User Service Level Agreement

DEFINITIONS AND GETTING STARTED

This isan agreement between Nirdesa Networks Pvt Ltd, which is incorporated under the companies act, 2013 registered at Registrar of Companies, Bangalore, (hereinafter referred to as “Pocket52” or “we” or “us” or “our” and other such adjectives), including but not limited to its website www.Pocket52.com and any of our applications hosted there or downloaded from a third party website, or mobile app store (hereinafter collectively referred to as the “Website”) and the End User (hereinafter referred to as “you”, “your”, “User” or “Player”) (“Agreement”).

By entering into this Agreement, you acknowledge that the trademark Pocket52 (the “Brand”) is owned by Nirdesa Networks Pvt Ltd in India. As such, where used and the context allows, the term “Rights Holders” means us, Nirdesa Networks Pvt Ltd.

Please note that this Agreement constitutes a legally binding agreement between You and Nirdesa Networks Pvt Ltd.

All tournaments, promotional games, contests and cash games organized on the Website or third-party promotional websites, leagues, live events, television shows are collectively referred to as “Games”.

All software including the Website, any applications hosted therein or downloaded from there, and any updates to the same are collectively referred to as the “Software”.

The Software and the Games and any applications thereto offered or linked to our Website are collectively referred to as the “Services” offered to the User or Player.

Restricted States: would mean the Indian States which restricts gaming in their respective territories i.e., the states of Tamil Nadu, Andhra Pradesh, Arunachal Pradesh, Assam, Gujarat, Nagaland, Odisha, Sikkim or Telangana or any other Indian state which by law restricts real money games.

This Agreement must be read and understood by you completely before agreeing to the terms of use governing any and all relationships in this Agreement which includes the terms and conditions, privacy policy, warranty disclaimer, promotions terms, disconnection policy, private tables policy, refund policy, or any other policies of POCKET52 (hereinafter referred to as “Legal Documents”) form a composite and comprehensive “Usage Policy” of the Website and by accessing and using the Website and the functionalities, applications and Services provided by it, the Users/Players agree to all of these Legal Documents in an unambiguous and absolute manner.

Any violations of the Terms of Use by the User will lead to User Banning and Blacklisting, blocking of User’s accounts and forfeiting of all User funds, and legal action on the User by the company. Hence, it is important that the user must read, understand and comply with these terms.

WRITTEN CONSENT IN FAVOUR OF WEBSITE AND POCKET52

By using the Website, Users clearly and unambiguously agree to grant an unconditional, permanent and absolute consent to POCKET52 to the collection and use of information by the Website and its partners and affiliates as mentioned by our Privacy Policy available at https://www.pocket52.com/privacy/. By accessing and using the Website and its Services, Users have granted this permission to POCKET52 in writing and no further consent or permission whatsoever is required to be taken by POCKET52/Website from Users in this regard.

REGISTRATION

The Website and its registration are strictly private and in no way should be considered to be public. In order to register to the Website enabling the User to play the games offered/ use the software or any other product or services offered by the Website, Pvt or its associates, they will have to first register themselves with the Website.

Registration does not automatically guarantee the User the right to play on the Website, and the same is reserved by POCKET52 and only after POCKET52 or its representatives deem fit by their own subjective judgment will they grant the right to play.

The right to grant the User the right to play is completely reserved by POCKET52 and its representatives. Such registration can be terminated without any notice for any subjective reason that they deem fit and by agreeing to the terms of use the User grants its consent for the same.

To protect the interest of all Users and to promote fair play, the server where the software is installed and the games are hosted will be placed in a strictly non-public / confidential area where the access to the server is completely restricted both physically and virtually.

We offer our services in Indian territories that do not fall under restricted states, to Indian nationals over 18 years of age with valid identification documents issued by Government of India, Banking instruments and mobile phones in their name. By accepting this agreement, the user agrees to these conditions. Any breach of these conditions, in whatever form will be the responsibility of the user, and will result in suspension of user’s account, confiscation of funds and will attract legal action. You undertake, accept and agree that POCKET52 and Website will not be held responsible or liable for any such breach committed by you under the applicable laws

Clarifications:

• Persons residing in one of the Restricted States
  • Real money games are prohibited in the Restricted States and any persons who are residing in the Restricted States are not allowed to register or play such Games on Pocket52.
• Persons residing in an un-restricted state
  • Such individuals will be allowed to play the Games available on Pocket52.
  • Such a person would need to submit proof of their residence outside the Restricted State.
• Persons visiting a restricted state
  • Our Website and Services are not offered in Restricted States, even for persons who were neither born in nor are residing in, but merely visiting such states.

END-USER LICENCE

Any software that you download from the Website is being licensed to you by Pocket52 for your private personal use solely on “AS IS” basis. By installing, copying, downloading or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you shall not use the Software/ Website.

Subject to the terms and conditions contained herein, Pocket52 grants the User a non-exclusive, personal, non-transferable right to install and use the Software in order to access the Servers and play the Games on the Website.

The Website/ Software is not for use by:

• individuals less than 18 years of age; and individuals having residential addresses in jurisdictions where local laws prohibit them from connecting to the Website (including the Restricted States i.e., Indian states of Tamil Nadu, Andhra Pradesh, Arunachal Pradesh, Assam, Gujarat, Nagaland, Odisha, Sikkim or Telangana or certain countries outside of India. It is the User’s responsibility to verify such matters.
• individuals temporarily located in, or visiting, jurisdictions where local laws prohibit them from connecting to the Website (including the Restricted States i.e., Indian states of Tamil Nadu, Andhra Pradesh, Arunachal Pradesh, Assam, Gujarat, Nagaland, Odisha, Sikkim or Telangana. It is the User’s responsibility to verify such matters.

Eligibility and Terms of use

• Any User who is “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. is not eligible to enter into this Agreement with Pocket52.
• The Platform should not be used, installed, or played by any Person under the age of 18 years.
• You may register on the Platform and add cash to Your account by following the registration procedure laid down in the section on Nature and use of the Platform.
• The rules governing Your participation in the Contests available on Our Platform are available at Our section on Participation. Further, each Game may be subject to its own Game Rules and Code of Conduct.
• Please note that We have the sole discretion to determine the terms applicable on any Contest including the Awards to be given in any Contest. Further, the Entry Fee for any contest is non-refundable and may only be refunded under the circumstances stated in Our Return, Refund and Cancellation policy.
• Winnings may be withdrawn by You from Your account, subject to the completion of KYC verification and will be subject to TDS deductions.
• Only skill-based games are available on Our Platform. To understand more about the nature of games offered on Our Platform please refer to the Games of skill section.
• We further request that You follow the precautions laid down in Our Safety section while playing Games on Our Platform.
• While using the various communication channels provided on Our Platform You must abide by rules stated in Our Community rules and code of conduct section.
• You may not use the Platform in ways stated in Our Restrictions section. You will indemnify Us in the event We suffer any losses on account of Your use of Our Platform or Your failure to abide by this Agreement.
• Circumstances under which Your access to the Platform or this Agreement may be terminated are stated in the Termination section.
• Your use of this Platform is completely at Your own risk. We disclaim all warranties in relation to the Platform.
• Pocket52 reserves the right to terminate any User’s Account and/or deny access to the Platform if it is brought to Pocket52’ notice that a particular User has violated the Agreement including any of these Terms of Use.

