TERMS OF SERVICE
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.
1.1. “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. “Bank Account” means a financial account maintained with a Banking Company or a financial institution and shall include a wallet maintained with an entity authorized by the Reserve Bank of India.
1.4. “Banking Company” means a banking company as defined under section 5(c) of the Banking Regulation Act, 1949.
1.5.“Barred States” means any state in the territory of India where online gaming has been prohibited under Applicable Laws.
1.6. “Buy-in” shall mean the value required to be deployed by a User to play a Cash Game on the Platform.
1.7. “Buy-in Value” shall mean the total value of a Cash Game available for a User to play on the Platform.
1.8. “Cash Games” means Games involving a financial stake, as determined by the participants of that Game, in accordance with the Game Rules.
1.9. “Communication Feature” means the in-game feature that enables users to interact with each other during a Game.
1.10. “Deposit Balance Segment” means the segment of the Wallet wherein any money deposited by a User with Pocket52 to play a Cash Game is credited, after deduction of applicable goods and services taxes (“GST”) in accordance with Applicable Laws.
1.11. “Discounted Buy-in Value” means the actual value debited from the Wallet of the User as a Buy-in for a Cash Game, irrespective of the actual Buy-in of that particular Cash Game.
1.12. “Discount Credits” shall mean non-monetary credits that may be provided by Pocket52, at its sole discretion, as a part of a promotional measure that facilitates a User to play a Cash Game with Discounted Buy-in Value. 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.
1.13. “Discount Credit Segment” means the non-monetary segment of the Wallet where Discount Credits balance shall be displayed to the User as information.
1.14. “Game(s)” means the game of Poker offered on Pocket52 and shall include the various formats, (including Tournaments) of Poker available on Our Platform.
1.15. “Game Balance Segment” shall mean the segment of the Wallet on the Platform representing the value available to the User to play Cash Games.
1.16. “Game Rules”, for each Game, means the rules and regulations applicable to the Game(s) which are accessible on the Platform.
1.17. “Platform” means the Pocket52 website and related mobile/desktop applications on which Games are made available to users in different formats.
1.19. “Refund” means the reversal of the amounts paid by a user to play a Cash Game (excluding GST) to such user’s Wallet.
1.20. “Terms” means the Terms of Service of Pocket52.
1.21. “Tournament” means the game of Poker offered on the Platform in the format of tournament(s).
1.22. “Tournament Discount Credit” means non-monetary credits that may be provided by Pocket52, at its sole discretion, as a part of a promotional measure that facilitates a User to participate in the Tournaments with Discounted Buy-in, in such manner as may be prescribed under these Terms. 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.
1.23. “Tournament Discount Credit Segment” means the non-monetary segment of the Wallet where the Tournament Discount Credits balance shall be displayed to the User as information.
1.24. “Wallet” means the section of the User Account maintained that enables Users to deposit and utilize funds on the Platform.
1.25. “Withdrawable Balance” means the amount in the Winnings Segment.
1.26. “Withdrawal/Withdraw” means the transfer of all or part of the Withdrawable Balance to a designated Bank Account of a User, upon specific instructions by that User to Pocket52 to initiate such transfer.
1.27. “Withdrawal Request” means a request by the user on the Platform to initiate Withdrawal to his/her Bank Account.
1.28. “Winnings Segment” means the segment of the Wallet to which the winnings (either in full or in part) of the Users from the Cash Games are credited.
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. If You are not legally competent to individually enter into Indian Rupee transactions through banking channels in India and/or are accessing the Services from a Barred State, You are prohibited from participating in Cash Games on Our Services. In the event of such violation, Your participation in Cash Games will be deemed to be in breach of the Platform Policies and You will not be entitled to receive any prize that You might win in such Cash Games.
2.4. 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 website, Google Play Store and/or the Apple App 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.
3.6. 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 firstname.lastname@example.org.
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. If we detect multiple accounts for a single user, we may take penal action, including cancellation of all amounts in relation to Discount Credits and/or Tournament Discount Credits on linked accounts, and suspension of the linked accounts.
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, including Cash Games and non-cash Games. 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 https://www.pocket52.com/poker-game-rules/.
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 encouraging money laundering 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;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
- contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- is otherwise objectionable or undesirable (whether or not unlawful);
- is aimed at soliciting donations, chips or other forms of help;
- disparages Nirdesa Networks Private Limited or any of Our subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or websites, in any manner;
- promotes a competing service or product; or violates any Applicable Law.
