These Terms and Conditions (hereinafter referred to as Agreement) govern the legal relationship between Pacific Gaming Pvt. Ltd., India (hereinafter referred to as Poker Saint) and the end users / players.
These Terms, contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the Poker Saint website and mobile application, including any advertisements, forums, various email functions and Internet links, and all content and Poker Saint services available through the domain and sub-domains of Poker Saint located at http://www.pokersaint.com/ (hereinafter collectively referred to as “Website”)
All references to “you” or “your”, as applicable, shall mean the person that accesses, uses, and/or participates in the Website in any manner. If you become a Registered Member (as defined below) on behalf of any legal person, you represent and warrant that you have the authority to bind such legal person and your acceptance of the Terms will be deemed an acceptance by that legal person and “you” and “your” herein shall refer to that legal person.
Pokersaint.com is an online poker website, providing top of the line software and an impeccable customer experience for poker enthusiasts in India. We aim to bring to India the same levels of gameplay and network performance in online poker as customers have access to internationally, and build a robust platform for poker enthusiasts in the country to engage in an exciting gaming experience. We provide IT and technology services to promote online games of skill, specifically online poker, for real money as well as play money games (“Services”). The Services provided by this website intended solely to encourage gameplay on the website, and for entertainment purposes. This website is not responsible for any acts that may take place outside the purview of the website.
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Website, and the users of new services will be governed by these Terms. You agree that Poker Saint will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
All the Documents provided by this Website and all other Terms and Conditions as separately provided by any pamphlet, promotional offer, advertisement between the Website and the Users, are part and parcel of this Website and the User has agreed to all of them in a composite and comprehensive manner to access and use this Website, its functionalities and Services.
We may change these Terms at any time, as we reasonably deem appropriate. Upon any change in these Terms, we will post the amended agreement on the Website with notice of the changes. Your continued use of the Website and/or the Services following such notification shall constitute your affirmative acknowledgement of the Terms, the modification and agreement to abide and be bound by the Terms, as amended. If at any time you choose not to accept these Terms, including following receipt of notification of any modifications hereto, do not use the Website, or the Services.
Poker Saint hereby grants you a limited, non-exclusive, revocable license to use the Website as set forth in the Terms; provided, however, that
Membership to the Website is mandatory to play games on it. Membership of the Website is strictly private and is governed by the Terms of this Website and such other Terms and Conditions as Poker Saint/Website may specify from time to time. Granting of registration to a User is solely dependent upon our discretion and no User shall claim the same as a matter of right. Further, mere registration does not guarantee membership unless and until the same has been approved and confirmed by Poker Saint/Website or its Management through e-mail or any other mode.
You shall be solely responsible for all activity that occurs on your Account and you shall notify Poker Saint immediately of any breach of security or any unauthorized use of your Account. Poker Saint/Website does not tolerate illegal and unauthorised activities on or against the Website by either Users or unrelated third-parties. Users are prohibited from impersonating another User or deal in any other manner that is prohibited by the Laws of India and other Jurisdictions.
You may use the Website and the Services for lawful and personal purposes only. You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Website or the Services. You may not attempt to gain unauthorized access to any of the Services, Accounts, or computer systems or networks, through hacking, cracking, intrusion to network, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
You shall not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other user of the Website, including any Account not owned by you, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to Personal Information, other than your own information, as provided for by the Website. You agree not to collect or harvest any personally identifiable data, including without limitation, Personal Information, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purpose.
In addition to our rights in these Terms, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms. If we have reasonable grounds to believe that a User has indulged in any prohibited activities, has conducted himself in a manner contrary to applicable laws, or has committed any crime or cyber-crime or has been involved in the commission of one, Poker Saint/Website may in its sole discretion, but without any legal obligation to do so, initiate appropriate legal proceedings against the User in question as well as notify the same to any regulatory or law enforcement agency. Poker Saint/Website has the right, but not the obligation, to suspend or terminate User’s/Player’s account at and other privileges for the use of the Website.
The laws applicable in the Indian States of Assam, Odisha, Sikkim, Nagaland, and Telangana may prohibit a player from accessing the Services provided by Poker Saint/Website. Poker Saint/Website does not accept membership requests from Users who are currently residing in these States and if a User residing in such State(s) becomes a member of the Website by providing false and misleading information, he/she alone will be liable for violation of various laws of India, including the Laws of the States of Assam, Odisha, Sikkim, Nagaland, and Telangana. Poker Saint/Website reserves the absolute and unconditional right to terminate the users’ membership without any notice and confiscate all deposit and winnings as the case might be. Users accept that Poker Saint/Website will not be liable to take any responsibility for violation of Laws of India and various States by the Users.