You agree not to:

• violate the terms of use and other policies of Pocket52 Website;
• impersonate any person or entity, falsely claim, or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, misrepresent the source, identity, perform any similar fraudulent activity or otherwise avail Services with what that we reasonably believe to be potentially fraudulent funds;
• infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
• post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;
• post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
• refuse to cooperate in an investigation or provide confirmation of your identity or any other information provided by You to Pocket52;
• remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Website or features that enforce limitations on the use of the Services or the Website;
• intentionally interfere with or damage the operation of the Services or the Website or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
• use any robot, spider, other automatic devices, or manual process to monitor or copy the Website without prior written permission;
• use any robot, spider, or other automatic device or software to use your login and play on the Website;
• provide false, inaccurate or misleading information;
• use the Website to collect or obtain personal information, including without limitation, financial information, about other users of the Website, except and only as expressly provided in the terms of use;
• Copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;
• Sell, assign, sublicense, transfer, distribute or lease the Software;
• Make the Software available to any third party through a computer network or otherwise;
• Export the Software to any country (whether by physical or electronic means);
• Use the Software in a manner prohibited by applicable laws or regulations or contrary to Pocket52 policies mentioned on the Website.

(Each of the above action, in isolation or conjunction, shall be construed as “Unauthorized Use”)

You will be solely liable for any damage, costs or expenses arising out of or in connection with any Unauthorized Use of the Software.

SCOPE OF LICENSE

The Software is licensed, not sold. This agreement only gives you right to use the Software. Pocket52 reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Software only as expressly permitted in this Agreement. In doing so, you must comply with any technical limitations in the Software that only allows you to use it in certain ways.

SOFTWARE MODIFICATIONS

The user may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way. From time to time, Pocket52 / Website may automatically update or otherwise modify the Software, including, but not limited to, for purposes of enhancement of security functions, error correction and improvement of functions. Such updates or modifications may delete or change the nature of features or other aspects of the Software, including functions you may rely upon. You hereby agree that such activities may occur at Pocket52’s sole discretion and that Pocket52 might make continued use of the Software conditional upon your complete installation or acceptance of such updates or modifications. Any updates/modifications shall be deemed to be, and shall constitute part of, the Software for purposes of this Agreement. By acceptance of this Agreement, you consent to such updates/modifications.

The Software is licensed as a single product. Its component parts may not be separated unless expressly authorized by Pocket52.

You may not bypass, modify, defeat or circumvent any of the functions or protections of the Software or any mechanisms operatively linked to the Software.

You may not remove, alter, cover or deface any Trademarks or notices on the Software.

PRIVACY

Our Privacy Policy explains how Pocket52 collects, processes, uses and discloses registration information and other Personal Information about you. For the definition of Personal Information and full details, please see our Privacy Policy at https://www.pocket52.com/privacy/y (“Privacy Policy”).

COPYRIGHT

All title and copyright in and to the Software (including but not limited to any images, photographs, animation, video, audio, music and text incorporated into the Software), and any copies of the Software, are owned by Pocket52, its affiliates or their suppliers. All rights not specifically granted in this agreement are reserved by Pocket52.

Pocket52 is only permitting the user to use the Intellectual property to play the games and use other services offered and under all circumstances the user is strictly prohibited to use the intellectual property otherwise, which includes but is not limited to copying, reproducing or transmitting any media known to/ or will be known to humankind of the intellectual property. Website does not grant the user any rights whatsoever with respect to its or its Affiliates intellectual property by allowing him/her to play games on the Website and use other services on the Website.

DESCRIPTION OF SERVICES OFFERED

www.Pocket52.com is an online gaming Website offering real money skill and learning based digital games, providing the best software and an impeccable customer experience for gaming enthusiasts to play various variants of skill based games online in India (subject to restrictions that are placed in certain states, or might be placed by other states in the future).

In relation to cards as Games are being played, the Software ensures that all players receive randomly generated cards (without favouring any player) and that all settlements at the end of each hand are automatically processed and credited to the player’s account, as described further below.

NATURE AND USE OF THE PLATFORM

Pocket52 provides the Platform to You on which You can play Games either offered by Pocket52 or independent Third-Party Game Developers. The Platform is designed to provide You an in-app browsing experience through an embedded browser. These Games run online over the Platform and do not have to be separately downloaded or installed.

Registration You may register by approving and agreeing to this Agreement and providing Your registered mobile phone number on the Platform. You will be verified by Pocket52 using a one-time password (“OTP”) system. Upon successfully verifying the OTP, an account will be created for You (“Account”).

The Users acknowledge that their User Details will be accessible to other User on the Platform and shall be available for Pocket52 to create promotional and interactive content over the Platform.

Your Account is for Your personal use only. You shall not impersonate someone else. By creating an Account after providing a mobile phone number and verifying it using an OTP, You represent, warrant, and agree that You are authorized to use the Platform and will abide by the Agreement.

GAMES OF SKILL

• The Games hosted by Pocket52 on the Platform are all Games of Skill (defined below). Different Games will reward different skills, but each game will reward certain skills, such as knowledge of the game, familiarity with rules, experience, reflexes, experience, practice, hand-eye coordination etc.
• Users must note that all Games available on the Platform are games where the success or/and performance of the Users depends predominantly upon their superior knowledge, training, attention, experience and adroitness (“Games of Skill”) in playing the game. ‘Games of Skill’, under Indian law, are excluded from the ambit of gambling legislations including, the Public Gambling Act of 1867 and other state enactments except in the Restricted States.
• Hence, the individuals residing in the Restricted States should not participate in any Contest or Games offered on the Platform. Any participation by such individuals shall be at their sole risk and discretion and Pocket52 shall not be liable to refund or reimburse any injury or damages suffered by such individuals.
• Pocket52 reserves the right to monitor all activities from the User’s Account on the Platform. If any User participates in any Contest or Games in violation of any central and/or state law(s) in India, Pocket52 reserves the right to cooperate with law enforcement agencies of the relevant state and report such participation or/and suspicious activity along with all relevant details of the concerned User.
• Pocket52 does not support, endorse or offer to any User ‘games of chance’ for money. Each Game and Contest available on the Platform has clearly defined rules and code of conduct. All Users are encouraged to read, understand and follow these rules to be successful in these games. Pocket52 shall not be liable if Users do not adhere to the Game Rules or otherwise engage in gambling or betting activities on the Platform.

DEPOSITS

In order to participate in certain Contests/tournaments, the Users may be required to pay an entry fee in the form of cash (“Entry Fee”). Users may add cash to their account by using any of the payment modes available on the Platform.

Each User is solely responsible for all activities that occur under their account, including the use of any of the Services on the Platform.

Pocket52 grants such Users a non-transferable, limited, non-exclusive and revocable privilege to register an account on and use the Platform.

If Pocket52 identifies that the same User Details are being used under multiple accounts, then Pocket52 at its sole discretion will terminate/deactivate the account without the Users’ consent and any deposit in the account will not be refunded.

