet access services and other consents and permissions required in connection with your use of the Software and the Services.
You shall use the Services and the Software only in good faith towards both the Company and other players using the Services. In the event that the Company has reasonable suspicion that you have been using the Services or the Software in bad faith the Company shall have the right to terminate your account with the Services and any other accounts you may hold with the Company and the Company shall be entitled to retain all monies therein. You hereby expressly waive any future claims against the Company in such regard.
You acknowledge that certain games and tables which are included in the Service are offered to you on a “shared basis”, which enables users of the Service via the In House Brands, White Label Brands as well as users of third party platforms to play with one another. In such cases, you accept that you may play with or against other users, who may have different configurations to your own, this includes but is not limited to, different currencies and bet limits. You agree that, at the Company’s sole discretion, you may be pooled into these shared games and tables and that, to the extent that you breach the User Agreement, the Company shall have the right to block you from playing both via the In House Brands and the White Label Brands.
You acknowledge and agree that should you choose to self-exclude from any of the Sites, you shall not be permitted to open or use a new account with any other Site operated by the Company during your selected self-exclusion period, until such self-exclusion has been lifted and the original account reopened. In the event you are in breach of the foregoing, we shall be entitled to block any new account you open with another Site, forfeit any funds therein, and we shall not be liable to refund to you any funds you may have wagered or won through such account. For more information regarding self-exclusion please see our Responsible Gaming Policy.
Prohibited Uses of the Sites and Services
Illegal Funds and Unlawful Activities: You declare that the source of funds used by you for gambling on the Sites is not illegal and that you will not use the Services in any way as a money transfer system. You will not use the Services for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under the laws of any jurisdiction that applies to you. If the Company has a reasonable suspicion that you may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of the User Agreement, your access to the Services may be terminated immediately and/or your account blocked. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund to you any funds that may be in your account. In addition to terminating your access to the Services and/or blocking your account, the Company reserves the right to prevent you from accessing any of the Company’s other websites or servers, or accessing any other services offered by the Company. The Company shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions (together “Interested Third Parties”) of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with the Company to investigate any such activity. In the interests of fair play on our Sites it is prohibited to utilise any recognised betting techniques to circumvent the standard house edge in our games. If the game play on your account indicates that you are using such betting techniques, we shall immediately block the account and retain any funds in said account.
Circumvention: We have developed and employ sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Services or Software. You shall not break into, access or attempt to break into or access or otherwise circumvent the Company’s security measures. If, the Company believes, in its sole discretion, that you are in breach of this clause, the Company may terminate your access to the Services immediately and/or have your account blocked, and the Company may inform Interested Third Parties of your breach of this clause.
Software Aids: You are not allowed to use any software program or robot which, in our opinion, is endowed with artificial intelligence (“Software Aid”) in connection with your use of the Services. We constantly review the use of the Services in order to detect the use of any Software Aid. In the event that we have reasonable suspicion that any Software Aid has been used, we reserve the right to take any action we see fit, including immediately blocking access to the Services to the offending user, terminating such user’s account and seizing all monies held in such account.
Intentional Disconnection: You are not allowed to intentionally disconnect from a game while playing on the Sites. We have developed and employ elaborate methods which enable us to seek out and accurately identify users who carry out an intentional disconnection during a game. If, in the Company’s sole discretion, you are in breach of this clause, the Company may terminate your access to the Services immediately and/or have your account blocked. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund to you any funds that may be in your account. In addition to terminating your access to the Services and/or blocking your account, the Company reserves the right to prevent you from accessing any of the Company’s other websites or servers, or accessing any other services offered by the Company.
Your Account
Your account is for your sole personal use only and shall not be used for any professional, business or commercial purpose.
We take no responsibility for any third party access to your account and under no circumstances shall the Company be liable for any losses incurred by you as a result of misuse of your password by any person or for any unauthorized access to your account and all transactions where your user name and password have been entered correctly will be regarded as valid, whether or not authorized by you.
