Terms Of service
IMPORTANT - READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT, THEN PRINT AND STORE ALONG WITH ALL TRANSACTION DATA, GAME RULES AND PAYMENT METHODS RELEVANT TO YOUR USE OF THE SITE.
These terms and conditions constitute a legally binding agreement ("Agreement") between (a) you, the end user, and (b) www.PokerTempo.com, (Henceforth referred to as “PokerTempo.com”), and each of its officers, directors, agents, employees, consultants, suppliers, skins, vendors and affiliates (collectively "Company/we/us/our").
Applicability of Terms and Conditions
By clicking on the "Accept" or "Continue" button, you represent and warrant that you fully understand and agree to comply with all of the following terms and conditions (including all posted guidelines or rules applicable to our service which guidelines and rules are hereby incorporated into this Agreement), and that failure, to abide by these terms and conditions, may result in disqualification, account closure, forfeiture of funds and/or legal action against you. If you have any questions as to these terms and conditions, we encourage you to seek independent counsel prior to clicking on the "Accept" or "Continue" button. The Poker Room reserves the right to withhold, amend, or withdraw ALL Terms and Conditions / Promotions without notice.
The following words and terms, when used with this agreement, shall have the following meanings, unless the context clearly indicates otherwise.
1.1Poker Room- the poker room and/or any other poker gaming activities offered by us on our Website and on our downloadable version
1.2Player Account - One personal single account pertaining to one domestic household address, opened by an individual and maintained with us to enable that person to play games on our Poker Room. In case of multiple players staying at the same household address, only one account is allowed per individual in said household address and is subject to verification checks by PokerTempo by means of PAN card, government ID proof etc.
1.3Software– the software licensed to Us including any program or data file or any other content derived there from, that requires to be downloaded, accessed or otherwise utilized by you from the Website enabling you to participate in the Poker Room and any other games available for your use;
1.4Username and Password- the username and password which you choose on registration with the Poker Room;
1.5You- the user of the Poker Software downloaded from the Website.
Website– website means and any related websites accessible via links or any other access way through www.PokerTempo.com;
You understand that the Terms will be binding on you. You agree that Services offered on the Website can be accessed only in accordance with the Terms and you shall be responsible to comply with the Terms at all times. You are responsible to be aware of and agree to abide by the Terms as published and periodically amended or modified by www.PokerTempo.com.
If any of the Terms are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi - judicial body in India, it will not affect the validity and enforceability of the remaining Terms.
Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by you shall not be construed as a waiver of our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.
If a promotion, game, event, competition or tournament is organized by us on the Website, it shall be governed by the Terms and any supplementary terms and conditions which may be specifically applied for that promotion, game, event, competition or tournament.
SUBJECT MATTER OF AGREEMENT
This agreement covers the arrangements between You and Us in relation to your use of the Poker Room either for playing play-for-real or play-for-fun Poker and other games. The rules of the games are placed in the House Rules as well as other sections of the Software and the Website, including but not limited to, rules describing how to play, tournaments, and any other rules governing particular game, event, tournament, and all such rules are incorporated and included under the terms and conditions set out herein.
LICENCE TO USE SOFTWARE
We hereby grant to you a personal non-exclusive, non-transferrable right to use the Software, for playing in the Poker Room, in accordance with the following provisions.
4.1 You are not permitted to:
4.1.1 Install or load the Software onto a server of other networked device or take other steps to make the Software available via any form of "bulletin board", online service or remote dial-in, or network to any other person;
4.1.2 Sub-license, assign, rent, lease, loan, transfer or copy, your license to use the Software or make or distribute copies of the Software;
4.1.3 Translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the Software;
4.1.4 Copy or translate any user documentation provided 'online' or in electronic format;
4.1.5 Reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of the Software or to create derivative works based on the whole or on any part of the Software;
4.1.6 Enter access or attempt to enter or access or otherwise bypass the security system or interfere in any way (including but not limited to, robots and similar devices) with the Poker Room or the Website or attempt to make any changes to the Software and/or any features or components thereof.
4.1.7 Create more than one account per household and/or computer. (Note - In case of multiple players staying at the same household address, only one account is allowed per individual in said household address and is subject to verification checks by PokerTempo by means of PAN card, government ID proof etc.)