Pocket52, at its sole and absolute discretion and without any notice to the Users, reserves the right to restrict, suspend or terminate any account or access to the Platform temporarily or permanently to any User.

Pocket52 may, at its sole and absolute discretion restrict, change, suspend, or terminate any User’s access to all or any part of the Platform, including but not limited to:

a) reject, move, or remove any material that may be submitted by the User;

b) move or remove any content that is available on the Platform;

c) deactivate or delete an account and all related information and files on their account;

d) establish general practices and limits concerning use of the Platform and the services; and

e) assign its rights and liabilities with respect to all accounts hereunder, to any entity.

Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no ownership or other interest in their account, and further acknowledge and agree that all rights in and to their account are and shall forever be owned by and inure to the benefit of Pocket52.

User to understand that, deposit transactions may fail sometimes if the respective bank is having downtime at the time of transaction is initiated. If this happens, the deposit may get reversed/failed. In such a scenario, the bank takes 7 – 10 working days to update the reversal statuses. You don’t need to worry – if the transaction is reversed/failed, the funds will be credited back to your source account in 7 – 10 working days.

PARTICIPATION IN CONTEST

1. “Contest” is a skill based competition offered by Pocket52 on the Platform in which Users compete either in a tournament or 1v1 battle by playing the Games on the Platform. Contests can be either ‘paid’ or ‘free to play’. Paid Contests require the Users to pay an Entry Fee for participation, whereas free to play Contests are open to all Users without an Entry-Fee.
2. The Users may use the Platform to participate in a variety of Contests available on the Platform.
3. In order to participate in a Contest, each User may be required to pay an Entry Fee to the Platform which is deducted from the Balance available in the Account of the User.
4. Each Contest has a predetermined limit on the number of Users that can participate and a specified time before which entries must be made. A Contest is deemed to be a valid Contest on the Platform, only if the requisite number of Users register for the Contest before the prescribed entry time.
5. Any amount received by Pocket52 as Entry Fee for participation in a Contest shall be non-refundable, except in the event that a Contest has been cancelled.
6. Contests shall be announced by Pocket52 from time to time in any manner that is convenient to the Company, and Pocket52 reserves the right to extend the participation and time limit for registration, cancel any Contest, and modify any terms, all with due notice to the Users of the Platform.

Winnings

• Awards for all Contests shall be pre-declared at the time of registration in the specific rules applicable to such Contest. Awards may be in the form of Pocket52 Tokens, cash or promotional gifts.
• Users are eligible to withdraw from his/her Account to his/her respective bank/wallet account once it is KYC (Know Your Customer) verified.
• KYC verification is mandatory for making withdrawals from Your Account to Your bank account. KYC verification may be done through the Platform by providing certain details: (i) PAN Card Details of the User; and (ii) Relevant Bank Details of the User.
• The User is required to furnish details pertaining to his/her PAN Card, Beneficiary Bank Account, and Email, in order to avail the facilities provided by the mechanism of vault redemption. The concerned mechanism shall only be initiated once the details furnished by the User have been duly verified.
• The User will be granted a onetime Signup Bonus amount by Pocket52, after the details furnished by the User with regards to his/her email, PAN Card and Username have been duly verified. In light of the aforementioned, Pocket52 will also provide the User with a default Username at the time of Signup, and the same should be changed by the User before availing the benefits of the said Signup Bonus.
• Pocket52 would allow the User to change his/her username only once throughout the User’s entire span of usage of the Platform.
• Pocket52 does not issue receipts for entries in the Contests. The entries are accounted for within the Account on the Platform. It is the responsibility of the Users to ensure that the entries are accurate and the Winnings are duly credited to his Account.
• When a user deposits any amount, 8% of it will be locked (not withdrawable and can be used in gameplay), user will have to play on cash tables or even tournaments, and generate rake equivalent to the locked amount to unlock the entire amount. For one rupee of rake generated one rupee will be unlocked. For tournaments, the unlock will happen when the payouts happen as soon as the tournament finishes.
• Any tax/levies/duty etc., as applicable on material prizes, shall be paid by the winner of the game. Tax deduction at source (TDS) at the rate of 30% shall be applicable on all net winnings i.e., the difference between total withdrawals in a financial year and total deposits in the same financial year. A 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 at the time of withdrawal of net winnings and at the end of a Financial Year on the remaining balance of your net winnings.

Return, Refund and Cancellation

• In the event that there is an error in the Services provided by us, we may refund the Entry Fee, provided the reasons are genuine and proved after investigation by Pocket52.
• Please read the rules of each Game and Contest before participating.
• We do not cancel registrations once entered, however, in case of exceptional circumstances wherein the fault may lie with the payment gateway or from Our side, We will cancel your participation on request and refund the Entry Fee to You within a reasonable amount of time.
• In case we cancel your participation in any Game or Contest as a result of this, We will return Your Entry Fee to You within a reasonable amount of time for You to redeem the same by playing other Contests on Pocket52.
• We will try Our best to create the best user experience for You. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase and in case of payments made through a payment gateway, payment refunds will be made to the same account.
• In order to comply with extant law relating to deposit regulations, please note that the Users must withdraw any idle Balance lying in their Account within 365 days of having won a particular Contest. Similarly, Users must use any money in their Account within 365 days. If not, the said Balance will have to be forfeited by Pocket52.

POKER: GAME RULES AND CODE OF CONDUCT

A. PRICING OF PRODUCTS AND SERVICES OFFERED

The charges are levied in the following forms:-

1. Rake Charges: The Website/POCKET52 will be levying a service fee (also referred to as a “Rake”) on the pot in each poker hand from cash games played on the Website or applications downloaded from there. https://www.pocket52.com/rake-structure/ describes the current Rake charges. The rake charges levied are subject to change from time to time, and Users will be kept updated by suitable modifications to the same webpage and through responses to specific requests made through Customer Care. More details can also be obtained by writing to our Customer Care at support@Pocket52.com. or by using the chat option available on the Website.
2. Entry Fees in Tournaments: This fee will be charged on all tournaments, including Sit n’ Go tournaments, and will be displayed in the tournament lobby. This amount will be charged from interested Users who have registered for the above-said tournaments at the beginning of the tournament itself. The entry fees 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 support@Pocket52.com. or by using the chat option available on the Website. The Website/POCKET52 will not be liable to pay back any such charge once a user has registered for a tournament.

B. WEBSITE SERVICES NOT PERMISSIBLE IN STATES OF Tamil Nadu, Andhra Pradesh, Arunachal Pradesh, Assam, Gujarat, Nagaland, Odisha, Sikkim or Telangana

The Website/POCKET52 specifically prohibits Users in the Restricted States from accessing the Services . There may be applicable penalties imposed on such Users by the respective State Governments or the Central Government of India as the case may be. The Website/POCKET52 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 registered user of the Website by giving false and misleading information, he/she alone will be liable for violation of various laws of India, including the Laws of the respective States. The Website/POCKET52 reserves the absolute and unconditional right to terminate such users’ membership without any notice and confiscate all their deposit and winnings as the case might be. Users/Players accept that Website/POCKET52 will not be liable for User’s violation of Laws of India and various States and further that the Website/POCKET52 can initiate legal proceedings against them for violating this agreement.

