Fortuity Gaming Solutions Pvt. Ltd., (“Company/ Us/ We”) owns and operates the website http://pokernation.com/ (the "Website") and the application named PokerNation which can be played on mobile phones, tablets or any other device known today or in the future (the “Application”). The Website and Application are collectively referred to as “Platform”.
1.1 “Applicable Law” means all applicable laws, bye-laws, rules, regulations, circulars, notifications, ordinances, protocols, codes, guidelines, policies, notices, directions, orders, decrees or judgments of courts or other requirements of any governmental authority;
1.2 “Company Account” means a non-transferrable account owned solely by the Company in which the Registered User deposits his money for the purpose of buying (“Chips”);
1.3 “Force Majeure Event” includes fire, earthquake, flood, epidemic, strike, lockout, labour controversy, riot, civil disturbance, war, civil commotion, acts of God, failure or delay of any transportation agency, laboratory, or any other furnisher of essential supplies, equipment, or other facilities, omissions or acts of public authorities that prevent or delay the performance of an obligation relating to the acts of public authorities, including changes in law, regulations, or the policies of the Government, or other regulatory authority acts which are beyond the control of any Party, or any other reasons which cannot reasonably be forecasted or provided against, and which cannot be predicted by men of ordinary prudence;
1.4 “Games” means all games provided on this Platform;
1.5 “Poker Chip” means the value of INR 1, which is used to buy single chip for playing the Games on the Platform;
1.6 “INR” means Indian Rupees;
1.7 “Personal Information” means information including but not limited to: (i) name, (ii) age, (iii) date of birth, (iv) email address, (v) address, (vi) phone numbers, (vii) debit card or credit card or other payment instrument details and (viii) passwords or any such information that is considered to be sensitive information as per the applicable law and capable of identifying a Person;
1.8 “Person” means and includes an individual, proprietorship, partnership, limited liability partnership, corporation, company, unincorporated organization or association, trust or other entity, whether incorporated or not;
1.9 No employees from, or contractors working with, (Fortuity Gaming Solutions Pvt. Ltd / Pokernation), nor any of their subsidiaries shall be allowed to contest in playing ( Name of Game) on the platform. Special Accounts operated by employees or contractors may participate in leagues for monitoring purposes, but not in such a way that may affect the results of said event.
1.10 Employees and agents of the Fortuity Gaming Solutions Pvt. Ltd, its affiliates, subsidiaries, agencies and divisions, participating promotional partners, and their respective employees and immediate family members are not eligible to participate in the Contest and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as "in-laws," or by current or past marriages(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related. Employees of any radio or television station (whether or not affiliated with the Company) are ineligible to play
1.11 Associates are prohibited from using any type of camera or video recording equipment, including cell phones, on Company property without approval from a member of management at the Vice President level or above unless the video recording is necessary for employment purposes. (Pokernation) has obligations to protect its Confidential Information and the Confidential Information of its clients and vendors. Associates are also prohibited from making any audio recordings, including, but not limited to, recording discussions with fellow Associates, managers, or representatives of Loss Prevention or Human Resources without authorization from a member of their management team. Unauthorized copying or distribution of software, DVDs, modifying game systems to play copied software or assisting others to do so. Includes possession of unauthorized software copies and tampering with the company’s computer system/network/hardware;
1.12 “Non-Registered User/s” / “Visitor/s” are individual users that are not registered on the Platform but are merely accessing the Platform
1.13 “Registered User/s” are individual users those who have created an account on the Platform.
1.1 4 “Service” means the various Games and other ancillary services as provided by the Company through this Platform.
1.15 “Users” are collectively, Registered Users and Visitors.
2.1.The Games offered by the Company on the Platform are exclusive to its network of Registered Users. To play any of the Games available on the Platform, You will need to be registered as a Registered User of the Platform as per the process below to participate and play the Games. Non-Registered Users / Visitors may have restricted access and can browse only certain sections of the the Application without logging in though
2.2.You are eligible to be a Registered User of the Platform if you:
2.2.1.are an individual and of sound mind and competent to enter into a legal binding contract under Applicable Laws;
2.2.2.are above 18 years of age;
2.2.3.are not a person barred from contracting under the Applicable Laws and comply with the Applicable Laws at all times;
2.2.4.are not from Assam, Orissa, Telangana & Gujarat are accessing the Platform from Assam,Orissa Telangana or Gujarat
2.2.5.have read the Terms and agree to be bound by the same;
2.3.Users from Assam,Orissa,Telangana and Gujarat are not allowed to access or use the Platform. Such users are disqualified from registering as Registered Users.