4.2 You do not own the Software
The Software is owned and is the exclusive property of the licensor, a third party software provider company, (the "Software Provider"). The Software and accompanying documentation which is owned by Us are Our proprietary products and are protected throughout the world by intellectual property law. Your use of the Software does not give you ownership of any intellectual property rights in the Software. This agreement applies only to the grant of the licence to use the Software.
4.3THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. WE HEREBY EXCLUDE ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE). WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.
4.4WE DO NOT WARRANT THAT THE SOFTWARE WILL BE NON-INFRINGING OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVERS ARE VIRUS-FREE. IN THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OCCURING IN CONNECTION WITH THE SETTELMENT OF ACCOUNTS OR OTHER FEATURES OR COMPONENTS OF THE SOFTWARE NIETHER US WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING RESULTING FROM SUCH ERRORS. WE FURTHER RESERVE THE RIGHT IN THE EVENT OF SUCH ERRORS TO REMOVE ALL RELEVANT GAMES FROM THE SOFTWARE AND THE WEBSITE AND TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS.
4.5You hereby acknowledge that it is not in our control how the Software is used by you. You load and use the Software at your own risk and in no event shall We be liable to you for any direct, consequential, incidental or special damage or loss of any kind
4.6The Software may include confidential information which is secret and valuable to Us. You are not entitled to use or disclose that confidential information other than strictly in accordance with the terms of this agreement.
You may only use the Services to play Real/Play Money Games (as defined below) if you are 18 years of age or over. Access to our Services or any part thereof may be restricted by Us from time to time in our sole discretion. You confirm that you are not accessing the Services to play Real/Play Money Games from Telangana, Assam and Orissa.
6.1 All tournaments, promotional games, Play Money games and Real Money Games organized on the Website are collectively referred as "Games". The rules applicable to each type of Game are provided under Poker Rules in the Help section on the Website.
6.2 PokerTempo.com charges Rake for Real Money Games, which may vary depending on the nature of the Real Money Games and are subject to change from time to time.
RULES AND PROCEDURES OF THE GAMES
The Games will be played pursuant to generally accepted poker rules and procedures as specifically set out in the Featured Games Section of the website, as well as the Software, including but not limited to How to play, table stakes, tournaments, and disconnection and All-in Policy, and any other page that governs any particular event, game or tournament, all of which are specifically incorporated herein by way of reference.
8.1 Any information provided by you to us, whether at the stage of registration or anytime subsequently, should be complete and truthful.
8.2 Prior to depositing to your user account or participating in Real Money Games, you shall be responsible to satisfy yourself about the legality of playing Real Money Games in the jurisdiction from where you are accessing Real Money Games. If you are not legally competent to individually enter into Indian Rupee transactions through banking channels in India and/or are not accessing the Website from a permitted jurisdiction, you are prohibited from participating in Real Money Games on www.PokerTempo.com. 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 prize that you might win in such Real Money Games.
8.3 You represent that you are 18 years of age or older to participate in any Real Money Games and are also otherwise competent to enter into transactions with other users and PokerTempo.com. You agree that you are aware that participation in the games of skill organized by us ("Activity") for playing Real Money Games may result in financial loss to you. With full knowledge of the facts and circumstances surrounding this Activity, you are voluntarily participating in the Activity and assume all responsibility for and risk resulting from your participation, including all risk of financial loss. You agree to indemnify and hold PokerTempo.com, its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with your participation in the Activity.
8.4 You represent that you have the experience and the requisite skills required to participate in the Activity and that you are not aware of any physical or mental condition that would impair your capability to fully participate in the Activity. You further acknowledge that you are solely responsible for any consequences resulting from your participation and / or association with this Activity or around this Activity, regardless if occurring before, during or after the period of the Activity. You understand that PokerTempo.com assumes no liability or responsibility for any financial loss that you may sustain as a result of participation in the Activity.
8.5 You understand and accept that your participation in Games available on the Website does not create any obligation on Us to give you a prize. Your winning a prize is entirely dependent on your skill as a player vis-à-vis other players in the game and subject to the rules of the game.
8.6 You understand and agree that you are solely responsible for all content posted, transmitted, uploaded or otherwise made available on the Website by you. All content posted by you must be legally owned by or licensed to you. By publishing any content on the Website, 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 PokerTempo.com has the right to use in any manner whatsoever, all communication or feedback provided by you.
8.7 You understand and accept that PokerTempo.com reserves the right to record any and all user content produced by way of but not limited to chat messages on the Website through the Poker Circle feature, through the in-game chat facility or other interactive features which are offered as part of the Services.