Users confirm to us that they are not residents of Restricted States or any other Indian states which prohibits its residents from playing/ participating in Games of Poker. Our policies do not allow residents of Restricted States to create their player login accounts with the Website. Our decision in this regard will be final and no consideration whatsoever will be extended to the User. Users are responsible for ascertaining the respective state law and local law and Users are responsible for any such breach of state and local law regarding accessing the Website and using any of its Services. You undertake, accept and agree that POCKET52 and Website will not be held responsible or liable for any such breach committed by you under the applicable laws.

C. SERVICES NOT OFFERED TO USERS BELOW THE AGE OF 18 YEARS

Our services and products are not available to anybody under the age of 18 years on the date of them registering on the Website. Also, it is strictly prohibited for any user under the age of 18 years to play games or avail any services as offered by us on our Website or applications. We reserve the right to request proof of age at any stage to verify that people below the age of 18 years are not using the service and we may exclude a person from playing or availing the services as offered on the Website if proof of age is not provided or if the Website/POCKET52 suspects that a person using the service is under-age of 18 years. If any person over the age of 18 years allows another person under the age of 18 to use their login/membership to avail of the Services, then the Website/POCKET52 reserves the right to immediately terminate that user’s membership and confiscate all their deposit and winnings as the case might be. Users accept that Website/POCKET52 will not be liable for User’s violation of Laws of India and various States in this regard, and further that the Website/POCKET52 can initiate legal proceedings against them for violating this agreement.

D. CHIP-DUMPING

Chip-dumping occurs when any User intentionally loses a hand in order to deliberately transfer his chips to another User. Any User who chip-dumps or attempts to chip-dump with any other User, or who benefits from such actions taken by another User while using the Service may be permanently banned from using the Service and their account may be terminated immediately. In such circumstances, Pocket52 will be under no obligation to refund any monies that may be in such Users’ accounts at such time and Pocket52 / Website will have the right to initiate legal proceedings against the offending player.

E. ALL-In Cover

• Introduction: All-In Cover is a unique feature available to the Users, exclusively for the cash game of Poker (inclusive of all variants of Poker), that gives you the choice to secure the pot when one of the Player is all-in and there is no further action left to be taken by any Player, after the other Player (other than the all-in player) has taken his action(“All-In Cover Feature”). All-In Cover feature allows you to combat variance at the time of showdown by securing the portion of the pot based on your equity in the hand. It is hereby clarified that a Player’s hand’s equity would mean the probability (calculated in percentage) of the concerned Player in winning the hand after the concerned Player goes all-in. Further, please note that we will deduct an All-In Cover fee (“All-In Cover Fee”) from the Players who opt-in for the All-In Cover Feature.
  All-In Cover Feature shall only be made available to the Player who has equity in the hand of more than 50% (“Favourite Player”). Furthermore, the All-In Cover Feature should be availed by the Player within the prescribed time limit as shown in the platform, as and when the All-In Cover Feature is made available to such Player. It is hereby clarified that, subject to deduction of All-In Cover Fee, in a heads-up hand, if the Favourite Player avails the All-In Cover Feature, the concerned Favourite Player will only receive such portion of the pot (post deduction of the Rake fee) (“Net Pot”), as equivalent to his equity in the hand (for e.g., if the Net Pot is Rs. 100, and the Favourite Player’s equity in the hand is 80%; upon availing the All-In Cover Feature, the Favourite player would only get 80% of the Net Pot i.e., 80% of the Net Pot –(less) All-In Cover Fee), however, the other player will still be eligible to win 100% of the pot (excluding Rake fee), and the community will be dealt as standard.
• Features: The following information shall be displayed to the Players as and when the All-In Cover Feature is made available to the concerned Player:
  • Main Pot – the total amount of the pot to which the All-In Cover feature shall apply;
  • Timer – depicting the timer within which the Player shall opt for the All-In Cover Feature;
  • Favourite’s hole cards – the hole cards held by the Favourite Player in the hand;
  • Community Cards – the flop (and/or turn) runout of the board so far;
  • Underdog’s Hole Cards – the hole cards held by the underdog in the hand;
  • All-In Cover Pot Amount – The amount that the concerned Favourite Player shall get on choosing the All-In Cover Feature, irrespective of the result of the hand.
• Conditions/limitations: Following are the necessary conditions/limitations for availing of the All-In Cover feature:
  • There should be only 02 (two) players present in the pot;
    (It is hereby clarified that there may be more than 02 (two) Players present in the table when the game starts, however, the All-In Cover Feature shall only be made available to the Favourite Player when there are only 02 (two) Players left in the Pot/game)
  • There should be no side pot or any other pot on the table, only the main pot shall be present;
  • All-In Cover Feature shall exclusively be made available to the Favourite Player, only;
  • The total value of the main pot should be at least 10 times the amount of the big blind;
  • If the Favourite Player chooses to avail the All-In Cover Feature, such Player shall only claim/receive their equity share of the pot, and shall not receive any extra percentage of the pot;
  • If the Favourite Player declines the All-In Cover Feature, the hand continues as standard;

  Note: For quick in-app action and trusted calculations, all Players’ equity is computed based on millions of possibilities by the Pocket52 software, which is one of the most accurate estimates in the industry, i.e., 99.99% accurate.

F. TOURNAMENT LATE REGISTRATION POLICY

Pocket52 poker tournaments will not distribute prize money when a tournament is in the late registration phase. The tournament will keep on running till the late registration period is over.

If the tournament is left with only one player then that player has to wait for the late registration period to get over to receive the prize money.

This policy has been made to keep the tournament gameplay fair to all the players irrespective of the joining time in the tournament

G. TOURNAMENT CRASH POLICY

1. Refund Policy

If a tournament has to cancel for any reason, Pocket52 will make a concerted effort to compensate players in the fairest and most equitable way possible. There are three different possible compensation methods, depending on the exact circumstances and timing of the cancellation. The method to be applied shall be the sole discretion of the Tournament Management.

1.1. Rollback (Before the Late Registration Ends)

In this case, the site is “rolling back” the tournament as if it never happened – if players were registered for the tournament, they get their buy-in and fees (including rebuys, add-ons, and knock out entry if any) refunded. Also, the buy-in is refunded in exactly the same format with which they bought in. For instance, if one bought into a tournament using a Ticket, then he will get the ticket back which can be redeemed for an equivalent cash prize.

1.2. Roll Forward (After Late Registration is Over but No Players in the Money)

Roll Forward means that the site is distributing the money from the tournament based at least partially on the results. Let’s say that if a tournament is cancelled and the Site does a “roll forward” before the players are in the money, it refunds each remaining player his tournament fee (and knockout bounty if appropriate) and then divide up the prize pool based on the following formula:

1.2.1. 50% (fifty per cent) of the award pool is distributed evenly among all remaining players; and

1.2.2. 50% (fifty per cent) of the award pool is distributed proportionally according to the chip count.