Monies held in your account shall not attract any interest.
If you do not log in to your account for a consecutive period of 365 days, your account will be considered a “dormant account”. Any positive cashable balance in a dormant account may be removed by us and cease to be held in the Designated Account (as defined below) for player funds. Before any positive balance is transferred out of a dormant account, we will use reasonable efforts to notify you via the most current contact details you provided to us. Following your account becoming a “dormant account”, you can at any time log on to your account and contact us to request that the amount of the positive balance is made available for your withdrawal or to use in your account with us and subject to our verifying your identity to our satisfaction, we will promptly consider any such request.
Please note that if you do not log in to your account for a period of 90 days, your [K4] Bonus Points, if any, shall be forfeited to the Company without further notice and are not refundable.
The Company may, at any time, set off any positive balances in your account against any amount owed by you to us.
The Company may from time to time implement a rounding policy in relation to monies deposited by or cashed-out to members where currency conversion is involved. The effect of this policy shall be that deposit or cash-out amounts in currencies other than US Dollars might be rounded up or down on conversion to or from US Dollars. By way of example only, if according to the exchange rate a 10 EUR deposit is converted by the Company into 13.61 USD then your account will be credited with 14.00 USD. Details of the rounding policy in effect from time to time will be available to you at the point that any monies are converted.
We reserve the right to limit or refuse any bet, stake or other wager made by you or through your account.
Any funds you deposit with the Company will be held in a bank account in the name of the Company (the “Designated Account”). The Designated Account is a separate account which only contains funds deposited by and due to players, which are to be used to pay for players’ use of our services.
Where the Software uses a third party application interface, not all the information relating to your past gambling activities will be displayed online.
If you have a child who is not Legally of Age, you must take special care to ensure that they do not access the Services via your devices.
Payment Transactions and Payment Fraud
Each user of the Service is fully responsible for paying all monies owed to the Company. You agree that you will not make or attempt to make any charge-backs, and/or deny or reverse any payment that you have made and you hereby agree that you will reimburse the Company for any charge-backs, denial or reversal of payments you make and any loss suffered by the Company as a consequence thereof. The Company may, at its sole discretion, cease to provide the Services or withhold payment to certain users or to users paying with certain credit cards.
NSUS Interactive Limited will process your payments and handle your funds and will therefore appear on your credit card statements (or on other payment statements as applicable). Subject to regulatory requirements, the Company may, from time to time, at its sole discretion and without notice, use any other company within the same corporate group to provide such services.
We reserve the right to run credit checks on all users with third party credit agencies, on the basis of the information provided to us on registration.
We reserve the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Services. To the extent that they do not conflict with the terms of the User Agreement, you agree to be bound by the terms and conditions of such third party electronic payment processors and/or financial institutions.
In the case we have reasonable suspicion that a fraudulent payment is being made or received, including use of stolen credit cards, or any other fraudulent activity (including any charge-back or other reversal of a payment), we reserve the right to block or terminate a user’s account, reverse any pay-out made and recover any winnings. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments. However, under no circumstances shall the Company be liable for any unauthorized use of credit cards, irrespective of whether or not the credit cards were reported stolen.
Our expectation is that our members will deposit in order to actively play with their own funds. On accounts where this does not seem to be the case, we reserve the right to enforce a wagering amount on your deposited funds, before allowing any withdrawal from said account. This wagering amount will be a multiplication of the total deposited funds, which we will specify depending on the case (for example 1 x the deposited amount). We reserve the right to require this wagering to be performed in specific games, and to exclude certain game types, at our discretion.
We reserve the right to charge you fees for handling your deposits and withdrawals to and from your account as may be detailed in the “Cashier” from time to time.
All payments into your account must be from a single payment source, such as a credit card, debit card or charge card, on which you are the named account holder.
Bonuses
All promotions, bonuses or special offers are subject to promotion-specific terms and conditions and any complimentary bonus credited to your account must be used in adherence with such terms and conditions. Notwithstanding the modification provisions in Section 2, we reserve the right to withdraw or amend any promotion, bonus or special offer at any time including any terms and conditions thereof.