6.2. The Communication Feature for a user may be immediately suspended without any warning where We are of the opinion that such user is indulging in any activity prohibited under Clause 6.1. above, or elsewhere in the Platform Policies. This may also lead to suspension of the Account of such a User. You may report any abusive or malicious behaviour by any other user to us by following the complaints procedure provided in Clause 16 below.
6.3. You shall not host, intercept, emulate, or redirect proprietary communication protocols, used by Us, if any, regardless of the method used, including protocol emulation, reverse engineering, or modification of Our Services or any files that are part of it.
6.4. You shall not frame Our Services, or impose editorial comments, commercial material or any information on Our Services, or alter or modify any content, or remove, obliterate or obstruct any proprietary notices or labels.
6.5. You shall not use Our Services for commercial purposes, including but not limited to use in a cyber cafe as a computer gaming centre, network play over the Internet, or through gaming networks, or connection to an unauthorized server that copies the gaming experience offered by Us.
6.6. You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer Your Wallet, content, money, points, standings, rankings, ratings, or any other attributes appearing in, originating from, or associated with Our Services.
6.7. 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 cash cards, mobile phones for adding cash to the Wallet, accessing or attempting to access the Services through someone else’s Wallet, is strictly prohibited. Where We become aware of or are of the opinion, at Our sole discretion, that You are indulging in such fraudulent activity, We may terminate Your Wallet nd notify the appropriate authorities, where relevant.
6.8. If You are an officer, director, employee, consultant, or agent of Nirdesa Networks Private Limited or its affiliates, or a relative of such persons, You are not permitted to play either directly or indirectly, any Cash Games which entitle You to any prize, in the course of Your engagement with Nirdesa Networks Private Limited. For the purposes of these Terms, ‘relative’ shall have the meaning ascribed to it in Section 2(77) of the Companies Act, 2013.
6.9. You undertake that You will not permit any other person to access or use Your Account and You will not use any form of external assistance to play the Games or indulge in any activity which violates the Platform Policies.
6.10. You are prohibited from utilising Our Services for any restricted or unlawful purpose including, attempting to launder funds available in Your Wallet or deliberately losing money to a certain player(s).
6.11. You shall not send spam emails to any other user on the Platform, or any other form of unsolicited communication for any other purpose.
7. Deposit, Payment, Withdrawal, Refund, and Cancellation:
- All payments on the Platform will have to be made through your Wallet, by following the process indicated therein. Any money deposited by You with Pocket52 is credited to the Deposit Balance Segment (exclusive of GST),, amounts available with You to participate in Cash Games are reflected in the Game Balance Segment, and Your winnings are credited to the Winnings Segment automatically unless You choose to transfer part of Your winnings to the Game Balance Segment, basis ongoing promotional offers (if any) on the Platform. Your Wallet also provides a record of all transactions made by You on the Platform.
- .All funds collected from You are held in trust by Pocket52 and kept unencumbered in a designated account. By participating in Cash Games You hereby authorize Pocket52 to appoint a third party/ Trustee/Escrow Agent to manage funds deposited by You on your behalf. Subject to these Terms, amounts collected from You are held in a separate non-interest earning bank account. The said accounts are operated by a third party appointed by Pocket52. From these bank accounts, the payouts can be made to (a) the users (towards their withdrawals), (b) Pocket52 (towards its margin (i.e., the difference between the buy-in/discounted buy-in amount and the prize pool amount) and (c) to governmental authorities (including without limitation towards GST, TDS on net winnings).
- All transactions You make with Us shall only be in Indian Rupees (INR) and We do not accept any deposits in any other currency or in the form of virtual digital assets. You are free to deposit funds in the Deposit Balance Segment for the purpose of participating in Cash Games, subject to the following conditions: 1. 2. 3. You can only deposit up to INR 5,00,000 (Indian Rupees Five Lakhs only) to the Deposit Balance Segment in a single transaction; The monthly deposit limit set by Us with undertakings, indemnity, waiver, and verification conditions as We deem appropriate in Our sole discretion. We will notify You of any changes in the deposit limits on the Platform; and GST at the rates prescribed by the Government will be applicable to the amount deposited by you in the Deposit Balance Segment.
- The deposits made by You in the Deposit Balance Segment are purely for the purpose of enabling Your participation in the Cash Games and do not carry or generate any interest or return. You shall be allowed to transfer the balance lying in the Deposit Balance Segment to the Game Balance Segment to participate in a Cash Game.