1.3. Roll Forward (Players are in the Money)

When a tournament is cancelled, and players have already reached the money, the Site refunds each remaining player his tournament fee (and knockout bounty if appropriate), and then divide up the prize pool based on the following formula:

1.3.1. Each player receives the minimum prize not yet awarded at the time of cancellation

1.3.2. The remainder of the award pool distributed is distributed proportionally according to the chip count

• Note that if a player busts out before the tournament is cancelled, he receives no refund of his entry fee.
• And if the Player was placed in the money before the tournament was cancelled, he keeps that money.

ACCOUNT CREATION AND MAINTENANCE

Users can only have one account on the Website, which must be opened by providing correct, true and up-to-date information about the account holder and should be operated by the User himself/herself only. You shall not use the Website through another User’s account intentionally or unintentionally and you shall not open more than one account on the Website, whether using the same or other identification proofs. If any User fails to comply with this condition, the Website/POCKET52 shall be entitled to cancel his/her accounts immediately and will bar him/her from using the Website in future.

SHARING OF PASSWORD

Sharing or distribution of the password with any other user/ person/ group or any third party is strictly prohibited. POCKET52/Website is not responsible if your account is accessed or opened by others using your password. You are held legally responsible and liable for all of your activities on the Website made from your account.

You understand that it is your obligation to protect the information you have provided on the Website including, but not limited, to usernames, passwords, email addresses, contact details, and telephone numbers. You explicitly understand and agree that we will not incur any liability for information provided by you to anyone which may result in your account on the Website being exposed or misused by any other person or any other harm or loss being suffered by you.

DISCONNECTIONS AND TECHNICAL ISSUES

All transactions, including pots won and lost, are posted to players’ account at the completion of each hand. In the event of a server crash that for any reason causes a hand to be incompletely recorded in the Company’s database, all of that hand’s participants’ accounts will be restored to the way they were at the beginning of the hand. Such a hand shall be declared a misdeal, with all associated blinds, antes and bets returned to the players.

The Website/POCKET52 shall not be held responsible for any liability to any disconnection, lag, freeze or interference in the network on the user’s computer or any other external networks. The User hereby agrees and acknowledges that in no case, other than a server crash, the Website/POCKET52 is accountable for his or her disconnection(s) from the server. The User expressly agrees that in no case does the Website/POCKET52 accept any liability for consequential damages of any kind due to your inability to complete a hand / a tournament including due to technical failures, and in all such cases the maximum recourse available is a full refund of any money invested in that hand/tournament/Contest. You acknowledge that your participation in any game/tournament available on the Website is purely voluntary and is at your sole discretion and risk. You understand and acknowledge that once a game/tournament/Contest has commenced, not being able to play due to slow internet connections, faulty hardware, internet connection failure, low computer configuration or for any other reason not attributable to POCKET52/Website will not necessitate a refund of the entry fee you may have paid for participation.

CASH GAME CRASH POLICY

In the event of a server crash that for any reason causes a hand to be incompletely recorded in the pocket52 database, all of that hand’s participants’ stacks/wallet will be restored to the way they were at the end of the previous complete hand, Such an incomplete hand shall be declared a misdeal, with all associated blinds, antes and bets returned to the players.

THIRD PARTY CONTENT

POCKET52 will not stand the use of any abusive or offensive language on our chat boards or any other platforms. Also, you are not allowed to make false or damaging comments with regard to Pocket52 in any media or forum.

We hold the right to reject or delete any text, files, images, photos, video, sounds, or any other material that breaches the terms in accordance with our third party content policy posted by you on any platform.

Any violation may result in removal of the third party Content, a suspension of your use of the Services and/or any suitable action as may be required by us to ensure the agreement.

Please beware of phishing attacks, spoofed emails and links from external third party sources but claiming to be from Website or POCKET52. Website/POCKET52 is not responsible for such emails/messages and/or any loss arising out of clicking on links contained in them.

IMPERSONATION AND UNAUTHORISED DEALINGS PROHIBITED

The Website/POCKET52 does not tolerate any illegal and unauthorized activities on or against the Website by either Users or any unrelated third parties. All Users are absolutely prohibited from impersonating another person/User/Player or deal in any other manner that is prohibited by the Laws of India and other Jurisdictions. All necessary steps have been taken in order to ensure fair play on the Website. We will prevent you from colliding with other players in order to win/lose. When you agree to the terms and conditions mentioned here, you agree that you will not play any game in a partnership or by communicating with other players, which may give you the benefit over other players. If we have reasonable grounds to believe that a User has indulged in any prohibited activities or has committed any Crime or Cyber Crime, Website/POCKET52 may in its sole discretion, but without any Legal Obligation to do so, initiate appropriate Legal Proceedings against the offender as well as notify the same to any Regulatory or Law Enforcement Agency of India or Foreign Jurisdiction. Website/POCKET52 may also suspend or terminate the User’s account and other privileges for the use of the Website.

CRIME AND CYBER CRIME REPORTING BY USERS

Users are under an absolute obligation to inform Website/POCKET52 about any Cyber Crime and Cyber Contravention involving their accounts. If any Users fail to inform the Website/POCKET52 within 48 hours of the commission of a Cyber Crime or Cyber Contravention, Website/POCKET52 shall not be under any obligation to extend any sort of assistance to them. The User alone is responsible to investigate, prosecute and file necessary legal actions and proceedings against the Cyber Criminals and other Offenders and Website/POCKET52 shall in no case be responsible to share the financial and investigation burdens of the User. Website/POCKET52 will, however, endeavour to support Users in investigating such instances of Cyber Crime, if any, to the best of its ability.

CRIME AND CYBER CRIME REPORTING DIRECTLY BY AUTHORITIES

In case of any transaction engaged by a user or attempted to engage in fraudulent activity reported by Cyber Crime directly to Website/Pocket52 then Pocket52 shall be entitled to take such action as it sees fit, including, but not limited to:

• Immediately blocking a User’s access to the Service and shall inform the user via email / phone
• Terminating a User’s account with Pocket52
• Seizing the funds within a User’s account
• Disclosing such information (including the identity of the User) to the Cyber Crime, relevant authorities and/or any person or entity that has the legal right to such information within 2 working days from the date of reporting

However, incase of investigation favors the user at a later date and based on the confirmation obtained from the reported authorities, the user account will be unblocked and allowed to access the website & play.

OBJECTIONABLE CONTENTS POLICY

Users are not allowed to post objectionable text, audio or video content on any part of the Website including their usernames, profiles, and any chats whether public or private. 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. The users/players shall bring to the notice of the Website/POCKET52 or the grievance department at support@Pocket52.com. immediately so as to enable the Website to act upon such information as it deems proper in accordance with its Policies. Users are not allowed to make false or damaging comments with regard to the Website/POCKET52 in any media or forum and Pocket52 holds the right to reject or delete any text, files, images, photos, video, sounds, or any other material posted by you on any platform if it breaches the terms in accordance with our third party content policy. Any such violation by any User may lead to terminating and suspending their account and confiscating the money deposited therein. The decision taken by Pocket52 and its Management in this regard shall be final and binding on the User and the User specifically agrees that Website/POCKET52 will not incur any liability under any circumstance whatsoever with regard to the same. The User should beware of spoof emails and links from external third party sources but claiming to be from the Website/POCKET52 and the Website/POCKET52 shall not be responsible for such emails/messages and/or any loss arising out of clicking on links contained in them.