8.8 You understand that the funds in your user account held by PokerTempo.com do not carry any interest or return.
8.9 You shall not hold PokerTempo.com responsible for not being able to play 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 or you may be in suspected or established violation of any of the Terms.
8.10 You understand and accept that by viewing or using the Website or availing of any Services, or using communication features on the Website, 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 on this regard shall be final and binding on you.
USER ACCOUNT CREATION & OPERATION:
9.1 To use our Services, you will need to register with us on the Website.
9.2 By completing the online registration process on the Website, you confirm your acceptance of the Terms.
9.3 During the registration process, you will be required to choose a login name and a password in addition to providing some other information which may not be mandatory. Additionally, you may be required to give further personal information for your user account verification and/or for depositing to your user account. You must give us the correct 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.
9.4 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 registration on the Website.
9.5 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.
9.6 You understand that it is your responsibility to protect the information you provide on the Website including but not limited to your Username, Password, Email address, Contact Details and Mobile number. PokerTempo.com 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 Website or elsewhere. You undertake that you will not allow / login and then allow, any other person to play 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 Website being exposed or misused by any other person.
9.7 You agree to use your PokerTempo.com user account solely for the purpose of playing on the Website and for transactions which you may have to carry out in connection with availing the Services on the Website. 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, bonus or balance in the user account.
9.8 You also understand and agree that deposits in your user account maintained with us are purely for the purpose of participation in Real Money Games made available on the Website.
9.9 You understand and agree that you cannot transfer any sum from your user account with us to the account of another registered user on the Website except as may be permitted by PokerTempo.com and subject to restrictions and conditions as may be prescribed.
9.10 We are legally obliged to deduct tax at source (TDS) on winnings of more than Rs. 10,000/- in a tournament, a Pool Poker game, or a Rummy game, as the case may be. In these cases, you will be required to furnish your Permanent Account Number (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.
9.11 TDS shall be deducted as per applicable Income Tax provision
9.12 We reserve the right to verify your PAN from time to time and to cancel any prize should your PAN be found inconsistent in our verification process.
9.13 STORE FACILITIES AND RULES
9.13.1 To avail the facilities provided by the Website through its Store you shall be required to make a deposit on your account with the Website.
9.13.2 You can redeem the frequent player points (FPPs) earned by you during your plays on the Website to make your purchases in the Store.
9.13.3 The guidelines with respect to how you can earn the FPPs are provided on the Website.
9.13.4 You shall not use the points/ money earned in freerolls to make your purchases in the Store.
9.13.5 The rates of FPP shall be solely at the discretion of the Website and the Website may according to its policies amend the rates at any time.
9.13.6 The items available in the Store may be discontinued or new items may be added to the list according to the availability of such items or the policies of the Website.
9.13.7 The pricing of items is at the discretion of the Website and the Website may as and when required make changes to the same.
9.13.8 The design, colour and appearance of the product may differ from the images shown on the website as we keep updating and upgrading the products we offer according to popular demand and the guidance of our experts.
USER ACCOUNT VALIDATION AND PERSONAL INFORMATION VERIFICATION:
10.1 PokerTempo.com may from time to time attempt to validate its player’s user accounts. These attempts may be made via email. In the event that we are not able to get in touch with you the first time around, we will make additional attempts to establish contact with you. If the email provided by you is not correct, we bear no responsibility for the Services being interrupted due to our being unable to establish contact with you.
10.2 If we are unable to reach you or if the validation is unsuccessful, we reserve the right to disallow you from logging into the Website or reduce your play limits and/or Deposit limits until we are able to satisfactorily validate your user account. We will in such events 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.
10.3 Upon receipt of suitable documents, we will try our best to enable your user account at the earliest. However, it may take a few business days to reinstate your user account.
10.4 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 permanently suspend your user account and refund the amount, if any, in your user account to the financial instrument through which the payment was made to your user account or by cheque to the address provided by you. In the event the address provided by you is incorrect, PokerTempo.com will not make any additional attempts for delivery of the cheque unless a correct address is provided by you and charges for redelivery as prescribed by PokerTempo.com are paid by you.
11.1 We only allow access to playing games on the Poker Room through secured networks using encryption of the user name and password. You cannot play games on the Poker Room without passing our customer security login.
11.2 You may not use the Poker Room for any commercial use or on behalf of another person. Any use of the Poker Room by you is for own private purposes only.