- Pocket52 will issue a GST-compliant invoice to You which shall be available for You to download on the Platform against the deemed supply of specified actionable claims by Pocket52 to You when you deposit money to the Deposit Balance Segment.
- You cannot transfer any funds from Your Wallet to the Wallet of another user, except as may be permitted by Us.
- You hereby represent and warrant that the payment instrument/mode used for adding cash to Your Wallet, belongs to You.
- Credit cards, debit cards, prepaid cash cards, and Internet banking payments are processed through third-party payment gateways. Similarly, other payment modes also require authorization by the entity which processes such payments. You understand and agree that We are not responsible for delays or denials in processing payments at their end. The processing of payments will be solely in terms of the applicable policies and procedures of the relevant third parties, without any responsibility or risk at Our end.
- If there are any issues in connection with adding cash/depositing funds on the Platform, You may send a complaint to Us by following the complaints procedure provided in Clause 16 below.
- You understand and agree that we are not liable in the event of Your credit being delayed or eventually declined, and You are required to follow up with the providers of the payment instrument You used to initiate the transaction. Once a payment/transaction is authorized and confirmed, and the funds are received by Us, the amount is credited to the Deposit Balance Segment and is available for You to transfer it to the Game Balance Segment to play Cash Games.
- We have the right to cancel a transaction at any time and at Our sole discretion, and if the relevant payment is successfully realised in such an event, the transaction will be reversed and the money credited back (exclusive of GST) to the original source of payment (excluding GST). 7.2. Withdrawal
- You may Withdraw all or any part of the Withdrawable Balance to Your Bank Account, which will be processed by means of an electronic bank-to-bank transfer or such other mode as per your stated preferences and in accordance with Applicable Laws.
- You may also choose to transfer a part of Your Withdrawable Balance to the Game Balance Segment and avail Discount Credits in accordance with the ongoing promotional offers (such as Superboost or such other nomenclature as may be determined by Pocket52) being run on the Platform. The percentage of Your Withdrawable Balance that can be transferred to the Game Balance Segment shall be determined solely by Pocket52 in its discretion and shall be made available to You in the information panel as an option to avail such offer.
- At the time of initiating a Withdrawal Request, You are required to provide Us with the details of the Bank Account to which the funds are to be credited, and such Bank Account must belong to You.
- A Withdrawal Request will be accepted by Us subject to adequate KYC verifications, alignment with the deposit method, and/or security reviews by Our automated systems and risk management team. You agree that all Withdrawals You make are governed by the following conditions:
- You shall be allowed to place a Withdrawal Request only once in 24 hours.
- You can Withdraw all or any part of Your Withdrawable Balance (depending on the Withdrawal method), applicable witholding and withdrawal fee, which shall be a discretionary fee charged by Pocket52 for facilitating Withdrawal on the Platform, inclusive of GST (if any) (“Withdrawal Fee”).The amount of Withdrawal Fee may vary depending on the mode of Withdrawal or such other parameters as may be determined by Pocket52 and is subject to change from time to time. The amount of Withdrawal Fee applicable on Your Withdrawal shall be communicated to You at the time You place the Withdrawal request, Nirdesa shall issue a GST compliant invoice to You which shall be available for You to download on the Platform from the Wallet section.
- You may Withdraw a minimum of INR 100.00 (Indian Rupees One Hundred only) and a maximum of INR 3,00,000.00 (Indian Rupees Two Lakh only) per transaction. When Withdrawing funds, payment will be made to You either by electronic wire transfer, or any other manner in accordance with Your stated preferences and Applicable Laws. We also reserve the right to disburse the amount to the financial instrument/mode used to add cash to Your Deposit Balance Segment. The foregoing limits on withdrawal may be changed or modified by Us from time to time.
- Withdrawal Requests shall, subject to Withdrawal restrictions specified in these Terms and the Platform, be processed post Your KYC verification. We may ask You for Your KYC documents at any stage to verify Your address and identity.
- Discount Credits and Tournament Discount Credits are non-monetary in nature and are not Withdrawable and are subject to the terms and conditions applicable to their grant.
- We will attempt to process Your Withdrawal Request in a timely manner, but there may be delays due to the time required for the KYC verification, security checks, and other processes involved in completing the Withdrawal transaction. We shall not be liable to pay any form of compensation to You for the reason of such delays in processing Withdrawal Requests and remitting payments.
