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 “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 and awards or other requirements or official directives of any governmental authority, in any jurisdiction, as may be applicable to the relevant person.
1.2 “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.
1.3 “Banking Company” means a banking company as defined under section 5(c) of the Banking Regulation Act, 1949.
1.4 “Barred States” means any state in the territory of India where online gaming has been prohibited under Applicable Laws.
1.5 “Cashback” is an incentive provided by Pocket52 at its discretion, as part of the promotional measure that is first attributable against the Service Fee charged by Pocket52 in respect of a Cash Game.
1.6 “Cash Games” mean Games involving a financial stake, as determined by the participants of that Game, in accordance with the Game Rules.
1.7 “Communication Feature” means the in-game feature that enables users to interact with each other during a Game.
1.8 “Discounts” shall include any Rakeback, Rewards, Cashback, variable discounts, prizes or any other incentives that may be provided by Pocket52, at its discretion, as a part of promotional measure that may be adjusted against the Service Fee chargeable from the user in such manner as may be prescribed under these Terms.
1.9 “Game(s)” means the game of Poker offered on Pocket52 and shall include the various formats, (including tournaments) of Poker available on Our Platform.
1.10 “Game Rules”, for each Game, means the rules and regulations applicable to the Game(s) which are accessible on the Platform .
1.11 “Platform” means the Pocket52 website and related mobile applications on which Games are made available to users in different formats.
1.13 “Account” means the user account maintained with Pocket52, which enables users to play Games and deposit and utilize funds on the Platform.
1.14 “Rakeback” means an amount of Service Fee given back to You under various circumstances such as achievement of targets or doing any activity as recommended by Pocket52 based on the promotional policies defined from time to time. Such Rakeback is to be given against Service Fee generated by You over a period (as determined by Pocket52) on the Platform.
1.15 “Refund” means the reversal of the amounts paid by a user to play a Cash Game, to such user’s Pocket52 Account.
1.16 “Reward Cash” is the incentive earned by a user through other promotional offers such as royalty rewards and Rakeback promotions.
1.17 “Rewards Segment” means the segment where Reward Cash won by a user is credited.
1.18 “Service Fee” means the fee charged by Pocket52 to each user on the value of their financial stake in a Cash Game. The term “Commission” or “Platform Fee” or “Rake” can be used interchangeably with “Service Fee” and shall have the same meaning as assigned to “Service Fee”.
1.19 “Terms” mean the Terms of Service of Pocket52.
1.20 “Wallet” means the segment of the Account to which the money deposited or won by a user less Service Fee is credited.
1.21 “Withdrawable Balance” means the amount in the Winnings segment of the Wallet.
1.22 “Withdrawal/ Withdraw” means the transfer of all or part of the Withdrawable Balance to a user’s designated Bank Account, upon specific instructions by that user to Pocket52 to initiate such transfer.
1.23 “Withdrawal Request” means a request by a user on the Platform to initiate Withdrawal.
1.24 “Winnings Segment” means the segment of the Account to which the winnings of a user from the Cash Games are credited, less the applicable Service Fees and other levies/deductions.
2. Who may use Our Services:
2.1 Our Services are not intended for or offered to any person below the age of eighteen (18) 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 eighteen (18) 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 eighteen (18) 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 and/or the Apple App Store.
3.2 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.
3.5 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, Rakebacks and Discounts. You may withdraw Your consent to receive such communications by sending an email to firstname.lastname@example.org.
3.6 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.
3.7 Winnings, Discounts, Rakebacks and prizes, whether monetary or non-monetary, are unique to each player and are non-transferable. In the event You attempt to transfer any winnings, Discounts, Rakebacks or prizes, these will be forfeited at Our sole discretion.
4. User Identity:
4.1 When You register with Us, You are required to choose a display name which shall be your identity (“User ID”) on the Platform. Your chosen display name is confirmed subject to it being in compliance with these Terms.
4.2 You are prohibited from creating or using multiple accounts on our Platform. If we detect multiple accounts for a single user, we may take penal action, including cancellation of all amounts in relation to Discounts on linked accounts, and suspension of the linked accounts.