At Poker Saint, you will benefit from the best value for every rupee wagered. Our Rake Structure ensures that only a minimal charge is levied on users availing our services. These charges can be in the form of the following:
The rake charges levied are subject to change from time to time, and Users will be kept updated by suitable modifications in this document, intimations on the Poker Lobby at the time of buy-in and through specific requests made through Customer Care. More details can also be obtained by writing to our Customer Care at [email protected].
Poker Saint’s Withdrawal Policy can be seen below:
Instant cash out feature enables you to make an instant withdrawal of your money from the platform. The system however, due to Banking and tax regulations has the following limitations:
You will have the opportunity to submit feedback regarding your experiences about Services, to submit inquiries and to participate in the other interactive and community features of the Website (collectively “Posted Information”). It is important that you act responsibly when providing Posted Information. We reserve the right to publish your Posted Information as part of the Service and to also to remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in removing Posted Information.
You are solely responsible for any Posted Information that you submit, publish or display on the Website or transmit to other members and/or other users of the Website.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
You may not provide any Posted Content that falsely expresses or implies that such content or material is sponsored or endorsed by Poker Saint.
You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
You understand and agree that Poker Saint may (but is not obligated to) review and delete any Posted Content that in the sole judgment of Poker Saint violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Website and/or other website users.
You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
By posting Posted Content on the Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Poker Saint, its contractors, and the users of the Website an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, display, and distribute such Posted Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that Poker Saint shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Poker Saint users for purposes of constructing or populating a searchable database of reviews and information related to the Services.
The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Website. Poker Saint reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Website. You may not publish, post, or disseminate information that:
The Users admit, agree and accept that they may be exposed to content posted by other Persons which they may find offensive, unacceptable, obnoxious or indecent and that the Website may not be able to prevent such content being posted or pre-screened. Such content should be brought to notice of the Website and the Grievance/Nodal Officer appointed by Poker Saint/Website. The Website may act upon such information as it deems proper in accordance with its Policies. The decision taken by Poker Saint/Website and its Management in this regard shall be final and binding on the Users/Player and the Users specifically agree that Poker Saint/Website will not incur any liability under any circumstance whatsoever regarding the same.
Except for Posted Information that you or any other Users submit, all of the Information available on or through the Services and/or the Website, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Poker Saint’s proprietary information. We provide you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services.
You may print, download, and store information from the Website for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the Content, or exploit the Website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, Poker Saint and its suppliers do not grant you any express or implied rights, and all rights in the Website and the Services not expressly granted by Poker Saint to you are retained by Poker Saint.
It is the sole responsibility of the User to manage the Online Banking and Financial Transactions and Payments regarding the Website. The Users are solely responsible to acquaint and comply with all applicable Laws of India, including those pertaining to online payments and transfer of funds through online and offline methods. The Users shall comply with the requirements and regulations as framed by Reserve Bank of India (RBI) from time to time. Any online monetary transaction in violation of the rules and regulations prescribed by the RBI and other applicable Laws of India shall be solely attributable to the concerned User/Players and Poker Saint shall not be held liable in this regard.
Users understand and acknowledge the fact that Poker Saint/Website is neither a bank nor a financial institution and that the purchases/balance standing to the credit in Users’ account do not accumulate any interest. User also understands and agrees that his/her Account is purely for the purpose of payment of the entry/subscription fee to participate in games/tournaments made available on the website and for purchase of cash prizes that he/she may win. You may not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your User account, any content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Website or by using any Services.
Further, please note that amounts accrued by way of Bonuses (such as Joining Bonus, Refer a Friend Bonus, and Free roll Winnings) are only intended to be available in the User’s account for further game-play, and cannot per say be withdrawn from their Account. However, any winnings earned by wagering Bonus amounts shall be redeemable to the extent allowed by the membership level reached by the User based on our loyalty system. Promotional amount for any particular offer is offer specific and cannot be clubbed with any other offer and is not withdraw-able.
Users using our website and its Services may be required to send/receive money to/from Poker Website/Website. This process necessarily involves use of third-party electronic payment processors or service providers (ESPs). To facilitate the same Users unambiguously and permanently allow and authorise Poker Saint/Website to instruct such ESPs to handle Users monetary transactions vis-à-vis dealings of this Website.
Users also agree that in accordance with their requests as abovementioned, Poker Saint/Website may give such instructions on their behalf. Users agree to acquaint themselves with the terms and conditions of use of each appropriate ESP. In the event of conflict between these Terms and the ESP’s terms and conditions, these Terms shall prevail, with respect to the Users.
Poker Saint/Website may conduct games and tournaments from time to time on the Website as per its Policies and Terms. Users who would win such games/tournaments after exercising their Skills may be offered gifts and items that may belong to third party vendors and companies. Poker Saint/Website has no affiliation or partnership with these third-party vendors and companies and all the rights and obligations vis-à-vis these third-party gifts will exclusively be governed by the terms and conditions mentioned by these third-party vendors and companies. Any dispute or grievance between the Users must be addressed to these third-party vendors and companies alone and not to Poker Saint/Website.