7.3.1.You may request a Refund of any unutilized funds deposited in your Deposit Balance Segment by contacting Support team, completion of KYC and subject to the following conditions:
- Upon receipt of a Refund request from You, the Refund will be processed within two
- weeks from the date of receipt of such Refund request and the requisite Refund amount shall be credited to the original source used to add such funds. 2. You may raise a Refund request no later than 180 (one hundred and eighty) days of adding such funds to your Deposit Balance Segment.
- Any GST deducted paid to the Government at time of deposit of the funds shall not be refundable as per Applicable Laws.
7.4. The refund policy for cancelled Cash Games shall be in accordance with the terms and conditions specified on the Platform at the beginning of the relevant Cash Game.
7.5. Your Wallet details may be disclosed to the relevant authorities, and requisite amounts may be withheld from payouts, in order to ensure compliance with Applicable Laws and lawful requests from the government, regulatory bodies, tax authorities or an order of any court of competent jurisdiction. It is solely Your responsibility to ensure due remittance of all the applicable taxes.
8. KYC Verification:
8.1. We require Users to undergo an additional online document verification (“KYC”) in the following scenarios:
- where You place a Withdrawal Request;
- where We suspect or have been notified that You have violated any of the Platform Policies;
- where You have been identified to be in breach of the applicable add cash thresholds;
- where You have been provided any promotional offer from the Platform or have any winnings credited to your Wallet;
- as may be required under Applicable Laws; and
- as may be determined by Us in our sole discretion from time to time.
8.2. As part of Our KYC process, Our automated system enables a mandatory process for users to upload documents pertaining to their Permanent Account Number (PAN) and Bank Account.
8.3.The KYC documents/information must be uploaded on Our Platform, and We do not accept submissions in any other form or manner.
8.4.At the time of uploading the document/information on Our Platform, You must ensure the following: 1. documents are valid; 2. the document is clear and legible, and shared in a jpg, jpeg, or pdf format; and 3. documents are not password protected.
8.5. The validation of KYC documents may take up to 3 (three) working days from the date of submission of the documents. We reserve the right to validate and/or reject the KYC documents at our sole discretion. You will be notified of the status of KYC verification on Your registered mobile number/email address and on Our Platform.
9. Discount Credits, Tournament Discount Credits:
9.1. When You add cash to the Deposit Segment, make a Withdrawal Request, participate in any promotional offer being run on the Platform or when You complete actions, as may be determined by Us in our discretion, Pocket52 may, at its sole discretion, allot Discount Credits and/or Tournament Discount Credits to You which are displayed in the Discount Credit Segment and/or Tournament Discount Credits, as the case may be. Such Discount Credits and/or Tournament Discount Credits may be dependent on certain conditions, such as Your continued usage of Our Services or participation in Cash Games, or such other conditions as may be determined by Pocket52. You understand that the Discount Credits and/or Tournament Discount Credits shall have a defined expiry period, which may differ based on the ongoing offers.
9.2. It is clarified that (a) all Discount Credits offered by Pocket52 to a User shall be only utilised to facilitate the User to play Cash Games with Discounted Buy-in; and (b) all Tournament Discount Credits offered by Pocket52 to a User shall be only utilised to facilitate the User to play Tournaments with Discounted Buy-in. Pocket52 has the right to reduce and vary Disocunts Credits and/or Tournament Discount Credits accordingly. Further, such Discount Credits and/or Tournament Discount Credits may be subject to specific conditions, such as usage only in specific types of Games and/or Tournaments, as the case may be, or restricted usage only after the expiry of a predetermined time period, etc.
9.3. Details pertaining to each Cash Game transaction, including the applicable Discount Credits, Tournament Discount Credits to be utilised for that Cash Game/Tournament, will be accessible by You on an information panel made available to You before You initiate a Cash Game/Tournament.
9.4. We may also offer other promotional offerings in the form of tournament tickets.
9.5. In the event, Your Account is terminated by You voluntarily, or by Us in accordance with these Terms, all Discount Credits and Tournament Discount Credits issued/alloted to You shall be forfeited and You shall have no further right or interest in such Discount Credits, and Tournament Discount Credits.
9.6. Any violation of the Platform Policies at any stage may result in disqualification from receiving the Discount Credits, Tournament Discount Creditsr or other promotional winnings, if any.
