Terms of Service

Pocket52 is an online platform offered by Nirdesa Networks Private Limited (hereinafter referred to as “Nirdesa”, “Pocket52”, “We”, “Us”, or “Our”) that enables users (“You” or “User”) to play the skill-based game of poker online with other users. These terms of service for Pocket52 (“Terms”) along with Pocket52’s Privacy Policy (“Privacy Policy”), Fair Play Policy (“Fair Play Policy”), and the cumulative set of Game Rules (defined below) (together, “Platform Policies”) govern the relationship between You, and Pocket52. The Platform Policies form a binding legal agreement between You and Pocket52, on the basis of which You may visit, access, or use the Pocket52 product, website, mobile applications, and related services (“Services”).

Your use of the Services indicates your acceptance of the Platform Policies and hence you are advised to read the Platform Policies carefully before using Our Services. If You do not accept any part of the Platform Policies or any subsequent modification therein, You must stop accessing or using Our Services.

We reserve the right to periodically review, update, or otherwise modify any part of the Platform Policies at Our sole and absolute discretion, and accordingly, You are advised to keep Yourself updated on the latest versions of the Platform Policies. We will provide You with notice of any material modification to the Platform Policies, and Your continued access and use of the Services after such notification shall constitute consent to the modified Platform Policies.

In the event where one or more of the terms hereunder are determined to be invalid or unlawful for any reason, by a competent judicial or quasi-judicial authority in India, the validity or enforceability of the remaining terms will not be affected and the same will be valid and binding on You and all other users.

1. Definitions

1.1. “Account” means the User account maintained with Pocket52, which enables Users to play Games.

1.2. “Applicable Law(s)” means all applicable statutes, enactments, laws, ordinances, treaties, conventions, protocols, bye-laws, rules, regulations, guidelines, notifications, notices, and/ or judgments, decrees, injunctions, writs or orders, instructions, decisions of any court or any awards or other requirements or official directives of any governmental authority, in any jurisdiction, as may be applicable to the relevant person.

1.3. “Barred States” means any state in the territory of India where online gaming has been prohibited under Applicable Laws.

1.4. “Communication Feature” means the in-game feature that enables users to interact with each other during a Game.

1.5. “Discount Credits” shall mean non-monetary credits that may be provided by Pocket52, at its sole discretion. Discount Credits cannot be withdrawn, have limited validity as determined and notified to Users by Pocket52 and cannot be used by a User in any manner except for its purpose as decided by the Platform.

1.6. “Discount Credit Segment” means the non-monetary segment of the Account where Discount Credits balance shall be displayed to the User as information.

1.7. “Game(s)” means the game of Poker offered on Pocket52 and shall include the various formats, (including Tournaments) of Poker available on Our Platform.

1.8. “Game Rules”, for each Game, means the rules and regulations applicable to the Game(s) which are accessible on the Platform.

1.9. “Platform” means the Pocket52 website and related mobile/desktop applications on which Games are made available to users in different formats.

1.10. “Platform Policies” mean the Terms, Privacy Policy and Fair Play Policy of Pocket52 and the cumulative set of Game Rules for each Game.

1.11. “Terms” means the Terms of Service of Pocket52.

1.12. “Tournament” means the game of Poker offered on the Platform in the format of tournament(s).

1.13. “Tournament Discount Credit” means non-monetary credits that may be provided by Pocket52, at its sole discretion, Tournament Discounts Credits cannot be withdrawn, have limited validity as determined and notified to Users by Pocket52 and cannot be used by a User in any manner except for its purpose as determined by the Platform.

1.14. “Tournament Discount Credit Segment” means the non-monetary segment of the Account where the Tournament Discount Credits balance shall be displayed to the User as information.

2. Who may use Our Services

2.1. Our Services are not intended for or offered to any person below the age of 18 (eighteen) years, or persons who are resident in or access the Platform from, any of the Barred States. We have the right to control the access to Our Services at all times, in any State in India, and reserve the right to update the list of Barred States.