In the event that the Company has reasonable suspicion that a user of the Service is abusing or attempting to abuse a bonus, offer or other promotion, or is likely to benefit through abuse or lack of good faith from a gambling policy adopted by the Company, then the Company may, at its sole discretion, deny, withhold or withdraw from any user any bonus, offer or promotion, or rescind any policy with respect to that user, either temporarily or permanently, or terminate that user’s access to the Services and/or block that user’s account.
All users of the Services shall be entitled only to one welcome bonus. Members who make their first deposit with the Company or any of its white label partners, and who have or previously had an account with any of the Sites owned or operated by the Company, including both In-House Brands and White Label Brands, shall not be entitled to an additional welcome bonus, unless the Company decides otherwise at its absolute discretion.
Your account is made up of both Available funds (those that can be used in any applicable game or withdrawn subject to the Withdrawal Policy) and Restricted funds (the total of bonus funds that have not yet met the wagering requirement and any winnings associated with such bonus funds). If you have both Available funds and Restricted funds in your account, the next wager you make will use Restricted funds first. Available funds will only be used once your Restricted funds balance is zero.
The jackpot prizes will not increase as a result of wagers made with Restricted funds, free spins or FreePlay. Only wagers with Available funds shall increase the jackpot prizes.[K5]
In the event that the Company has reasonable suspicion that you have been taking unfair advantage of the Company’s welcome bonuses or have executed any other act in bad faith in relation to a bonus promotion offered on any of the Sites owned and/or operated by the Company, the Company shall have the right to block or terminate your accounts with the Company and in such circumstances, the Company shall be under no obligation to refund to you any funds that may be in your account.
If we have reasonable suspicion that an account or group of accounts are operating systematically – for example employing specific wagering techniques or wagering as a group, the Company shall have the right to block or terminate all accounts and in such circumstances, the Company shall be under no obligation to refund to you any funds that may be in your account.
Obligations of the Company
The Company has no obligation to check whether users are using the Services in accordance with the User Agreement, as updated from time to time.
Under no circumstances shall the Company be obligated to investigate or pursue any complaints made by a player against any other player using the Services or to take any other action in connection therewith, or take any action against a player for any reason, including without limitation for violating the terms of the User Agreement. The Company may, at its sole discretion, decide to take appropriate action against any person it suspects of engaging in any unlawful behaviour or otherwise violating the terms of the User Agreement, but is under no obligation to do so.
The Company has no obligation to maintain account names or passwords. If you misplace, forget or lose your account name or password because of anything other than the Company’s negligence, the Company shall not be liable.
The Company shall handle all personal information provided by you strictly in accordance with the Privacy Policy.
NO WARRANTY
THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS”. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICES OR THE SOFTWARE OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SOFTWARE LIES WITH YOU.
THE COMPANY MAKES NO WARRANTY THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES.
A MALFUNCTION VOIDS ALL PAYS. IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS OR MALFUNCTIONS, BUGS OR VIRUSES RELATING TO ACCOUNT SETTLEMENT OR OTHER ELEMENTS OF THE SERVICES OR RESULTING IN LOSS OF DATA OR WINNINGS OR BONUSES OR ANYTHING ANALAGOUS THERETO BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE, THE COMPANY SHALL IN NO WAY BE LIABLE TO YOU AND THE COMPANY SHALL VOID ALL GAMES IN QUESTION AND PAYMENTS (WHENEVER SUCH SYSTEMS OR COMMUNICATIONS ERRORS OR MALFUNCTIONS, BUGS OR VIRUSES ARE DISCOVERED) IN REALTION THERETO AND MAY TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS EXCEPT THAT THE COMPANY IS NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.
THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE.
Limitations of Liability
You agree that you are free to choose whether to use the Services and do so at your sole option, discretion and risk.