11.3 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 Player 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.
11.4 You will not allow any third party to use your Player Account to use the Poker Room and you will not use any other person's Player Account or means of payment to access the Poker Room or the Website or the Software.
11.5 It is your responsibility to ensure that you understand the rules and procedures of the games in the Poker Room and your use of online gaming in general before you play any such games.
11.6 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 application and our servers, thus securing the Player 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 Software, we will be entitled to terminate with immediate effect your access to the Poker Room and/or have your account blocked, and we reserve the right to inform the applicable authorities.
11.7 COLLUSION PREVENTION
Collusion means a situation where two or more players attempt to earn an unfair advantage by sharing knowledge of their cards or other information at a poker table. Any player who attempts to or colludes with any other player while using the Poker Room will be prohibited from ever using the Poker Room or the Website or the Software or any of our other related services and their player account will be terminated effective immediately. We will do our best to investigate complaints received against players suspected of collusion. If we will suspect of a collusive behavior during a game, we may, in our sole discretion, terminate the suspected players' access to the Poker Room and/or block their accounts. We will not be liable under any circumstances whatsoever for any loss you or any other player 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 of collusion, fraudulent or fraud.
12.1Anti-Cheating and Anti-Collusion
12.1.1 You undertake that you yourself will play in all Games in which you have registered/joined and not use any form of external assistance to play. You shall not add unauthorized components, create or use cheats, exploits, bots, hacks or any other third-party software designed to modify the Website or use any third-party software that intercepts, mines or otherwise collects information from or through the Website or through any Services. Any attempt to employ any such external assistance is strictly prohibited.
12.1.2 Formation of teams and collusion between you and any other user(s) for participating in Games organized on the Website or any other form of cheating is strictly prohibited.
12.2Money Laundering: You are prohibited from doing any activity on the Website that may be construed as money laundering, including, without limitation, attempting to withdraw Real Money from unutilized Real Money added through credit cards or deliberately losing money to a certain player(s).
12.3Anti-SPAMMING:Sending SPAM emails or any other form of unsolicited communication for obtaining registrations on the Website to benefit from any promotional program of PokerTempo.com or for any other purpose is strictly prohibited.
12.4Multiple IDs: Your registration on the Website is restricted to a single user account which will be used by you to avail of the Services provided on the Website. You are prohibited from creating or using multiple user IDs for registering on the Website.
12.5 You may not create a login name or password or upload, distribute, transmit, publish or post content through or on the Website or through any service or facility including any messaging facility provided by the Website which :
12.5.1 is libelous, defamatory, obscene, intimidating, invasive of privacy, abusive, illegal, harassing;
12.5.2 contains expressions of hatred, hurting religious sentiments, racial discrimination or pornography;
12.5.3 is otherwise objectionable or undesirable (whether or not unlawful);
12.5.4 would constitute incitement to commit a criminal offence;
12.5.5 violates the rights of any person;
12.5.6 is aimed at soliciting donations or other form of help;
12.5.7 violates the intellectual property of any person and / or any legally formed entity;
12.5.8 disparage in any manner PokerTempo.com or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or websites;
12.5.9 promotes a competing service or product; or
12.5.10 Violates any applicable laws.
12.6 In the event we determine that the screen name created by you is indecent, objectionable, offensive or otherwise undesirable, we shall notify you of the same and you shall promptly provide us with an alternate login name so that we can change your existing login name to the new name provided by you. If you fail to provide an alternate name, we reserve the right to either permanently suspend your user account or restore your user account only after a different acceptable login name has been provided by you.
12.7 You shall not host, or intercept, emulate or redirect proprietary communication protocols, if any, used by the Website regardless of the method used, including protocol emulation, reverse engineering, modify the Website or any files that are part of the Website.
12.8 You shall not frame the Website. You may not impose editorial comments, commercial material or any information on the Website, alter or modify Content on the Website, or remove, obliterate or obstruct any proprietary notices or labels.
12.9 You shall not use Services on the Website for commercial purposes including but not limited to use in a cyber cafe as a computer gaming center, network play over the Internet or through gaming networks or connection to an unauthorized server that copies the gaming experience on the Website.
12.10 You shall not upload, distribute or publish through the Website, 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 PokerTempo.com. You shall not disseminate or upload viruses, programs, or software whether it is harmful to the Website 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.