2.2. If You are below the age of 18 (eighteen) years or a resident or located in any of the Barred States, You may not access and use Our Services. In case You do, You shall be solely responsible for any legal actions that may ensue from such use of Our Services. We reserve the right to request proof of age and geolocation at any stage of Your access and use of Our Services to verify that persons below the age of 18 (eighteen) years or residing or located in Barred States are not using the Service. We may exclude a person from using Our Services where We suspect that such person using the Service is under-age and he/she fails to provide Us with a valid proof of age or is located in a Barred State.

2.3. We may terminate Your access and use of the Services when We become aware of or are of the opinion, at Our sole discretion, that Your use and access of Our Service is in violation of the Platform Policies.

3. Usage of Our Services

3.1. Pocket52 allows You to play the game of poker online through our mobile/desktop application which can be downloaded and installed from our Google Play Store or other app stores as may be available.

3.2. Poker is a game of skill, therefore, it is legal to play poker in most states in India.

3.3. Our Platform strives to ensure fairness and transparency. We use the Random Number Generator (RNG) process to power the Games offered as part of Our Services, the implementation of which has been certified by iTech Labs, a globally competent authority for RNG verification and certifications. The RNG process uses an algorithm to generate random numbers to ensure that all players get cards selected randomly from a well-shuffled deck, and are dealt with fairly by the system without any bias. The tests were conducted in accordance with industry standards, on sufficiently large samples, and iTech Labs has found that the card sequences are unpredictable, non-repeatable, and uniformly distributed.

3.4. When You access Our Services and/or create an Account, We may collect, use, share with third parties, store, or otherwise process Your information, which may include Your personal information and sensitive personal information, to ensure that the Services may be accessed and used by You efficiently. The collection, use, sharing of such information is governed by the Privacy Policy which forms an integral part of the Platform Policies. You may access the Privacy Policy here.

3.5. You are required to verify Your mobile number at the time of registration on the Platform. All Your information is kept confidential and processed as per Our Privacy Policy.

3.6. When You register with Us, You agree to receive promotional and service messages from Us, and our affiliates, through SMS, email, call and push notifications, in relation to tournaments, offers, Discount Credits and Tournament Discount Credits. You may withdraw Your consent to receive such communications by sending an email to support@pocket52.com.

3.7. Internet connectivity issues at Your end, disruptions due to Your local internet environment, errors in the setup of software or hardware of Your device, or other factors not directly attributable to Us, are beyond Our control, and accordingly, You agree that We will not incur any liability for any halts, breaks, or interruptions in Your usage of Our Services on account of such issues.

3.8. Winnings (whether monetary or non-monetary), Discount Credits, Tournament Discount Credits (each of which are strictly non-monetary), are unique to each player and are non-transferable. In the event You attempt to transfer any winnings, Discount Credits or Tournament Discount Credits, such activity shall constitute breach of these Terms and any winnings, Discount Credits or Tournament Discount Credits these will be forfeited at Our sole discretion.

4. User Registration and Account Creation

4.1. In order to access the Platform and the Services, You will be required to create an Account and register yourself on the Platform by providing a valid phone number or such other information as may be required. You agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Pocket52). You are prohibited from creating or using multiple Accounts on the Platform.

4.2. When You create an Account with Us, a default username is generated for You, You may amend or change your display name which shall be your identity (“Username”) on the Platform. Your chosen Username is confirmed subject to it being in compliance with these Terms.

4.3. Username must not be indecent, objectionable, offensive, or unlawful. Usernames that are found to violate the intellectual property of any entity, reveal personal information, or be suggestive of an advertising or promotional activity, may be rejected.

4.4. Your Username will remain active on the Platform unless We terminate or suspend Your access to the Platform for a violation of the Platform Policies in accordance with these Terms, or Your Account becomes inactive in accordance with Clause 11.

5. Game Formats and Rules

5.1. Pocket52 provides the game of poker in various formats and variations on the Platform. We may increase or reduce the number of Game formats and variations offered on the Platform, at Our sole discretion. A User shall have the option to choose the Game of any Buy-in/Discounted Buy-in depending on his skill level and knowledge.