Users are under an absolute obligation to manage any taxation liability attracted, at their own cost. The Website will charge Users such sum as it may deem appropriate in its sole discretion and as may be informed to the Users in advance or from time to time for rendering Services to them through this Website. A service tax is applicable for the services and the service charge collected at the beginning of each game will include the service tax and other taxes and charges as applicable. Taxation Law may change from time to time and Poker Saint/Website reserves the absolute right to make necessary changes in the charges imposed and taxes deducted at source from time to time.
Any real money in the account of a User will be his/her actual account balance. Any winnings will be added and/or losses incurred from using the services, entry or other fees, previously withdrawn money by the User or amount forfeited by Poker Saint/Player for any suspected fraud or rejection or cancellation of transaction(s) by User’s/Player’s or any third-party bank, resulting of charge-backs, insufficient funds or any other reason would subsequently be subtracted. Inactive Account Fess shall also be levied wherever applicable.
All cash out requests will be processed only after deducting all deducible amounts as per the Terms of this Website or as per the Applicable Laws of India. The cash out amount will be net of all transaction and processing costs, taxation and other levies, deducting all bonus claims, etc. A request for cancellation of any transaction will be processed within 2 weeks, given the User has the balance of the transaction in his/her account. Neither prize money nor balance can be redeemed for any other prize nor can it be transferred. When withdrawing, payment will be made to the User either by cheque, wire, credit card and/or any other manner which Poker Saint/Website may decide to use keeping in mind industry standards. Users unambiguously and absolutely allow Poker Saint/Website to withhold or delay any payments due to Security Reviews though every possible effort would be made to make the payment as swift and timely as possible.
In case of any technical failures, server crashes, breakdowns, software defects, disruption or malfunction of Service exclusively attributable to Poker Saint/Website’s fault or negligence, Poker Saint/Website will cancel the games and refund the used amounts after proper verification and no rake will be taken from such games. If such technical failure, etc are attributable to a third-party act or omission or due to any User’s/Player’s fault, Poker Saint/Website will not be responsible in any manner whatsoever and no refund would be granted by Poker Saint/Website to Users. Poker Saint/Website shall also not be liable for any prospective winnings from any incomplete tournament. Poker Saint/Website would also not be liable for any technical faults and glitches at the User’s/Player’s end.
POKER SAINT/WEBSITE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE WEBSITE, SOFTWARE, AND SERVICES, ALL OF WHICH ARE PROVIDED TO THE USER ON AN “AS IS” BASIS, 'WITH ALL FAULTS' AND 'AS AVAILABLE'.
POKER SAINT/WEBSITE EXPLICITLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, POKER SAINT MAKES NO WARRANTIES ABOUT THE SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE WEBSITE. POKER SAINT DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES / SOFTWARE / WEBSITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. NO ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN, OR OBTAINED BY YOU FROM OR THROUGH POKER SAINT OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF PHYSICIANS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Website, (b) your use of the Services, or (c) the violation of these Terms by you or any third party using your Account, or (d) violation of any intellectual property or other right of any person or entity.
These Terms shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Karnataka as applied to contracts made and to be performed entirely within Bangalore.
Any controversy, dispute or claim arising out of or related to these Terms or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in Bangalore, Karnataka.
The arbitration tribunal shall consist of one arbitrator. The seat and venue of the arbitration proceedings shall be Bangalore.
The language of the arbitration proceedings shall be English.
The provisions of the Arbitration and Conciliation Act, 1996, shall govern the arbitration proceedings.
The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.
Poker Saint/Website has the absolute discretion to exercise its rights against Users and third-parties in such manner and at such time as Poker Saint/Website may deem appropriate. The inaction or delay on the part of Poker Saint/Website to act or exercise any Right or Remedy with respect to a breach of any of these Terms and Conditions by Users/Players/Third Parties shall not be deemed to be a surrender or waiver of Poker Saint/Website’s Rights to act with respect to any prior, concurrent, subsequent or similar breaches. If any Judicial or Quasi-Judicial body/authority in India declares any of these Terms or Conditions to be unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the remaining Terms and Conditions will not be affected. Any such inappropriate Term or Condition will be replaced by Poker Saint/Website with another term that is valid and enforceable and is in most nearly with effect to the original invalid term. Users shall not object to such replacement of Terms and Conditions by Poker Saint/website for any reason whatsoever.
We may assign this Agreement at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Website regarding any change of ownership so that you have the opportunity to discontinue your use of the Website or cancel your registration if you do not wish to continue to use the Website and the Services under the new ownership. You may not assign, transfer or sub-license these Terms to any other person and any attempt to do so shall be null and void.