The Company shall not be liable to you or any third party in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your, or any third party’s, use of the Software or the Services, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).
The Company shall not be liable in contract, tort or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use, of any link contained on the Sites. The Company is not responsible for the content contained on any Internet site linked to from the Sites or via the Services.
You confirm that the Company shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Software or the Services.
Nothing in the User Agreement will operate so as to exclude any liability of the Company for death or personal injury that is caused by the Company’s negligence.
You agree that, in the event that the Software or Services fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person’s misuse of the Sites or its contents or any error or omission in content or any other factors beyond our control:
the Company will not be responsible for any loss, including loss of winnings, that may result; and
if any such errors result in an increase in winnings owed or paid to you, you shall not be entitled to the winnings falling within such increase. You shall immediately inform the Company of the error and shall repay any winnings credited to your account in error to the Company (as directed by the Company) or the Company may, at its discretion, deduct an amount equal to those winnings from your account or set off such amount against any money owed to you by the Company.
Breach of these terms and conditions
You agree to fully indemnify, defend and hold the Company, its white label partners and their respective companies and their respective officers, directors and employees harmless immediately on demand from and against all claims, demands liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result:
of any breach of the User Agreement by you;
violation by you of any law or the rights of any third party;
use by you of the Services or Software or use by any other person accessing the Services or Software using your user identification, whether or not with your authorization; or
acceptance of any winnings.
In addition to any other remedy available, if you breach any of these terms and conditions of the User Agreement or the Company has reasonable grounds for suspecting that you have breached the terms and conditions of the User Agreement, in addition to any other remedies available to the Company, your winnings may be forfeited at the discretion of the Company and the Company may retain any positive balance then existing in your account on account of any damages or other amounts owed by you to the Company pending investigation and/or the conclusion of any legal proceedings. Failure to comply with the User Agreement may also result in disqualification, account closure and/or legal action being taken against you.
Disputes
You accept and agree that the random number generator will determine the randomly generated events required in connection with the Services and where the result shown on the Software (as installed and operated by your hardware) conflicts with the result shown on our server, the result shown on our server shall in all circumstances take precedence. You understand and agree that (without prejudice to your other rights and remedies) the Company records shall be the final authority in determining the terms of your use of the Services and you shall have no right to dispute the Company’s decisions in regard to such matters.
No claims or disputes will be considered more than 7 business days after the date of the original transaction. You hereby undertake to raise such claims or disputes with the customer service department.
The Company’s support team will review your claim and provide you with its decision within 14 business days of you submitting your claim or dispute.
If you do not agree with the Company’s decision, you should contact our Support Manager to appeal the Company’s decision and provide the Company with all the relevant evidence in relation to your appeal promptly.
The Support Manager will re-review your claim or dispute and provide you with the Company’s final and binding decision within 14 business days.
Duration and Termination
The User Agreement shall come into force immediately upon your completion of the registration process with the Company and shall continue in force unless and until terminated in accordance with its terms.
We may terminate the User Agreement and your account (including your username and password) immediately without notice:
if for any reason we decide to discontinue to provide the Services in general or specifically to you;
if we believe that you have breached any of the terms of the User Agreement;
if your use of the Services has been in any way improper or breaches the spirit of the User Agreement; or
if your account is associated in any way with any existing account that has been terminated for breach of the User Agreement. If your account is associated with, or related to, existing blocked accounts, we may terminate your account, irrespective of the nature of this relationship, and the registration details provided on said accounts.
for any other reasonable grounds, we see fit.
Save for as otherwise provided herein, on termination of the User Agreement any balance in your account will be returned to you within a reasonable time of your request, subject always to our right to deduct any amounts owed by you to us.
You may terminate the User Agreement and your account (including your username and password) at any time by contacting the customer support, such termination to take effect upon the Company terminating your account (including username and password), which shall occur within 7 calendar days after receipt by the Company of your email on our servers, provided that you shall remain responsible for any activity on your account between sending us an email and the termination of your account by the Company.