5.2. You agree to abide by the applicable Game Rules when playing Games on the Platform. You are required to ensure that You have read and understood the applicable Game Rules before playing any Game. The Game Rules form part of the Platform Policies and can be found by clicking here.

5.3. We may, from time to time, make additional Games available on the Platform. The Platform Policies will govern all aspects of such newly introduced Games, and the relevant Game Rules for such new Game(s) will be made available to You.

5.4. The results and winners of each of the Games are determined in accordance with the applicable Game Rules. By registering and/or participating in any Game, You agree to these determinations, which shall not be open to challenge. We will post lists of winners on Our Platform following each Game.

5.5. In case anything provided in the game rules/FAQ (suggestive or otherwise) as appearing over the Platform are contrary to these Terms, these Terms shall prevail over such game rules/FAQ to the extent they are contrary to the games rules/FAQs.

5.6. You may win prizes while playing Games on the Platform. Such prizes are subject to specific terms and conditions communicated at the time of issuance of the prize.

6. Restrictions on the use of Our Services

6.1. You shall not upload, distribute, transmit, publish, share, display, or post any content through Our Services or through any service or facility, including any Communication Feature, provided by Us which:

  • belongs to another person and to which You do not have any right;
  • is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or gambling, or otherwise inconsistent with or contrary to the laws in force;
  • is harmful to a child;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • is otherwise objectionable or undesirable (whether or not unlawful);
  • violates any Applicable Law.

7. Suspension and Opt-out

7.1. If You do not log in to Your Account at least once in a twelve (12) month period, Your Account shall be considered inactive and a maintenance fee of INR 250 per year may be chargeable, at Our sole discretion, against any funds remaining therein (“Inactive Account Fee”) by Pocket52 at its discretion.

7.2. We reserve the right to suspend or terminate Your Account if We find that You are violating any of our Platform Policies, or breaching/attempting to breach the security of Our Services in any manner.

8. Your Representations and Warranties

8.1. You represent that:

  • You are eligible and competent to enter into transactions with other users and Pocket52.
  • Any information You provide to Us at any time during the access and use of Our Services, whether at the stage of registration or any time thereafter is correct, complete, up-to-date, and accurate. We shall not be liable against any claim relating to the accuracy, completeness, and correctness of any information You provide Us. We may, at any time and at Our sole discretion, require You to verify the correctness, completeness, and accuracy of such information, and to that extent require You to produce additional documentary proof. Where You fail to provide Us with valid documentary proof, We reserve the right to limit Your access and use of Our Services.
  • You will protect the information You provide Us. You must never share Your Account login information with anyone, including any other user or any representative of Pocket52. You specifically understand and agree that We will not incur any liability for information provided by You to anyone which may result in Your Account being exposed or misused by any other person.
  • You have the required legal rights in relation to any content that You may transmit, upload, or otherwise make available on the Platform, and such action of Yours shall not violate the intellectual property rights of a third party.
  • You shall use Your Account solely for the purpose of playing the Games offered through Our Services, and not to launder funds or commit any other unlawful or prohibited activity.
  • You have the experience and the requisite skills required to play Games on the Platform, and You are not aware of or suffering with any physical or mental condition that would impair Your capability to fully participate in such activity.
  • You understand and accept that Your participation in a Game does not create any obligation on Us to give You a prize. Your winning a prize is entirely dependent on the outcome of the Game, and Your skill as a player vis-à-vis other players in the Game, and is further subject to the Platform Policies.
  • The Platform is not responsible for Your inability to access or play any Game or event in which You may be eligible to participate, irrespective of the cause of such event. This includes situations where You are unable to log into Your Account or the same may be pending validation or You may be in suspected or established violation of any of the Platform Policies.
  • You understand that any Fair Play violation by You or non-adherence to these Terms shall be deemed to be a breach of contract by You.