9.7. The Discount Credits and/or Tournament Discount Credits allotted to You are not redeemable for any other prize, nor can they be Withdrawn directly, or transferred to another user.
9.8. Pocket52 may at its sole discretion, make available to you Games wherein you may utilise the Discount Credits allotted to You to participate in such Games. The winnings of such Games shall also be in the form of Discount Credits and/or Tournament Discount Credits and shall be displayed in the Discount Credits Segment and/or Tournament Discount Credit Segment, as the case may be.
9.9. Pocket52 may at its sole discretion, make available to you Tournaments wherein you may utilise the Tournament Discount Credits allotted to You to participate in such Tournaments. The winnings of such Tournaments shall also be in the form of Discount Credits and/or Tournament Discount Credits and shall be displayed in the Discount Credits Segment and/or Tournament Discount Credit Segment, as the case may be.
10.1. TDS at the rate prescribed under Applicable Laws shall be levied on all the Net Winnings during the Financial Year as per provisions of Income Tax Act, 1961 read with allied rules. Financial year is counted from 1 April to 31st March of a particular year. TDS at the rate of thirty (30) per cent shall be levied on Net Winnings at the time of Withdrawal and at the end of a Financial Year on the remaining balance of your Net Winnings. Please refer to the TDS policy here for more details. The TDS policy, limits and rates are subject to change as per Applicable Laws and Nirdesa reserves the right to modify/amend the same as per Applicable Laws. Nirdesa’s obligation in this regard is limited to deducting TDS as required by Applicable Law and providing You with an appropriate tax deduction certificate. 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 KYC verification process.
10.2. You must ensure that the PAN provided by you is linked with Your Aadhaar, valid and operative in accordance with applicable Income Tax laws. Pocket52 shall not be liable to provide any TDS certificates or TDS credits for Users whose PAN has become inoperative as per the circular and instructions issued by the Income Tax authorities from time to time. We shall have no liability or responsibility in connection with Your personal taxation matters.
11. Termination, Suspension, and Opt-out:
11.1. 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.
11.2. 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, Your Wallet may be terminated immediately and any Discount Credits, Tournament Discount Credits, promotional winnings, or funds therein may be forfeited.
11.3. In the event Your Account is terminated by Us in accordance with Clause 11.2, You will:
- 1. not be permitted to use Our Services, thereafter, from the mobile number, PAN, and Bank Account linked to the terminated account; and
- be permitted to Withdraw the Withdrawable Balance, subject to applicable restrictions in the Platform Policies.
11.4. Further, if We find that a user is breaching/attempting to breach Our security or privacy protocols, We may, following an internal investigation, decide to undertake a range of remedial actions, depending upon the severity of the detected breach, which may include the following:
- stop access and usage of Our Services, indefinitely, by such user;
- permanently terminate such User’s Wallet;
- restrict Withdrawals for such user;
- demand compensation for the losses to Our Services that occurred because of the breach and prosecute a user for any violation of the law and the Platform Policies if need be; and/or
- prohibit the user from registering with Us or our affiliate platforms in the future.
11.5. In the event, We believe or suspect that You have been engaged in Fair Play Violation:
- we will notify You such breach/attempt to breach; and
- we shall have the right to investigate and monitor Your Wallet and Your gameplay for such period of time as in Our reasonable opinion may be needed to investigate such breach which shall extend up to a period of 180(one hundred and eighty) days from the date of notification of such breach. The balance funds of both users guilty of Fair Play Violations will be frozen for a period of such 180 (one hundred and eighty) days. Such investigation will cover all the games that the concerned User has played since the time of registering on the Platform.
11.6. In the event, We, upon investigation are of the view that Your Wallet is or has been engaged in Fair Play Violations, then to the extent of the amount which is involved in such Fair Play Violations, We may:
- forfeit the funds in Your Wallet;
- repatriate the amount to the User or individuals who have been affected by the Fair Play Violation; and
- charge a Fair Play violation compensation of an amount up to an amount of INR 10,000 per instance of such Fair Play Violation. You agree that such compensation is reasonable and justifiable, keeping in mind the manpower, technology, costs, loss of reputation that We as a Platform may suffer due to Your violation of the Fair Play Policy. The fair play violation fee may be debited from the funds in Your Wallet or in the event the balance in Your Wallet is not sufficient to cover the fee, we may raise a claim for such fee against You in accordance with applicable laws.