On termination of the User Agreement you shall:
discontinue the use of the Software and the Services;
pay all amounts due and owing to the Company; and
remove and permanently delete the Software from your computer equipment and destroy all related documentation in your possession, custody, power or control.
The right to terminate the User Agreement given by this clause shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
Upon the termination of the User Agreement for any reason, except as otherwise provided in the User Agreement and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under the User Agreement.
In the event of our termination of the User Agreement on account of your breach of the Agreement, the Company will be under no obligation to refund to you any funds that may be in your account and you shall have no claims against the Company in such regard.
If you have chosen to self-exclude yourself from our platform, we will close all accounts identified as belonging to you, all in accordance with our Responsible Gaming Policy. However, if you choose a temporary “Take a Break” period, your account will be closed only at the requested In-House Brand or White Label Brand. It is your obligation to abide by this restriction for the duration of the set period.
If you have previously had any issue with gaming addiction, financial difficulty, or any other such issue accounted for under our “Responsible Gaming” procedure, it is your responsibility to refrain from opening new accounts whilst such issue is in place. For example, if you have previously been blocked for a gaming addiction with any brand operated by the Company, it is your obligation to refrain from opening new accounts in any of the brands operated by the Company. If you do so, we will close all accounts as soon as detected. We are not obligated to refund to you any deposits or funds from the account that you opened whilst such issue was in place.
General
If any part of the User Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the User Agreement and shall not affect the validity and enforceability of any of the remaining provisions of the User Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
No waiver by us of any terms of the User Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of the User Agreement.
Unless otherwise expressly stated, nothing in the User Agreement shall create or confer any rights or any other benefits to third parties.
Nothing in the User Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.
The User Agreement contains the entire agreement between the Company and you relating to your use of the Software and the Services and supersedes any and all prior agreement between the Company and you in relation to the same. You confirm that, in agreeing to accept the User Agreement, you have not relied on any representation save insofar as the same has expressly been made a representation by the Company in the User Agreement.
The Company reserves the right to transfer, assign, sublicense or pledge the User Agreement, in whole or in part, without your consent: (i) to any entity within the same corporate group as the Company, or (ii) in the event of a merger, sale of assets or other similar corporate transaction in which the Company may be involved in. You may not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under the User Agreement.
You may not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under the User Agreement.
Subject to applicable laws and regulation, the Company may outsource any or all of the Services it provides under the User Agreement to third parties.
In the User Agreement, “you” or “your” or “user” or “player” means any person who uses the Services or the Software under the User Agreement. Unless otherwise stated, “we”, “us” or “our” refers collectively to the Company and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
Nothing in the User Agreement shall be construed so as to grant you any security interest whatsoever over the assets of the Company, including for the avoidance of doubt on any amounts standing to the credit of your account.
Customer Service Department and Special Promotions
For service quality assurance calls made by you to the customer service department may be recorded.
You hereby expressly consent to the Company using the contact details provided by you on registration to occasionally contact you directly in relation to your use of the Services or any other products or services offered by the Company, its partners or affiliates from time to time.
The Company will not tolerate any abusive behaviour exhibited by users of the Service to the Company’s employees. In the event that the Company, in its sole discretion, deems that your behaviour, via telephone, live chat, email or otherwise, has been abusive or derogatory towards any of the Company’s employees, the Company shall have the right to block or terminate your account with the Company and in such circumstances, the Company shall be under no obligation to refund to you any funds that may be in your account.
The Company may, from time to time, offer you special promotions. These promotions may be notified to you by various means, including but not limited to (i) email, (ii) telephone, (iii) SMS and (iv) additional windows opening from within the Software.
We will provide you with an opt-out option in relation to various types of communications from the Company and should you choose to opt-out from communications the Company shall respect your wishes in such regard.