9. Content and Advertisements

9.1. You are solely responsible for any content that You transmit, upload, or otherwise make available on Our Services. By publishing any content on Our Platform, You agree to grant Us a royalty-free, worldwide, non-exclusive, perpetual, and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, and publicly display 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, profile picture and other information provided on the Platform.

9.2. By accessing or using or availing any part of Our Services, including the Communication Feature, You may be exposed to content posted by other users, over which Nirdesa Networks Private Limited has no control. If You find any aspect of such content offensive or unlawful, You may bring such content to Our notice, and We shall take appropriate remedial actions in accordance with applicable law.

9.3. We may place certain promoted or sponsored content on Our Platform (directly or via links to other sites or resources) in conjunction with third parties. We make no warranties with respect to such content and neither do we endorse any information contained therein. We shall not be liable to You for such promoted or sponsored content, and Your interaction with such content or third-party resources shall be solely at Your own risk.

9.4. We may use any content in relation to the Games played on the Platform, including recordings of the gameplay, for Our corporate and marketing purposes, and accordingly, You acknowledge, agree, and consent to our right in this regard.

10. Disclaimer, Indemnity, and Limitation of Liability

10.1. Pocket52 is not liable for any claim, loss, injury, damages, expenses, or lost profits or winnings, incurred by You in connection with Your use of the Services.

10.2. You agree to indemnify and hold harmless Nirdesa Networks Private Limited against any claims, actions, suits, damages, penalties, or awards brought against Us by any entity or individual in connection with or in respect of Your use of the Services.

10.3. The Platform is offered by Nirdesa Networks Private Limited on an as-is basis and Nirdesa Networks Private Limited makes no implied warranties, with respect to the Service. All implied warranties of merchantability and fitness for a particular purpose or use, are disclaimed. No one is authorized to make any warranty on Our behalf, and users may not rely on any other statement of warranty. However, where we receive adequate notice of an error in Our Services, We shall take prompt steps to rectify the same.

10.4. Nirdesa Networks Private Limited expressly disclaims all responsibility and liability for any harm, damages, or loss resulting from Your participation in, or cancellation of, any Game, any activity or transactions with third parties whom You may have connected to through Our Services, and any user-generated content, including any violation of intellectual property rights with respect to such user-generated content.

11. Intellectual Property Rights

11.1. Nirdesa Networks Private Limited and/or its affiliates, as the case may be, exclusively owns all rights and intellectual property of any type throughout the world, including but not limited to patents, trademarks, domain names, trade names, service marks, copyrights, software, trade secrets, industrial designs, and know-how in the Platform and Services, and the underlying technology and documentation therein.

11.2. Upon validly registering on the Platform, You are granted a limited right to use Our Services in accordance with the Platform Policies, and You have no right, ownership, title, or interest in Intellectual Property owned by Nirdesa Networks Private Limited.

12. Complaints and Disputes

12.1. If You have any complaint or grievance relating to any aspect of the Services, You may approach Our customer care and grievance redressal team for the resolution of such issues by writing to support@pocket52.com.

12.2. You agree that all complaints and disputes at Pocket52 are to be kept confidential. We will endeavour to resolve all grievances within a reasonable period, as mandated under applicable law. Any decision taken by Us relating to any complaint will be binding on the User.

12.3. You agree that all complaints and disputes at Pocket52 are to be kept confidential. We will endeavour to resolve all grievances within a reasonable period, as mandated under applicable law. Any decision taken by Us relating to any complaint will be binding on the User.

13. Governing Law, Dispute Resolution, and Jurisdiction

13.1. The following are the details of Our grievance officer:

  • Name: Deepak Yadav
  • Designation: Grievance Officer
  • email address: grievance.officer@pocket52.com

14. Responsible Gaming

14.1. Pocket52 is concerned about Your health and well-being, and we constantly take measures to improve the well-being of our users. You are advised to follow Our Responsible Gaming Policy to maximise Your health and safety while engaging in online gaming.

Last updated: 18 Jan, 2024

Effective from: 18 Jan, 2024