4.3 User IDs must not be indecent, objectionable, offensive, or unlawful. User IDs 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 User ID 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.
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.
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 Account, 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 Account, 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 Account and 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 Account 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, Refund, and Cancellation:
7.1 All payments on the Platform will have to be made through your Account, by following the process indicated therein. Deposits made by You are credited to the Deposit Segment, Your winnings are credited to the Winnings Segment and all Discounts and Rakeback are credited to the Rewards Segment. Your Account also provides a record of all transactions made by You on the Platform.
7.2 All transactions You make with Us shall be in Indian Rupees (INR). You are free to deposit funds in the Deposit Segment for the purpose of participating in Cash Games, subject to the following conditions:
- You can only deposit up to INR 5,00,000 (Indian Rupees Five Lakhs only) to the Deposit Segment in a single transaction; and
- 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.
7.3 The deposits made by You in the Deposit segment are purely for the purpose of enabling Your participation in the Cash Games and do not carry or generate any interest or return.
7.4 You cannot transfer any funds from Your Account to the Account of another user, except as may be permitted by Us.
7.5 You hereby represent and warrant that the payment instrument/mode used for adding cash to Your Account, belongs to You.
7.6 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.
7.7 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.
7.8 Once a payment/transaction is authorized and confirmed, and the funds are received by Us, the amount is credited to the Deposit Segment and is available for You to play Cash Games. 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.
7.9 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 to the original source of payment.
7.10 All funds collected from You are held in trust by Us and kept unencumbered in a designated account. By participating in Cash Games You hereby authorize Us to appoint a third party/ Trustee / Escrow Agent to manage the funds deposited by You on your behalf. All funds collected from You are kept unencumbered in designated escrow accounts maintained with our banking partners separate from accounts used by Us for collection of our fees, statutory dues, or for other business/operational purposes. We have also entered into arrangements with trusted third parties who will independently verify, and ensure that the funds paid out from these escrow accounts, is accurate and in accordance with these Terms. Except in case of service fees or statutory dues such as GST, TDS etc., the funds held in the escrow accounts shall not be diverted to Our separate current accounts for any purpose, including operational or business expenses.
7.11 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 Law.
7.12 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.
7.13 A Withdrawal Request will be accepted by Us subject to adequate KYC verifications, alignment with the deposit method, Discount terms/restrictions, 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 can Withdraw all or any part of Your Withdrawable Balance (depending on the Withdrawal method), and applicable taxes.
- You may Withdraw a minimum of INR 100.00 (Indian Rupees One Hundred only) and a maximum of INR 2,00,000.00 (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 Law. We also reserve the right to disburse the amount to the financial instrument/mode used to add cash to Your Deposit 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.
- Discounts and promotional winnings are not directly Withdrawable and are subject to the terms and conditions applicable to their grant.
- Certain Rakebacks can be directly withdrawn and We have the discretion to determine the types of Rakebacks that can be withdrawn subject to the applicable terms and conditions.
7.14 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.
7.15 You may request a Refund of any unutilized funds deposited in your Wallet 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 (2) 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.
- You may raise a Refund request no later than one hundred and twenty (120_ days of adding such funds to your Wallet.
7.16 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.
7.17 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, 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;
- 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 details.
8.3 The KYC documents 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 on Our Platform, You must ensure the following:
- documents are valid;
- the document is clear and legible, and shared in a jpg, jpeg, or pdf format; and
- documents are not password protected.
8.5 The validation of KYC documents may take up to three (3) 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, Prizes and Rakebacks:
9.1 You will be able to use Our Services and gain Winnings and We will process Your Withdrawal Requests in INR to any Indian Bank Account in Your name (subject to KYC verification).