12.11 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, or any other attributes appearing in, originating from or associated with the Website.
12.12 Any form of fraudulent activity including, attempting to use or using any other person’s credit card(s), debit cards, net-banking usernames, passwords, authorization codes, prepaid Real Money cards, mobile phones for depositing to your user account is strictly prohibited.
12.13 Accessing or attempting to access the Services through someone else’s user account is strictly prohibited.
12.14 Winnings, bonuses and prizes are unique to the player and are non-transferable. In the event you attempt to transfer any winnings, bonuses or prizes, these will be forfeited.
12.15 If you are an officer, director, employee, consultant or agent of PokerTempo.com or a relative of such persons ("Associated Person"), you are not permitted to play either directly or indirectly, any Real Money Games on the Website, other than in the course of your engagement with PokerTempo.com. For these purposes, the term 'relative' shall include spouse and financially dependent parents and, children.
12.16 You shall not post any material or comment, on any media available for public access, which in our sole discretion, is defamatory or detrimental to our business interests, notwithstanding the fact that such media is not owned or controlled by us. 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.
13.1 We make no representation or warranty with respect to the legality or otherwise of the accessing and use of the Poker Room in your country of residence and it is solely your responsibility to determine whether such accessing and use of the Poker Room by you is legal. We further warrant in that respect that the access to the Poker Room is not intended to enable you to contravene any applicable law.
13.2 You shall not transfer your rights under this agreement in any way whatsoever without Our prior written consent. Such consent may be granted on your written request to PokerTempo.com.
13.3 You are fully responsible for all taxes, fees and other costs incidental to and arising from winnings resulting from use of the Poker Room.
13.4 It is your responsibility to inform us of any changes to your registration details.
13.5 You shall provide Us with all information requested by us and necessary for the operation of the Player 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 within a reasonable time of response.
You agree that we or a payment processing company on our behalf will handle all financial account transactions ("Payment Processor"). You hereby agree that the Payment Processor reserves the right to withhold any payments should 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.
14.1 You agree to fully pay any and all payments due to us or any third party in connection with your use of the Poker Room. You further agree not to make any charge-backs and/or renounce or cancel or otherwise reverse any of your due payments and in any such event you will refund and compensate us for such unpaid payments including any expenses incurred by us in the process of collecting your payment
14.2 You are aware that all Real Money bonus credits issued to players are intended for poker games only in accordance to the bonus terms. We reserve the right to withhold any amount in excess of the player's original deposit if the Real Money bonus.
14.3 Please note that we will attempt to accommodate your request regarding the payment method and currency of payment of your withdrawal. However, we cannot guarantee this and therefore we reserve the right to process and pay withdrawals via any payment method chosen by us; including (but not limited to) different payment providers, a bank draft or wire transfer. In addition, we reserve the right to pay the withdrawals in any currency at our discretion.
14.4 You accept that you are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and internet access services that you need to use in order to access the Poker Room. 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 to the Poker Room or to the Website.
14.5 You acknowledge that our random number generator will determine the outcome of the games played on the Poker Room 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 Software and the game server, the result that appears on the game server 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 Poker Room games and related gaming activity.
14.6 You will not commit any acts or display any conduct that damages our reputation or our software provider or any other related service providers.
14.7 You acknowledge that if your Player Account is opened you will fully indemnify us and hold us harmless from and against all and any losses, costs, expenses, claims, demands, liabilities and damages however caused that may arise as a result of your
14.8 Entry, use, or reuse of the Website or the Poker Room;
14.9 Breach of any of the terms and provisions of this agreement. You further agree to fully indemnify, defend and hold us and our officers, directors, employees, agents, contractors and suppliers harmless, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach of this Agreement by you, and any other liabilities arising out of your use of the Poker Room or the Software.
14.10 We reserve the right to change this agreement from time to time as set out in clause 9 below. It is your responsibility to check from time to time and see whether there is a notification of change in accordance with clause 9 below.
14.11 We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
PAYMENTS AND PLAYER FUNDS
15.1 All transactions on the Website shall be in Indian Rupees.
15.2 Once you register on our Website, we maintain a user account for you to keep a record of all your transactions with us. Payments connected with participation with Real Money Games have to be made through your PokerTempo.com user account. All real money prizes won by you are credited by us into this user account.
15.3 When making a payment, please ensure that the instrument used to make the payment is your own and is used to Deposit into your user account only.