RESTRICTIONS ON YOUR USE OF THE PLATFORM

You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:

• belongs to another person and to which you do not have any right;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• harms minors in any way;
• infringes any patent, trademark, copyright or other proprietary/intellectual property rights;
• promotes cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) and like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder; threatens critical information infrastructure;
• that is relating to or encourages money laundering or gambling or violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
• impersonates another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• 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 cognizable offence or prevents investigation of any offence or is insulting any other nation; or
• is misleading or known to be false in any way.

User Obligations

You are a restricted user of this Website.

• You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Platform or any component or content thereof, available to third parties without the permission of Pocket52.
• You will not circumvent or disable any digital rights management, usage rules, or other security features of the Platform; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platform; and not use the Platform in a manner that threatens the integrity, performance, or availability of the Platform.
• You will not attempt to or engage in any activity that may:
  • reverse engineer, decompile or otherwise extract the source code related to the Platform or any part thereof, unless it is expressly permitted by Pocket52 to You in writing or is required by the Applicable Law;
  • use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Platform or content thereof;
  • collect information about Users for any illegal or unlawful purpose;
  • create any Account by automated means or under false or fraudulent pretenses for using the Platform;
  • transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platform;
  • use the Platform in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Platform, or interfere with any other Users’ use and enjoyment of the Platform;
  • carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Platform or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Platform or any part of the Platform or any User of the Platform;
  • forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Platform; and/or
  • obtain any materials or information through any means not intentionally made available, in the opinion of Pocket52, through the Platform.
• You will not impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any Person or entity, including, but not limited to Our officials, employees, agents, partners, affiliates, dealers and franchisees.
• If We detect any activity from Your User Account that is fraudulent, suspected to be defrauding the Platform, or if You are found colluding or participating in any kind of fraudulent activity on the Platform in any manner, then You shall be debarred from participating in any Contest/tournaments available on the Platform.
• We reserve the right to deactivate or delete Your Account and all related information on it and forfeit related Balances and/or take any other appropriate action, at our sole and absolute discretion, in the event of any fraudulent, illegal or suspicious activities from Your Account on the Platform.
• Any deductions or forfeiture of Balances made from Your Account shall be made at Our sole and absolute discretion and shall not result in any liability on Pocket52 whatsoever. We may choose to provide a right of appeal to the User after deleting, closing or forfeiting the balances in his/her Account. However, such right shall be provided at the sole and absolute discretion of Pocket52 and the User shall not claim such right or any other recourse from Pocket52.
• You are also responsible for any breach of Your obligations under the Agreement and/or for the consequences of any such breach.

ONLINE BANKING TRANSACTIONS AND PAYMENT RULES

When the Users use Services as provided by the Website/POCKET52, they will be required to send money to us and may be required to receive money from us. To process such financial transactions, the Website/POCKET52 may use third-party electronic payment processors or service providers (ESPs). You permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be bound by the terms and conditions of use of each ESP, as appropriate. In the event of a conflict between these Agreements and the ESP’s terms and conditions, these Agreements shall prevail.

Users understand that the Website/POCKET52 will not accept payments or deposits from any bank accounts that are domiciled outside of India, or credit cards/debit cards linked to such bank accounts, or otherwise issued by financial institutions based outside of India. In no case will any payments or deposits be accepted in any currency other than Indian Rupees. All payouts will be made only in Indian rupees to Indian bank accounts. Also, the user should ensure that the instrument used to make the payment is his/her own and is used to add balances into his/her user account only.

Users understand and acknowledge the fact that Pocket52 is not a bank, a financial institution, or a non-banking financial corporation, and that the balance standing to the credit in a User’s account does not accumulate any interest. All player/user funds are held in trust by us in specified bank accounts. Funds held in user accounts are held separately from our corporate funds. Even in the highly unlikely event of an insolvency proceeding, your claims on your deposits will be given preference over all other claims to the extent permissible by law.

Users also understand and agree that their accounts maintained with us are purely for the purpose of payment of the entry/subscription fee to participate in games/tournaments made available on the Website and for settlement of prizes that any player may win. You may not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your User account, any content, currency, cash balance, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Website or by using any Services. The Website does not allow any transfer of funds or point balances directly from one user to another except as the outcome of a game/tournament.

It is the sole responsibility of the Users to administer and manage the Online Banking and Financial Transactions and Payments for accessing the Website. Users are solely responsible for acquainting themselves with, and complying with, all applicable Laws of India, including those pertaining to online payments and transfer of funds through online and offline methods. Users have to be sure that they are complying with the requirements and regulations as framed by Reserve Bank of India (RBI) from time to time and 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 and Pocket52 shall not be held liable in this regard.

PARTICIPATION IN SERVICES PROVIDED BY THE WEBSITE

Each User understands and accepts that his/her mere participation in a game/tournament available on the Website does not create any obligation on Website/POCKET52 to give him/her \a prize. Poker is a game of skill and User’s winning is predominantly dependent upon the skills displayed and used by the winning Users. Users acknowledge that there might be a risk of monetary loss due to the nature of the Services. Users acknowledge this risk, and their access to and use of the Website is completely voluntary and is at their sole discretion and risk. The Website/POCKET52 will not be liable for any loss incurred by the User whatsoever, and the User voluntarily acknowledges the same. Users also agree to receive messages and telephonic calls from time to time on various feature updates and promotional communication on Pocket52.

USERS’ TECHNOLOGICAL SPECIFICATIONS

Users understand and acknowledge that they have the requisite skills, technological knowledge and technical infrastructure to play games on the Website. These Users Technological Specifications and requirements shall be maintained by the Users at all times from the stage of accessing the Website to the finishing of the game successfully. Once a game/tournament has commenced, not being able to play due to slow internet connections, data or telecom connectivity issues, faulty hardware, internet connection failure, inadequate memory space/disk space / other computer configuration issues or for any other reason shall not make Pocket52 liable in any manner whatsoever. The website shall also not be liable to refund the entry fee the User may have paid for such participation.