9.2 When You add cash to Your Account, You may be allotted a certain Discount (Cashback or Reward) depending on the existence of ongoing promotional offers. Such Discounts may be dependent on certain conditions, such as Your continued usage of Our Services or participation in Cash Games, and accordingly, a part of the Discounts may be released at the time of gameplay settlement or post gameplay. You understand that the Discounts must be utilised within the stipulated claim period, which may differ based on the ongoing offers and as may be communicated to You at the time of its issuance. Discounts are issued at Our sole discretion and cannot be claimed by You as a matter of right. The release percentage/rate may vary depending on the offer which will be notified to you on the Platform. All applicable terms and conditions relating to the Discount can be viewed by you by clicking on the Rewards icon on the homepage of the Platform.
9.3 You agree that any Discount offered by Us on the Platform would be first released as a discount against the Service Fee.
9.4 Rakeback: You will be awarded certain Rakeback basis the amount of Service Fee generated by You depending on the ongoing promotional schemes. The timeline for which Service Fee generated by you is to be computed is at Our discretion subject to legal obligations as applicable. Such Rakeback are essentially return of the Service Fee generated by You and shall not be construed as Discounts. You understand that the Rakebacks must be utilised or withdrawn, as the case may be, within the stipulated claim period, which may differ based on the ongoing offers and as may be communicated to You at the time of its issuance. Rakebacks are issued at Our sole discretion and cannot be claimed by You as a matter of right. The release percentage/rate may vary depending on the offer, and the user. All applicable terms and conditions relating to the Rakebacks can be viewed by you by clicking on the Rewards icon on the homepage of the Platform.
9.5 We may also offer other promotional offerings in the form of tournament tickets.
9.6 In the event, Your Account is terminated by You voluntarily, or by Us in accordance with these Terms, all Discount and Rakebacks issued to You shall be forfeited and You shall have no further right or interest in such Discount and Rakebacks.
9.7 Any violation of the Platform Policies at any stage may result in disqualification from receiving the Discount and Rakebacks.
9.8 The amounts in the Rewards Cash segment are not redeemable for any other prize, nor can they be Withdrawn directly, unless specified otherwise, or transferred to another user.
9.9 The amounts given as Rakeback can be either withdrawn directly by You or may be utilised by You for playing further Poker games on Pocket52. In case such Rakebacks are utilised towards playing Poker games on Pocket52, the same is to be utilised first against the Service Fee generated by You.
10. Service Fees and Taxes:
10.1 Pocket52 charges a Service Fee on each Cash Game played on the Platform by a User, which may vary depending on the nature of the Cash Game and is subject to change from time to time, as indicated in Clause 10.2 below. We reserve the right to levy different Service Fees for different Cash Games at our sole discretion. https://www.pocket52.com/rake-structure/ describes the current Service Fee. The Service Fee levied are subject to change from time to time.
10.2 Once the total rake cap is achieved, subsequent contribution into pot are not liable to commission.
10.3 Users who fulfill certain specific criteria may, at the sole discretion of Pocket52, adjust the Discounts and Rakebacks received against the Service Fee charged for a particular Game or a set of Games in line with the market conditions, business practices and trade parlance, even after the conclusion of the Game(s). Accordingly, such post-facto Discounts and Rakebacks by Pocket52 will reduce and reverse a part of the Service Fee applicable to a Game.
10.4 Discounts and Rakebacks may be granted to Users on the basis of a number of parameters pertaining to usage of the Platform by the user, including the frequency of Games played, participation in tournaments or special Game types, overall winnings, conduct on the Platform, players referred to the Platform, etc.
10.5 It is clarified that all forms of Discounts, promotional winnings, rebates and Rakebacks offered by Pocket52 to a User shall be first applied to the Service Fee chargeable to such User, and Pocket52 has the right to reduce and vary Discounts, Rakebacks and promotions accordingly. Further, such Discounts, Rakebacks and promotions may be subject to specific conditions, such as usage only in specific types of Games, or restricted usage only after the expiry of a predetermined time period, etc.