2.4.If You provide false information for the purpose of registration on the Platform and/or participating of any Games offered on the Platform, the Company shall have the right to terminate Your User Account and also initiate legal proceedings against you for providing such false information.
2.5. You will be responsible and liable for any claims, penalty or other liability arising from Your accessing or using the Platform and / or Services, under any applicable law, and will indemnify the Company against any claims related thereto. In the event
2.6.To create an account on the Platform you will be required to follow the below mentioned steps:
2.6.1.You can create an account by either accessing the Website or by downloading/installing the Application from www.Pokernation.com/getting-started/download
2.6.2.To create the User Account, You will be required to provide all information so provided is collectively referred to as “Customer Information”.
2.6.3.You will also be required to choose a unique user name and password for the purpose of signing in to Your User Account. For security reasons, we advise You to not share the details of the username and password with any Person and You shall be solely responsible for maintaining the confidentiality of the same.
2.6.4.You shall receive a One Time Password (“OTP”), on your registered contact number or e-mail address, for the purpose of authentication of the information provided to Us. Only upon such authentication will You be able to access and login to Your account.
2.6.5. You will be able to purchase the Poker Chip for the purpose of playing the Games only after your KYC Information has been verified. This may take approximately 30 Mins.
2.6.6.The Company stores your password only for the purpose of enabling access to Your account. The Company may assist you in retrieval or changing the password after verifying Your identity.
2.6.7.The decision to permit creation of a User Account and/ or confirm Your registration and/ or allow You to play Games on the Platform lies in the sole discretion of the Company. You may be allowed to play the Games pursuant to the Company scrutinizing and evaluating if all the Customer Information as provided in the registration form submitted by You is true and correct.
2.6.8.You can at no time whatsoever, transfer the rights in Your User Account or share Your User Account details with any other Person. In the event You share Your account details, You shall be solely responsible of all the activities and fund transfers etc. that take place through Your account and shall indemnify and keep the Company harmless from any losses or liabilities that may arise.
2.6.9.Creation of two (2) or more accounts with an intention to take undue advantage of our bonus structure, will be considered a malpractice and an offense. If a User is involved in this activity that User may be permanently banned from using our services. The Company may block/terminate the User’s account and also retain the winnings/balance in the account.
2.7.The Company reserves the right, in its sole and absolute discretion, to suspend or terminate Your Account especially if it has reasons to believe that Your Customer Information is false, inaccurate or incomplete in any aspect.
2.8.The Company shall have the right to suspend or terminate Your User Account if the Company has any reason to believe that You are violating any of the provisions of the Terms or any applicable laws.
2.9.Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
2.10.Collusion between Users by sharing their hole cards or by any other methods is strictly prohibited. The Company reserves the right to block/terminate relevant User accounts, retain the balances in such User accounts, and restrict play by such Users in such manner as it deems appropriate
2.11.Notwithstanding anything to the contrary contained in the Terms, your right to use the Platform and /or participate in the Games shall immediately cease upon violation of the terms of the Terms, and You acknowledge and agree that we may immediately deactivate or delete your account and all related information.
2.12.We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with termination or suspension. We reserve the right to deny access to our Platform, service, terminate any User Accounts, reset passwords, and disclose business or Personal Information (including content) in response to requests from any national or international law enforcement authorities or government.
2.13.The Credit as attaching to Your User Account will be dealt case by case.
2.14.Inactive User Accounts will be subjected to an inactive account fee. An inactive User Accounts shall be an account that is not used for more than forty-five (45) consecutive days. The inactive User Account fee shall be charged starting at Rupees Fifty (Rs.50) per month or part thereof of inactivity and will deducted from the User’s account balance. The fee charged may be subjected to change and will be decided at the sole discretion of the Company. The change in fee shall be updated in this section from time to time.