WITHDRAWAL POLICY

With respect to the aforementioned, the Users understands, acknowledge and agrees to the following:

• User understands, acknowledges, and agrees that the withdrawal facility may be availed by him/her from his/her respective account only, subject to completion of KYC verification, and applicable TDS deductions.
• User understands, acknowledges and agrees that he/she is eligible to withdraw from his/her respective Account to his/her respective bank/wallet account, only after it is KYC (Know Your Customer) verified.
• User understands, acknowledges and agrees that KYC verification is mandatory for making withdrawals from his/her Account to his/her bank/wallet account. The User further understands, acknowledges and agrees that KYC verification may be done through the Platform by providing the following details: (i) PAN Card Number of the User; and (ii) Relevant Bank Details of the User.
• User understands, acknowledges, and agrees that in order to comply with extant law relating to deposit regulations, the User must withdraw any idle Balance lying in his/her Account within 365 days of having won a particular Contest. Similarly, User must also use any money in his/her Account within 365 days as the money would be forfeited by Pocket52 if the same is not utilized within the stipulated time period.
• User understands, acknowledges and agrees that in the event of him/her using the Services as provided by the Website/POCKET52, the concerned User will be required to send money to us and may also be required to receive money from us. To process such financial transactions, the Website/POCKET52 may use third-party electronic payment processors or service providers (ESPs). The User further understands, acknowledges, and authorizes us to instruct such ESPs to handle Account deposits and withdrawals from the User’s account. The User also permanently agrees that in accordance with the User’s requests as submitted, we may give such instructions on his/her behalf. The User agrees to be bound by the terms and conditions of use of each ESP, as appropriate, and in the event of a conflict between these Agreements and the ESP’s terms and conditions, these Agreements shall prevail.
• The User understands, acknowledges and agrees that Depositing and withdrawing without playing any or generating a reasonable amount of rake is a violation of Pocket52’s fairplay deposit and withdrawal policy. The User further understands, acknowledges, and agrees that, consecutive deposits and withdrawals, are and would be, considered as money laundering actions, and therefore, the same are not permitted on Pocket52.
• The User understands, acknowledges, and agrees that an instant withdrawal facility shall be made available to the User and that the same shall be applicable to cases wherein a withdrawal request of minimum Rs. 100 and/or maximum Rs. 1,00,000, has been made by the User. The User further understands, and acknowledges, that the withdrawal facility for the aforementioned amounts shall be initiated by Pocket52 instantly upon receipt of such request from the User. In addition to the aforementioned, the Useralso understands and acknowledges that the instant withdrawal facility might get delayed from the concerned Bank’s end and/or from ESPs’ end, and that pocket52 will not be responsible for any delay that is caused owing to the aforementioned circumstance(s)
• The User understands and acknowledges that withdrawal of an amount exceeding Rs. 1,00,000 will be processed by Pocket52 manually within a span of 24 hours of such request.
• The User understands and acknowledges that the aforementioned requests for concerned withdrawal(s) can only be made for a total of 3 times in the span of 24 hours by the User.
• The User understands and acknowledges that the process of initiating any withdrawal by Pocket52 is subject to delays, caused due to any reason whatsoever.

TDS POLICY

TDS at the rate specified as per the Indian Income Tax Act, 1961 (as amended to date) or as per any other law in force at the time being. The User hereby agrees and acknowledges that the net winnings from Games, tournaments or through any other services as provided by the Website/POCKET52 shall be allowed to be withdrawn only after deduction of applicable TDS. 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 User also agrees to furnish a scanned copy of his/her PAN (Permanent Account Number) duly issued to him/her by the Income Tax Department, Government of India, to deduct TDS as per the rules and regulations of the government of India. The User also agrees and acknowledges that deduction of TDS by Pocket52 does not absolve the User from his or her overall liability to pay all applicable tax on his/her winnings from all games/tournaments played on the Website during the course of the year. The User expressly acknowledges that it remains his/her liability to calculate the total tax due to the relevant tax authorities at the end of the year and to pay any balance tax over and above any TDS that would have been paid on the User’s behalf. A Game for a user ends once he/she withdraws chips from the User Balance and TDS, if applicable as per the regulations, will be deducted on the net winnings at that time. Partial withdrawals from the User Balance is allowed.
Click here to check the TDS policy details.

SAFETY PRECAUTION AND RESPONSIBLE GAMING

• Pocket52 suggests that Users adopt a balanced approach while engaging with any of the Games on the Platform and safeguard themselves against any adverse effects. If played responsibly, Games (like other forms of sports) aim to encourage Users to develop their mental prowess, hand-eye co-ordination, competitiveness and encourage teamwork.
• You should take certain standard health and safety precautions while playing any Game, including taking adequate breaks, sitting at a reasonable distance from the screen, playing in a well-lit environment, and avoiding playing when tired, drowsy, intoxicated or under the influence of drugs. Avoid playing without breaks over long periods of time as this could affect Your performance and could negatively impact hand-eye coordination, balance, and multi-tasking ability.
• The Platform or the Games offered on the Platform may contain flashing lights, realistic images, patterns and simulations which may cause certain side effects. If Your hands, wrists, arms, eyes or other parts of Your body become tired or sore while playing, or if You feel symptoms such as tingling, numbness, burning or stiffness, stop and rest before playing again. If You continue to have any of these above symptoms, please stop playing IMMEDIATELY and consult a doctor.
• If You play any Games on the Platform, give Yourself plenty of room to play and always be aware of Your surroundings. While playing any Game You may be moving around the play area and using Your hands to control gameplay. You must ensure that You are not near other people, objects, stairs, balconies, windows, walls, furniture or other objects that may pose a danger to You or could be damaged during the play. Never handle sharp or dangerous objects while playing any Game on the Platform.
• It is Your responsibility to control Your surroundings and movements at all times when playing the game to ensure that You don’t injure Yourself, any other persons, damage any property etc. Any playing of the Games is at Your own risk and Pocket52 shall not be liable for any death, injury or health complications resulting from Your use of the Platform.
• You agree that Your use of the Platform and to play the Games is at Your own risk, and it is Your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as You deem reasonably necessary for any injuries that You may incur while using the Platform.
• You hereby agree that if the terms of this Agreement are not adhered by You, Pocket52 will be irreparably damaged, and therefore You agree that the Platform shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect to any breach of this Agreement, in addition to any other remedies available under Applicable Law.

EXTERNAL PLAYER ASSISTANCE PROGRAMS AND HEADS UP DISPLAYS PROHIBITED

Pocket52 prohibits any 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 Software), and non-software-based databases or profiles (e.g., subscription services). The User acknowledges that any information on other players beyond that which the User has personally observed through the User’s own gameplay constitutes an unfair advantage.

Pocket52 completely prohibits data mining activities, in any form or manner whatsoever, during the game that is designed to track and display the actions of other players/users on the Website including but not limited to the practice of data mining hands, the use of hands or private results acquired through data mining and the mass sharing of hands, private results or playing statistics for the purpose of analysis of opponents and/or the playing manner of the opponents and/or the playing mechanism in any manner whatsoever.

You agree that Pocket52 may take steps to detect and prevent the use of prohibited EPA Programs and HUDs. These steps may include but are not limited to, examination of software programs running concurrently with the Software on the User’s computer.

AUTOMATIC PLAYERS (BOTS)

The use of artificial intelligence including, without limitation, “robots” or “bots” by Users is strictly forbidden in connection with the Service. All actions taken in relation to the Service by a User must be executed personally by himself/herself through the user interface accessible by use of the Software.

COLLUSION

Forming teams and colluding between you and other user(s) for participating in Games organized/offered on the Platform or any other form of cheating is strictly prohibited. Collusion is when two or more players work together to manipulate a certain outcome or a single individual using multiple accounts to accomplish the same thing, such User Accounts will be terminated immediately.

In the event of complaints received from users within 7 days of game play against players suspected of unfair game play practices, we will do our best to investigate, however, we will not be liable under any circumstances whatsoever for any loss you or any other user may accrue as a result of the collusive or otherwise unlawful activity and we will not be further obliged to take any other actions in any event of suspected collusion, fraudulent behaviour or fraud.