11.7. For the purpose of these Terms, “Fair Play Violation” means any activity of a User that violates the Platform Policies , and includes without limitation:
- activity that uses unfair means to manipulate the outcome of a game on the Platform, irrespective of whether this in favour of the user adopting such means;
- activity that is fraudulent, illegal, or unfair activity, as determined by Pocket52 in its sole discretion;
- activity that is intended solely to transfer funds from one person to another person, or between distinct sources, thereby amounting to money transferring;
- When any User intentionally loses a hand in order to deliberately transfer his chips to another User (“Chip-Dumping”).
- External Player Assistance Programs (“EPA Programs”) or Heads Up Displays (“HUDs”) which are designed to provide an unfair advantage to any Users. Pocket52 defines “External” to mean computer software (other than the Platform), and non-software-based databases or profiles (e.g., subscription services).
- activity that involves collusion between two or more players to achieve a result during a game, thereby amounting to syndicate playing; and/or
- such other activity as may be determined by Pocket52, from time to time.
11.8. If We have been instructed or made aware of a cyber fraud or any other fraudulent activity related to a User’s Account by a governmental, police or any law enforcement authority or agency, then We reserve the right to (a) suspend Your Account; and (b) transfer any funds lying in Your Wallet to such Bank Account as may be instructed by the governmental, police or any law enforcement authority or agency. We also reserve the right to block any and all Withdrawals from Your Wallet upon instructions from the government, police or any law enforcement authority or agency.
11.9. We may attempt to validate Your Account via call or email. In the event that We are not able to get in touch with You on the first occasion, We will make subsequent attempts to establish contact with You. In cases where the phone number and email address provided by You is incorrect, We bear no responsibility for Your access and use of the Services being interrupted. In case We are unable to reach You or if the validation is unsuccessful, We reserve the right to disallow You from logging onto Our Services or reducing Your play limits and/or add cash limits till such time We are able to satisfactorily validate Your Account. In such an event, We will notify You via email of the next steps regarding Your Account validation. We may also ask You for proof of identification and proof of address from time to time. Where Your access to Your Account is limited or access to Our Services is restricted as a result of unsuccessful Account validation, We may take 7 (seven) working days to reinstate complete access to Your Account and Our Services upon successful validation. In the event that We have made several unsuccessful attempts to reach out to You, We reserve the right to terminate Your Account and refund Withdrawable Balance, if any. We will not be liable for any claim, damage or loss accruing to You from such termination or restriction.
11.10. You are free to discontinue using Our Services at any time by sending Us an email indicating such intention (“Discontinuation Request”). If at such time, there is a positive Withdrawable Balance and/or funds in Your Wallet, We will disburse the same to You by electronic transfer in accordance with these Terms, subject to any applicable charges, as may be levied by Pocket52 at its sole discretion, including an account closure fee of INR 1,000.00 (Indian Rupees One Thousand Only) or 10 (ten) percent of the total funds to be transferred, whichever is higher. In case of a levy of such fee, Nirdesa will issue a GST-compliant invoice to You which shall be available for You to download on the Platform from the Wallet section.
12. Your Representations and Warranties:
- 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.
- Prior to adding cash to the Wallet or participating in Cash Games, You shall be responsible to satisfy Yourself about the legality of playing Cash Games in the jurisdiction from where You are accessing Cash Games.
- 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 are aware that playing Cash Games may result in financial loss to You. With full knowledge of the facts and circumstances surrounding this activity, by using the Platform, You are voluntarily choosing to play Games and accordingly assume all responsibility for and risk resulting from Your participation in any Cash Game or other activity on the Platform, including any financial loss. You understand that Pocket52 shall not be liable for any financial loss that You may sustain as a result of your use of the Platform. You agree to indemnify and hold Nirdesa Networks Private Limited its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with Your use of the Platform.
- 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.
13. Royalty Rewards
13.1. Royalty Rewards is a multi tier promotional offer run by Pocket52 wherein any User who adds funds to his/her Deposit Wallet Segment shall be automatically enrolled into the Pocket52 Royalty Rewards program. By playing Cash Games on the Platform, the User may be allotted Discount Credits and/or Tournament Discount Credits that may be used by the users to Play Cash Games
14. Content and Advertisements:
14.1. 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.
14.2. 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.
14.3. 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.
14.4. 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.
15. Disclaimer, Indemnity, and Limitation of Liability:
15.1. 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.