2.15.You can close Your User Account at any time. If You want to close Your account You should inform us either in writing, via e-mail, or letter, using the details found in our Contact Us section. Once we receive confirmation that You wish to close Your User Account, You shall be sent the value of the Credit currently attached to Your User Account by a method of payment determined by Us, subject to deductions of any payments due to be made by You to Us at the time of closing of Your User account.
2.16.Should You wish to resume procuring our Services, You will be required to inform us either in writing, via e-mail, or letter, using the details found in our Contact Us section.
2.17.This is a feature to assist Users to play responsibly. When a User account is in “Take a Break” mode, the User is prohibited from creating any new account or playing on any other accounts on our website.
2.18.RG Deposit Limit – It is the sole responsibility of User to set deposit limits on his/her account. The Company does not have the ability to change/modify these limits.
a)User withdrawals are made through NEFT and refunds are processed to the same mode / financial instruments through which the deposit is made
b)After internal review we take 5-7 business days to process the withdrawal or refund
c) All Freeroll tournament winnings will be credited as immediate bonus. Player need to earn 1.56 times loyalty points to withdrawal the immediate bonus amount. PokerNation reserves the right to change/modify these terms n conditions anytime without any prior notice.
d) Withdrawal after deposit without game play can't be processed as player need to generate minimum 1.5 times of loyalty points of his deposit amount.
e) Any withdrawal of upto Rs.1000 will attract 10% as withdrawal fee and player need to borne the withdrawal fee.
f) The final decision with regards to players withdrawal and tax implications rests with Poker Nation and the management decision shall be final.
g) 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. PokerNation also reserves the right to waive off this transaction fees on specific request from the user on a case to case basis. Incase the deposit is made using a specific Promotion code, then the terms and conditions attached to that specific promotion will be applicable.
3.2.All cancellation of transaction requests (subjected to having sufficient balance in the User’s account) will need a time of at least two (2) weeks to be processed. After cancellation, any winnings arising from the relevant transaction will be null and void. Funds will be refunded back to the same source used to make the payment/engage in the transaction or any other source as requested by the User and which the Company deems fit after investigation. The User is solely responsible for securing his/her account. The Company will not be responsible for any charges or expenses arising out of misuse of a User’s account. In any case, any refunds made by the Company as a result of misuse of a User account will be subject to and limited to the available funds in the User account at that particular point of time.
4.1.The Company may withhold from the winning amount any amounts payable under the Agreement such as central, state and local taxes as may be required to be withheld pursuant to any Applicable Law.
4.2.The User shall indemnify and save harmless the Company from any amounts, including interest and penalties, that may be assessed against the Company arising out of the failure of the Company to pay, when due, any taxes, fees and charges that the User is required to pay in India.
4.3.In the event of a winning made in kind, or partly in cash and partly in kind, prior to the release of winnings the Company shall have the right to recover from the User, any amounts equivalent to the applicable central, state and local taxes, as may be required to be withheld and/ or paid to the Indian tax authorities pursuant to any Applicable Law.
5.1.You represent and warrant to the Company that:
5.1.1.You are not located in Orissa,Assam Telangana & Gujarat and are competent to contract under the laws of India;
5.1.2.All the Customer Information furnished by you including the additional information (if any) for the purpose of registration on the Platform is true, accurate and correct.
5.1.3.You shall not create multiple user accounts to play the Games offered by this Platform.
5.1.4.You are solely responsible for maintaining the secrecy of any passwords, login name/user-id, or other information provided by / to You in relation to Your User Account, at all times and shall be personally responsible for any and all use of the Platform by such User Account and anyone using Your login information and password whether with or without the Your permission.
5.1.5.It is your responsibility to report Your winnings and losses to Your local tax and regulatory authorities in accordance with Applicable Laws. The Company will not be liable to such legal and regulatory authorities for payment of any of your personal taxes.
5.1.6.You will not allow any minor to play the Games by accessing your User Account;
5.1.7.You shall not use this Platform for any purpose that is:
18.104.22.168. unlawful, illegal or forbidden by law.
22.214.171.124.to infringe any copyright and other proprietary right contained in any content of the Company or any third party whatsoever.