Exchange Rates
You hereby acknowledge and accept that jackpot and other promotional amounts may be displayed on the Site in one currency but actually paid to you in another currency. All currency conversions executed by the Company for the purposes of allowing you to deposit and cash-out money from your account shall be executed by the Company at an exchange rate comparable with daily commercial rates offered by banks and credit card companies.
Uninstall and Shortcut Additions
If you are using the download form of the Software and wish to have it uninstalled, you will be able to do so via the Add/Remove Programs on your computer. Please note that upon installation of the Software the following shortcuts shall be added to your computer’s desktop:
Quick launch shortcut
Desktop icon
Client link from the Start Menu
Brand folder with client and uninstall link from the Programs option on the Start Menu
Client link from the Games option on the Start Menu
If you choose to uninstall the Software certain registration keys will remain on your computer in order to maintain responsible gaming rules and monitor fraud attempts.
Our system requires certain minimum hardware requirements and we may discontinue support for outdated versions of the hardware or software at our sole discretion.
Refund and Cancellation Policy
User can withdraw fund according to the withdrawal policy. Once users deposit and use their balance, there is no refund or cancellation of transactions.
Language Discrepancies
The User Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of the User Agreement and the English language version, the meaning of the English language version shall prevail.
Provisions Relating to Specific Game
Jackpot Winnings
You hereby agree that in the event of your winning a jackpot of 10,000 USD or more (or the equivalent in any other currency) in relation to any games with jackpot feature you will grant to the Company an irrevocable, exclusive and perpetual worldwide right and license, to use your name, photograph and likeness in any media, in connection with the marketing and promotion of the Company and the Site and you will fully cooperate with the Company’s representatives in such regard.
The Company reserves the right, for a reasonable period of time, to review your jackpot win to ensure its validity.
Jackpot prizes may be awarded to the winners in up to 24 monthly instalments if so decided by the Company at its sole discretion.
Poker
You hereby acknowledge that all bets placed by you in relation to multi-player poker games are bets placed with other users and not bets placed with or against the Company. The Company does not assume any risk whatsoever for bets placed between you and any other user of the Service. The Company does not under any circumstances either place or accept bets itself.
You understand and agree that all of our multi-player poker games are public and therefore may be reviewed and published by other players, either at the time of the game or thereafter.
We provide multi-player poker games so as to provide a platform for users to play poker and to bet with each other using the Software. In consideration of this service we charge either:
a commission (known as a rake) which is calculated in accordance with the Site Rules; or
a percentage of the “buy-in” fee for tournaments.
Collusion: Collusion occurs when two or more players attempt to gain an unfair advantage which includes but is not limited to sharing knowledge of their cards or other information, and unless stated otherwise by the Company, by agreeing to split a prize-pool. Any player who colludes or attempts to collude with any other player while using the Service may be permanently banned from using the Service or the Software or any other related services of the Company, their account may be terminated immediately and the Company shall be entitled to retain all monies in such player’s account. We have developed and employ sophisticated proprietary technology intended to seek out and identify players acting in collusion. If the Company is informed about suspected collusive behaviour, it may, in its sole discretion, terminate suspected players’ access to the Service and/or block their accounts and withhold all available funds from within the accounts. No player shall have the right to require the Company to take any other steps against players suspected of collusion, cheating or any other form of fraud.
If you suspect that any player is colluding with another or cheating, you can contact us immediately at customer support.
Chip-Dumping: Chip-dumping occurs when any player deliberately loses a hand in order to deliberately transfer his chips to another player. Any player who is involved in an act of chip-dumping or attempted chip-dumping while using the Service may be permanently banned from using the Service or the Software or any other related services of the Company and such player’s account may be terminated immediately. If the Company is informed about suspected Chip-Dumping, it may, in its sole discretion, terminate suspected players’ access to the Service and/or block their accounts and all monies in such player’s account. In such circumstances the Company will be under no obligation to refund to the relevant player any funds that may be in the account at such time.