15.4 Subject to the Deposit limits specified by us from time to time, you are free to deposit as much money as you want in your user account for the purpose of participating in Real Money Games on the Website.
15.5 PokerTempo.com wants you to play responsibly on the Website. The ability to Deposit in your user account shall be subject to monthly Deposit limits which we can be set by us with undertakings, indemnity, waiver and verification conditions as we deem appropriate in our sole discretion.
15.6 Credit card, Debit card, prepaid Real Money cards and internet banking payments are processed through third party payment gateways. Similarly, other payment 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. If there are any issues in connection with depositing, a complaint may be sent to us following the complaints procedure provided in "Contact Us" section below. You agree that in such an event of your credit being delayed or eventually declined for reasons beyond our control, we will not be held liable in any manner whatsoever. Once a payment/transaction is authorized, the funds are credited to your user account and are available for you to play Real Money Games.
15.7 Payments by other modes such as Real Money on Delivery ("COD") cards will be authorized upon verification of the unique code in such instrument.
15.8 We have the right to cancel a transaction at any point of time solely according to our discretion in which case if the payment is successful, then the transaction will be reversed and the money credited back to your payment instrument.
15.9 Player funds are held in trust by us in specified bank accounts. PokerTempo.com keeps all players’ funds unencumbered 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. Even in the highly unlikely event of an insolvency proceeding, you claims on the deposits will be given preference over all other claims to the extent permissible by law.
16.1 We may withdraw your winnings by means of either an account payee cheque or an electronic bank to bank transfer for the amount of winnings.
16.2 You agree that all withdrawals you make are governed by the following conditions:
16.2.1 You can choose to withdraw money from your user account at any time, subject to bonus/prize money withdrawal restrictions, by notifying us of your withdrawal request.
16.2.2 All withdrawal requests require a completed player profile and a scan copy of the player's PAN card must be submitted in order to process any cashouts. Other identification proof such as address proof may also be submitted as per the requirement of Accounts/Support team.
16.2.3 Once notified, post verification of the withdrawal request, we may disburse the specified amount by cheque or electronic transfer based on the mode of withdrawal selected by you. We shall make our best efforts to honor your choice on the mode of withdrawal, but reserve the right to always disburse the specified amount to you by any payment method at our sole discretion. We also reserve the right to disburse the amount on the financial instrument used to Deposit to your user account.
16.2.4 Withdrawals attract processing charges as per the prevalent policy.
16.2.5 If a cheque is not encashed within 30 days of dispatch, we will deem the cheque to have been lost and reserve the right to cancel the cheque with necessary instructions to our bank to stop payment of that cheque. This may result in dishonor of that cheque in which case we shall not be liable for the cheque amount to you. Any request for reissuing the cheque will result in deduction of applicable processing charges from the amount of the cheque on reissuance.
16.2.6 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.
16.2.7 To be eligible to win a prize, you must be a resident of India and accessing the Services of PokerTempo.com on from India and only from the locations where Real Money Games are not prohibited by us.
16.3 If you are a prize winner resident in India and physically present in India while accessing the services of PokerTempo.com 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, the address is within India.
16.4 In case you are making a withdrawal without playing adequate number of hands on real cash tables and fail to accumulate comp points equivalent to 7% in rake of the requested withdrawal amount, then a transaction fee of 4% of the deposits 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 player between the time of last Deposit or Last Withdrawal (whichever is later) and the time of current withdrawal request. PokerTempo also reserves the right to waive off this transaction fees on specific request from the user on a case to case basis.
17.1 You may face Service disruptions, including, but not limited to disconnection or communication interferences due to issues in the internet infrastructure used for providing or accessing the Services or due to issues with the hardware and software used by you. You understand that PokerTempo.com has no control over these factors. PokerTempo.com shall not be responsible for any interruption in Services and you take full responsibility for any risk of loss due to Service interruptions for any such reason.
17.2 You understand, acknowledge and agree to the fact that if you are unable to play in any Real Money Games due to any error or omission attributable to PokerTempo.com, including technical or other glitches at our end, your remedy is limited either to:
17.2.1 A refund of the amount of entry fee which you would have actually paid for participation in that Real Money Games; or
17.2.2 A refund of amount lost in that Real Money Games.
You agree that under no circumstances shall you compel PokerTempo.com or hold PokerTempo.com liable to pay you any amount over and above the service charges for any of the aforementioned errors/omissions of PokerTempo.com.