126.96.36.199.to host, display, upload, modify, publish, transmit, update or share any information that harms minors in anyway or is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
188.8.131.52.to host, display, upload, modify, publish, transmit, update or share any content which contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
184.108.40.206.to upload any content on the Platform which is in violation of the laws in India including, but not limited to, the Indian Penal Code, 1980, the Information Technology Act, 2000, the Copyrights Act, 1957, Trademarks Act 1999 or any analogous law anywhere in the world that maybe applicable.
220.127.116.11.to upload any content on the Platform which threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
18.104.22.168.to copy, decompile, reverse engineer, or otherwise attempt to discover any source code, sell, assign or otherwise transfer any intellectual property in the Platform and / or the Games other than as agreed in the Terms.
22.214.171.124.to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material;
126.96.36.199.to send communications containing unsolicited / unauthorized advertisements, promotions or marketing material
188.8.131.52.to impersonate any Person or entity or identify Yourself or act in any way that would mislead the Company its Registered User or any third party into believing that You are a different Person or entity.
184.108.40.206.benami nature and which is in violation of the Benami Transaction Act, 198transfer for instance transferring Your User Account to any third person or any take part in any transaction or activity of this Platform
5.1.8. You undertake and acknowledge that:
220.127.116.11.You may be held liable for losses incurred by the Company or any other User of the Platform due to authorized or unauthorized use of the Platform using Your registration details / other User account information, as a result of Your failure in keeping Your registration details / other User account information secure and confidential. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with the Terms.
18.104.22.168.The Company does not promise or ensure that you will be able to access your account whenever you want. There may be instances of downtime where you may not be able to access your account or the services provided by the Company due to, but not limited to system maintenance and updates;
22.214.171.124.You are fully aware that the Games on this Platform are games based on Your skill and may result in financial loss to You. With full knowledge of this fact, you are voluntarily participating in the Games and assume all responsibility for it and risk resulting from your participation, including all risks of financial loss. The Company assumes no liability or responsibility whatsoever for any financial loss that you may sustain as a result of participation in the Games.
126.96.36.199. By registering on our website, you agree to being informed of our marketing promotions and offers by means of SMS, Email, Social Media, Call and any such form of communication. Once registered and opted in for the communication, to unsubscirbe, you may call our customer support at 1800-258-20200 or drop us an email on email@example.com stating your request.
188.8.131.52.We are an intermediary for the purposes of the Information Technology Act 2000 and any other law and reserve the right to take down or restrict the uploading of any content on Your account pursuant to the applicable laws and our internal policies.
6.1.Any intentional losing of a hand in order to deliberately transfer chips to another User is strictly prohibited and is considered “chip dumping”. If a User is involved in this activity, the User may be permanently banned from using the services and the Company will be under no obligation to refund any money that may be in that User’s Account.
6.2.All actions taken in relation to the Platform by a User must be executed personally by the User. Use of any artificial intelligence including but not limited to game software or robots is strictly prohibited. User agrees and acknowledges that the Company may take steps to detect and prevent use of these EPA (External Player Assistance) programs including but not limited to examining software programs running concurrently with the Website’s software. User agrees not to attempt to block or interfere with these steps including usage of any software that bypasses or interferes with this process. If a User is found to be involved in such activity, that User will be permanently banned from using our services and his/her account will be blocked/terminated and any winnings/balance in the account will not be refunded.
7.1.All intellectual property in the Platform, including intellectual property in relation to any software, techniques and processes used in the Platform, and any trademarks, logos, images and other content available on the Platform, belongs exclusively to the Company or its licensors (as the case may be).Through Your use of the Platform, by no means are any rights impliedly or expressly granted to You in respect of such works.
7.2.Unless explicitly stated herein, nothing in these Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
7.3.Except as stated otherwise, all content on the Platform (including all intellectual property rights to such content) is owned exclusively by the Company.
7.4.Unless expressly authorized by the Company, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Platform, and any content or software available or used on the Platform, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
7.5.The Company grants to You a limited, personal license to use the Platform and the intellectual property therein, to the limited extent required for the purpose of playing the Games made available by the Company on the Platform, in accordance with these Term of Use, and the Terms provided by the Company during the course of Your use of the services of the Platform.
8.1.We may store and use IP addresses or log on information to analyse trends, administer the Platform, track Your movement, and gather broad demographic information and such other information as may be necessary for marketing purposes and for other uses.