15.2. Notwithstanding anything to the contrary contained in the Terms, You agree that Our maximum aggregate liability for all Your Claims against Us, in all circumstances other than for a valid Withdrawal, is limited to the [Platform Margin], received by Us over the preceding 3(three) months. You are solely responsible for any consequence resulting from Your use of the Platform, and You understand that We assume no liability or responsibility for any financial loss that You may sustain in this regard.
15.3. 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.
15.4. 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.
15.5. 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.
15.6. A failure by Us, to insist upon strict performance of any of the provisions herein or to exercise any option, right or remedy contained herein, shall not be construed as waiver or relinquishment of such provisions, option, right or remedy. No waiver of any provision hereof shall be deemed to have been made unless expressed in writing and signed.
15.7. The latest versions of the Platform Policies, as published on the Platform, contain the entire agreement between You and Us regarding the access to and use of Our Services and supersedes all prior agreements, including prior versions of the Platform Policies.
16. Intellectual Property Rights:
16.1 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
16.2 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.
17. Complaints and Disputes:
17.1. 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 email@example.com.
17.2. 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.
17.3. ThefollowingarethedetailsofOurgrievanceofficer: Name: Deepak Yadav Designation: Grievance Officer email address: firstname.lastname@example.org
18. Governing Law, Dispute Resolution, and Jurisdiction:
18.1. The Platform Policies are governed by and shall be interpreted in accordance with the laws of India.
18.2. SubjecttoClause17.3,anydispute,controversy,orclaimagainsttheUsorarisingoutofthese Platform Policies shall be subject to the exclusive jurisdiction of the civil courts at Bengaluru, Karnataka.
18.3. In the event of any legal dispute arising in relation to any aspect of the Platform Policies, or the use of our Services by You, You must provide written notification to Us of the dispute and relevant details. We shall attempt to resolve the dispute through discussions with You, and where such resolution fails to be concluded within 30 (thirty) days, the dispute may be referred to arbitration. The arbitration shall be conducted before a tribunal of three 3(three) arbitrators wherein both Nirdesa Networks Private Limited and You shall be entitled to appoint 1(one) arbitrator each and the 2 (two) arbitrators shall jointly appoint the third arbitrator. The place of arbitration shall be Bangalore, Karnataka, and the arbitration proceedings shall be conducted, in English, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The award arising from such arbitration proceedings will be final and binding on the parties, and each party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise.
18.4. Notwithstanding anything in Clause 17.3, Nirdesa Networks Private Limited shall be entitled to seek and obtain from a court of competent jurisdiction, an interim or permanent equitable or injunctive relief, or any other relief available under applicable law, to safeguard its interest, at any time during the pendency of a dispute with You or any other person, and such pursuit of relief shall not constitute a waiver of the arbitration process mandated herein.
Pocket52 (alternatively, “We”) values its users and is committed to protecting their health and interests. We take great pride in offering an online poker gaming experience that encourages and assists its users in managing their time and participation in a productive and responsible manner.
Principles of Responsible Gaming
- Users should be 18 years and above while registering and playing games on Pocket52.
- Be mindful that the skill-based cash and non-cash games available on Pocket52 are recreational activities meant for fun and entertainment. Do not let it become your primary source of income generation.
- Do not play continuously, set time limits and take regular breaks.
- Do not let playing disturb your daily routines.
- Do not let your playing cause difficulties in your personal lives. Know when to stop and avoid over-playing.
- Strike a balance between your playing and other activities that might interest you.
- Keep a separate budget for playing. Do not play with money that you have kept aside for other important or essential purposes.
- Keep in mind that your success or performance on Pocket52 is dependent primarily on your skill and knowledge of the games. You should therefore study and analyse your games so as to maximize your performance and also deter the emergence of addictive and compulsive behaviour.
- Do not play when you are tired, overwhelmed or under undue stress. Do not play while working or while doing something important. Allocate a separate and limited amount of time during the day for playing on Pocket52.
- Do not chase your losses in an attempt to recoup them at tables with higher stakes.
- Users are encouraged to seek other sources of entertainment outside of Pocket52 and they should balance the time spent on Pocket52 with other hobbies, interests and activities.
- Avoid playing games under the influence of alcohol or other intoxicants, as this can significantly impair your skills.
- While using the Chat Window on Pocket52, please refrain from indulging in any prohibited conduct mentioned under the Fair Play Policy.
We encourage you to reach out to us, by emailing us at email@example.com if you feel you require any assistance in this regard. The date on which this Policy was last updated is 1 Oct, 2023.