FRAUDULENT BEHAVIOR

In the event that Pocket52 deems that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Service, or any other game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback or money laundering, Pocket52 shall be entitled to take such action as it sees fit, including, but not limited to:

• Immediately blocking a User’s access to the Service;
• Terminating a User’s account with Pocket52;
• Seizing the funds within a User’s account;
• Disclosing such information (including the identity of the User) to financial institutions, relevant authorities and/or any person or entity that has the legal right to such information; and/or
• Taking legal action against a User.

SELF EXCLUSION

After a user’s request for self exclusion, the user account will be blocked within 1 working day.
Also, our team will contact the user to understand the reason, whereas the account will be auto-unblocked at the end of the requested self exclusion period and the users will be notified over the registered email ID post unblock.

MONEY LAUNDERING

Depositing and withdrawing without playing any or generating a reasonable amount of rake is a violation of Pocket52’s fairplay deposit and withdrawal policy.Upon deposit of any amount by a User in the User’s account without application of a Promo code, 8% (eight percent) of the amount deposited shall be locked in and the User cannot withdraw the locked in amount without generating a reasonable amount of rake. Upon deposit of any amount by a User in the User’s account wherein a promo code is used, the locked in amount will apply as per the pertinent promo code.

Consecutive deposits and withdrawals are considered as money laundering actions, which is not permitted on Pocket52.

In such a scenario, Pocket52 reserves the right to withhold any necessary action, as it deems fit, against players found indulging in unfair means. The action could range from monetary penalties, temporary account suspension, withdrawal blocking to permanent account deactivation.

COMMUNICATION

By using this Website, it is deemed that you have consented to receiving calls, auto dialled and/or pre-recorded message calls, e-mails, from Pocket52 at any time with the use of the telephone number and e-mail address that has been provided by you for the use of this Website which are subject to the Privacy Policy. The User agrees to receive promotional communication and newsletters from Pocket52 and its partners.

This includes contacting you through information received through other parties. The use of this Website is also your consent to receive SMSs from Pocket52 at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. The user can opt out from such communication and/or newsletters either by unsubscribing on the Website itself, or by contacting the customer services team and placing a request for unsubscribing by sending an email to [support@Pocket52.com.].

The sharing of the information provided by you will be governed by the Privacy Policy and Pocket52 will not give out such contact information of yours to third parties not connected with the Website.

LIMITATION OF LIABILITY AND DAMAGES

In no event, POCKET52 or its contractors, agents, licensors, partners or suppliers will be liable to You for direct, indirect, ancillary, special, incidental, consequential, punitive, reliance or exemplary damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, loss of anticipated profits or any other pecuniary or non-pecuniary loss , goodwill, use, data, other intangible, or damage of any nature whatsoever loss (even if Pocket52 has been advised of the possibility of such damages), arising out of or relating to: (i) this Agreement or any other policies of the Website; (ii) the Services, the Website or any reference site/app/platform/service; or (iii) Your use or inability to use the Services, the Website(including any and all materials) or any reference sites/app/platform/service, even if POCKET52 or a POCKET52 authorized representative has been advised of the possibility of such damages or (iv) any other interactions with Pocket52.

INDEMNIFICATION

You agree to indemnify, save, and hold POCKET52, its affiliates, contractors, employees, officers, partners, agents and its third-party suppliers, and licensors, harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Services or of the Website; (ii) any violation by You of this Agreement or; (iii) any breach of the representations, warranties, and covenants made by You herein. POCKET52 reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify POCKET52, including rights to settle, and You agree to cooperate with POCKET52’s defence and settlement of these claims. POCKET52 will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

DISPUTES

The User accepts that the historical data of each game pertaining to cards shall be as recorded on the Servers. In the event of a discrepancy between the cards displayed on your computer and the game records on the Server, the latter shall prevail. The User accepts that any hand history or hand replay features of the Software shall not be considered as the official historical record of any hand.

DISPUTE RESOLUTION & GOVERNING LAW

If any dispute, controversy or claim arises under this Agreement or in relation to any Service or the Website, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, POCKET52 may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Bangalore, Karnataka and the language of this arbitration shall be English. Either You or Bangalore, Karnataka may seek any interim or preliminary relief from a court of competent jurisdiction in Bangalore, Karnataka necessary to protect the rights or the property belonging to You or POCKET52 (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor POCKET52 may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and POCKET52. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

WAIVER

The failure of POCKET52 to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by POCKET52.

SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement.

WARRANTY DISCLAIMER

Any User who has registered on the Website is considered to have accepted and understood all the Terms and Conditions. Without prejudice to our Rights and Privileges under the Legal Documents of this Website and as enshrined in the Laws of India and any relevant Foreign Jurisdictions, Pocket52 expressly and by implication claims, and the User expressly, unambiguously and absolutely agrees to the following:

1. CONTENTS OWNERSHIP

   The Services and the Website are owned and operated by POCKET52 and/or third-party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Website provided by POCKET52 (hereafter “Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and POCKET52, all Materials, trademarks, service marks, and trade names contained on the Website are the property of POCKET52 and/or third party licensors or suppliers. You agree not to remove, obscure, or alter POCKET52 or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services/Website. Except as expressly authorized by POCKET52, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. POCKET52 reserves all rights not expressly granted in this Agreement. If You have comments regarding the Services and/or the Website or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to POCKET52, and shall assign to POCKET52, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

2. NO EXPRESS OR IMPLIED WARRANTIES

   Pocket52 does not and never intends to acknowledge or represent the accuracy or completeness or reliability or adequacy of the Website’s third-party content. The content, materials, information, services, and products in this Website, including text, graphics, and links, are provided on an “As Is Basis” and without warranties of any kind, whether expressed or implied. Pocket52 disclaims all warranties, express and implied with regard to the merchantability and fitness for a particular purpose. Pocket52 also does not guarantee that users shall be able to use the Website without any interruption, which could be leading to a loss in continuity.

3. WEBSITE CYBER SECURITY

   Pocket52 will take every possible measure to reasonably secure the Website and its Contents from Viruses, Malware and Harmful Components. However, Pocket52 does not represent or warrant that the Website, or the Server that makes the Website available, is free of such harmful components. Use of the Website, any application downloaded from the Website, and its Services is at the User’s own risk and Pocket52 shall not be responsible for any costs of servicing, repair or correction or any direct, indirect or consequential damages caused to their Computer Systems or other electronic devices and components in case of any Virus/Malware Infection or any other system compromise whatsoever.

4. ADVERTISEMENT DISCLAIMER

   Pocket52 does not endorse the advertisements (if any) hosted on the Website. Users accessing, clicking and responding to advertisements placed on the Website or purchasing any products advertised on the Website must do so at their own free will and risk.

5. AGREEMENT

   If any judicial or quasi-judicial body in India declares or renders any of these Terms or condition to be unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the remaining Terms and conditions will not be affected and the same will remain binding on the Users. This document is an electronic record published in accordance with the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms of Service for access or usage of the website and being generated by a computer system, it does not require any physical or digital signatures.

ACCEPTING THE TERMS OF USE

You hereby confirm the fact that you have read, understood and are willing to abide by the above Terms and Conditions..