8.2.Additionally, in case of Registered Users / Visitors, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times, URL requested, and referral URL.
As a matter of convenience to Registered Users and Visitors (collectively, “Users”), the Platform may provide links to various third party websites or resources (“Third Party Sites”). If a User uses any of these links, such User may be directed/redirected to such external website and may leave the Platform. If You decide to visit any such external link, You agree to do so at your own risk, responsibility and liability. The User’s interaction with any third party accessed through the Platform is at the User’s own risk, and the Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any refunds, exchanges, personal injuries, death, property damage, or other damages or expenses resulting from the User’s interactions with such third parties or availing any goods / services from such third parties.
10.1.The Company hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction.
10.2.The Games and any other service as provided on the Platform at any time can be modified or withdrawn by the Company. The Company makes no representations and warranties for providing the same Games and services at all times through its Platform.
10.3.The Platform, including the services and all content, materials, information, software and products are provided on an "as is" and "as available" and "with all faults" basis with no representations or warranties whatsoever.
10.4.We disclaim any and all responsibility for the completeness, accuracy, availability, timeliness, security or reliability of the Platform, services or any content, provided by us, by you or by any party. We accept no responsibility for, and excludes all liability in connection with, browsing this Platform, use of information or downloading any materials from it, including but not limited to any liability for inaccuracies or misleading or defamatory statements or offensive or illegal conduct of users or third parties. If any such content is brought to our notice, we will endeavor to remove such content at the earliest available opportunity. However, this does not constitute any warranty from us for the removal of such content.
10.5.The Platform and/or Games offered by Us may be unavailable or be interrupted owing to upkeep and maintenance or for reasons beyond our control and thus we do not make any representation that the Platform and/or the services provided to you will be uninterrupted. The Company makes no warranty or representation that the Platform will meet your requirements or that it will be available on an uninterrupted, timely, secure or virus, spam or error-free basis.
10.6.You agree that any content, including Application, downloaded would be at your sole discretion and you would be responsible for any damage caused to your computer resource or any device or for any loss of your data resulting from you downloading such content. We shall have no responsibility for any damage to your computer system(s), loss of data that results from the use of the Platform or its content.
11.1.To the fullest extent permitted by law, the Company is not liable for any indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill) arising out of or in connection with the platform, even if the Company has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation to damages due to: (a) the use of or the inability to use the Platform or (b) Games offered on the Platform (c) conduct of any User on the Platform (d) unauthorized access to or alteration of transmissions or data, (d) malicious or criminal behaviour, or false or fraudulent transactions by other Users or yourself (e) technical or other operational lapses on the Platform.
11.2 If for whatsoever reason, any cash or bonus gets credited to the player account due to a technical error, Poker Nation shall be liable to deduct the said funds without any intimation to the player.
13.1.This Agreement along with Your use of the Platform is governed by and construed in accordance with the laws of India.
13.2.The courts at Kolkata shall have exclusive jurisdiction over all matters connected with these Terms and Your use of the Platform.
14.1.Force Majeure: In the event the Terms cannot be performed or its obligations cannot be fulfilled for any reason beyond the reasonable control of the parties, including but not limited to, war, industrial action, floods or Acts of God, then such non- performance or failure to fulfill the obligations shall be deemed not to be a breach of these Agreement.
14.3.Severability: If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
14.4.Waiver: No waiver by the Company of any breach of the Agreement shall be a waiver of any preceding or succeeding breach. No waiver by the Company of any right under the Agreement shall be construed as a waiver of any other right.
14.5.Assignment: You may not assign or sub-license, without the prior written consent of the Company, the rights, duties or obligations under these Terms, in whole or in part, to any person or entity.
15.1.No employees from, or contractors working with, (Fortuity Gaming Solutions Pvt. Ltd. / PokerNation), nor any of
15.2.Employees and agents of the Company, its affiliates, subsidiaries, agencies and divisions, participating promotional partners, and their respective employees and immediate family members are not eligible to participate in the Contest and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriages(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related. Employees of any radio or television station (whether or not affiliated with the Company) are ineligible to play
15.3.Associates are prohibited from using any type of camera or video recording equipment, including cell phones, on