If we reasonably suspect that an account or group of accounts are operating systematically in order to gain an advantage over another player or to commit any act in bad faith in relation to the other players or the Company – for example employing specific techniques to disadvantage other players or playing as a group, the Company shall have the right to block or terminate all such accounts and in such circumstances, the Company shall be under no obligation to refund to you any funds that may be in your account.
Seating Aids: Without derogating from the prohibited use of Software Aids, you are not allowed to use any software program or external aid which, in our opinion, enables you to find a seat at a poker table or automatically seats you at a poker table (“Seating Aid”). We constantly review the use of the Services in order to detect the use of Seating Aids and in the event that we deem it has been used we reserve the right to take any action we see fit, including immediately blocking access to the Services to the offending user, terminating such user’s account and seizing all monies held in such account.
Abuse of the “Sit Out” Feature: The “Sit Out” feature is only intended for taking short breaks between extended periods of play. It is not intended for use while no play is taking place at the table, or for waiting on players to join or leave the table. We reserve the right, at our discretion, to take action against players “sitting out” for excessive periods of time. Players who repeatedly abuse the “Sit Out” feature may be restricted from participating in our poker games either temporarily or indefinitely.
Payment Disputes: Each user of the Service is fully responsible for paying any and all monies owed by it to other users of the Service and/or the Company. Any claim which a user of the Service may have for payment of winnings to it in respect of losing bets placed by another user of the Service are against that other user and not the Company. The Company is in no way responsible to pay you if any user of the Service fails to pay his debts for whatever reason, or for taking any action whatsoever against such users. All disputes that arise between users of the Service, including those relating to payment fraud, are not the responsibility of the Company
If your account is associated with poker fraud in any way – for example through Chip Dumping, Collusion, or the receipt of fraudulent Money Transfers – your account may be terminated, and we will be under no obligation to refund to you the funds from your account. This is irrespective of whether your account can be proven as intentionally receiving funds from a fraudulent user.
In the event of a poker fraud investigation we are under no obligation to accept any explanation provided for the receipt or use of fraudulent funds. If such an investigation is resolved, and your account is reopened, we may choose to remove the amount of fraudulent funds from your bankroll.
Money Transfers: If you choose to send a money transfer to any account, once the amount and the recipient username has been confirmed, such transfer is irreversible, and we will not be responsible for any loss of funds caused by the member transferring monies to the wrong account. However, the Company at its sole discretion reserves the right to reverse any money transfer which it suspects of being fraudulent or connected with any illegal activity.
If your account receives funds via money transfer from accounts that have security issues, we reserve the right to block your account and withhold any funds, until such security issues are resolved on all accounts – including those that you received money transfers from. No player shall have the right to require the Company to take any steps against players suspected of collusion, cheating or any other form of fraud. The Company will not provide information with regards to investigations or any subsequent outcome. You are fully aware that there is a risk of losing money when gambling by means of the Services and you are fully responsible for any such loss. You agree that your use of the Services is at your sole option, discretion and risk. Other than as stated herein, in relation to your losses you shall have no claims whatsoever against the Company and any of its affiliated entities or any white label partner or their respective directors, officers or employees.
Bonuses: If we reasonably suspect that a member is abusing any of our deposit related bonuses in any way, we may choose to terminate the account, and any related accounts across our Services, and withhold any funds from such accounts. A suspicion of abuse may be based on the repeated patterns of deposit/cash out/redeposit purely intended to gain the deposit related bonus.
If we reasonably suspect that the member is abusing our free sites and free games offers, we may choose to terminate the account, and any related accounts across our Services, and withhold any funds from such accounts. If we reasonably suspect that the member is abusing the spirit of the free games sites – for example, by playing repeatedly only with free games, or by purchasing all the tickets for a free game, we may choose to close the account, and any related accounts across our Services, and withhold any funds from such accounts.
If we have reason to suspect that an account or group of accounts are operating systematically – for example employing specific wagering techniques or wagering as a group, the Company shall have the right to block or terminate all accounts and in such circumstances, the Company shall be under no obligation to refund to you any funds that may be in your account