All content and material on the Website 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 "Content"), whether or not belonging to PokerTempo.com, 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 Content and PokerTempo.com is free to use this material in any manner whatsoever.
19.1 Real Money bonuses may be subject to withdrawal restrictions. All bonus plans shall be governed by the additional terms and conditions applicable to that bonus plan which will apply in addition to the Terms.
19.2 The details of various promotions organized on the Website can be found in the Promotions section on the Website. Eligibility and applicable conditions for the ongoing promotional programs are provided in the Promotions section, which form a part of the Terms. The Spartan Poker may from time to time contact you via email or mobile sms or both in order to communicate information about ongoing/future promotions and/or any other pertinent information.
19.3 Games offered under the Promotions section may be cancelled or discontinued by PokerTempo.com at any time without notice without any liability on PokerTempo.com whatsoever, except refund of entry fee, if applicable.
19.4 Promotion chips(Bonus money) given to player would be permanently reversed if a player account is inactive for more than 60 days.
Complimentary or bonus amounts credited by the Company, if any, into your 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 on the Standard Promotional Offer Terms and Conditions are by way of reference specifically incorporated herein. Further, 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. 60 days from last date of activity. The Management reserves the right to end any promotional offer at any time, without providing notice, reason or justification. It also reserves the right to deny a bonus, or a series of bonuses, or a bonus program, to any Player or any group of Players, at any time, without providing notice, reason or justification. Furthermore, a player 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 players account. Promotional OR Bonus money is subject to certain restrictions and will not be immediately available for withdrawal until the terms and conditions of the promotional money are fully met. 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 management). This limitation applies across all affiliations, subsidiaries and partnerships of the company. If an affiliated gaming site is running the same promotion, an individual person cannot receive the same promotion from both sites. In Real Money bonus promotions the amount paid, as well as the subsequently credited bonus, is to be placed or played on one or more bets or games within two months at least once or several times, before a payout can be transacted (Marketing promotion may require an Account Holder to play with his/her bonus money for a certain number of times before such Account Holder becomes eligible to withdraw any winnings that are won as a result of using free money or bonus.). Management reserves the right to selectively offer promotions, bonuses and special invitations to a subset of players. Management is not obligated to disclose the criteria by which players are selected for such offers, nor extend the offer to any player outside the chosen subset.
Any Real Money which are credited to your Account, or paid to you as a result of an Error shall be deemed to be held by YOU on trust for us and shall be immediately repaid to us when a demand for payment is made by us to You. Where such circumstances exist, If You have Real Money in Your Account we may reclaim these Real Money from Your Account pursuant to paragraph 7.4. We agree that we shall use all reasonable endeavors to detect any Errors and inform You of them as soon as reasonably practicable. We reserve the right to correct any Error made on a bet placed and re-settle the same at the correct terms which were available or should have been available through the Operator (absent the publishing error) at the time that the bet was placed and the bet will be deemed to have taken place on the terms which were usual for that bet.
Additional Terms and Conditions may exist for specific bonuses. These will be displayed on the website, the publication where the bonus was advertised, and/ or/are available on The Company. It is the player's responsibility to familiarize themselves with any additional Terms and Conditions for individual promotions.
LOYALTY AND REWARDS PROGRAM
21.1 Details of the loyalty and rewards program of PokerTempo.com are provided in the Loyalty and Rewards Program section on the Website.
21.2 Loyalty and Rewards Program may be altered or discontinued by PokerTempo.com at any time without notice and without any liability on PokerTempo.com whatsoever.
21.3 Loyalty programs do 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.
LICENSE AGREEMENT & INTELLECTUAL PROPERTY:
22.1 All Content on the Website shall be utilized only for the purpose of availing Services and in conformity with the Terms.
22.2 You acknowledge that all ownership rights and all copyright and other intellectual property rights in the Content are owned by PokerTempo.com or our licensors and that you have no right title or other interest in any such items except as expressly stated in the Terms.
22.3 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.
22.4 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 Content included in such license.
22.5 You may not transfer, copy, reproduce, distribute, exploit, reverse engineer, disassemble, translate, decode, alter, make derivations from or make any other use of Content on the Websites in any manner other than as permitted for obtaining the Services provided on www.PokerTempo.com.
22.6 You may not hyperlink the Website to any other website without permission from us.
22.7 You may access information on, and download and print extracts from the Websites 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.
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