10.6 Details pertaining to each Game transaction, including the applicable Service Fee for that Game, will be accessible by You on an information panel made available to You before You initiate a Cash Game. The Service Fee charged shall be inclusive of the Goods and Services Taxes, at the rates mandated under Applicable Law. Variations to Service Fees in the manner set out in this Clause 10, may impact the overall transaction details of a Cash Game, including the taxes applicable thereon, and hence You are advised to periodically check the information panel. If You require any further information on any aspect of the Service Fee, including the tax components thereof, You may write to us at email@example.com
10.7 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. We shall have no liability or responsibility in connection with Your personal taxation matters.
10.8 You hereby agree that it shall be Your responsibility to provide us with correct and accurate PAN details. In case a User fails to provide PAN, Pocket52 shall be permitted to deduct TDS as per applicable provisions of Income Tax Act, 1961 and the rules made thereunder and Pocket52 shall not be liable to issue a TDS certificate and shall not liable for any non-availment of any credit or any other benefit as may be available to the User under Income Tax Act, 1961 and the rules made thereunder .
10.9 Tax invoice and credit note: In case a User wishes to obtain his copy of tax invoice and/or credit note containing the prescribed particulars as per Goods and Services Tax Act and the rules provided thereunder, in respect of a particular gameplay, such tax invoice / credit note shall be provided.
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 against any funds remaining therein (“Inactive Account Fee”).
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 Account may be terminated immediately and any prize, Discounts, Rakebacks 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:
- 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 Account;
- restrict Withdrawals for such user;
- demand compensation for the damages 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 Account and Your gameplay for such period of time as in Our reasonable opinion may be needed to investigate such breach which shall not be for a period of 180 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 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 Account 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 fund in Your Account;
- repatriate the amount to the User or individuals who have been affected by the Fair Play Violation; and
- levy a Fair Play violation fee of an amount up to an amount of INR 10,000 per instance of such Fair Play Violation. You agree that such a fee is not in the form of a penalty but is a reasonable and justifiable cost, manpower, technology, 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 Account or in the event the balance in Your Account 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 Account 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 Account 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 seven (7) 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 Deposit Segment, 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 ten (10) percent of the total funds to be transferred, whichever is higher.
12. Your Representations and Warranties:
12.1 You represent that:
- You are eligible and competent to enter into transactions with other users and Pocket52.
- Any information You provide to Us at any time during the access and use of Our Services, whether at the stage of registration or any time thereafter is correct, complete, up-to-date, and accurate. We shall not be liable against any claim relating to the accuracy, completeness, and correctness of any information You provide Us. We may, at any time and at Our sole discretion, require You to verify the correctness, completeness, and accuracy of such information, and to that extent require You to produce additional documentary proof. Where You fail to provide Us with valid documentary proof, We reserve the right to limit Your access and use of Our Services.
- You will protect the information You provide Us, including Your password used to avail of Our Services. We will never require You to enter or disclose your Account password, except at the time of logging on to Our Services. 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 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.
13. Content and Advertisements:
13.1 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.
13.2 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.
13.3 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.
13.4 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.
14. Disclaimer, Indemnity, and Limitation of Liability:
14.1 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.
14.2 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 Service Fee less Discounts and Rakebacks, paid to Us over the preceding three (3) 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.
14.3 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.
14.4 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.
14.5 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.
14.6 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.
14.7 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.
15. Intellectual Property Rights:
15.1 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
15.2 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.
16. Complaints and Disputes:
16.1 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 firstname.lastname@example.org .
16.2 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.
16.3 The following are the details of Our grievance officer:
Name: Deepak Yadav
Designation: Grievance Officer
email address: email@example.com
17. Governing Law, Dispute Resolution, and Jurisdiction:
17.1 The Platform Policies are governed by and shall be interpreted in accordance with the laws of India.
17.2 Subject to Clause 17.3, any dispute, controversy, or claim against the Us or arising out of these Platform Policies shall be subject to the exclusive jurisdiction of the civil courts at Bengaluru, Karnataka.
17.3 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 thirty (30) days, the dispute may be referred to arbitration. The arbitration shall be conducted before a tribunal of three (3) arbitrators wherein both Nirdesa Networks Private Limited and You shall be entitled to appoint one (1) arbitrator each and the two (2) 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.
17.4 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.
18. Responsible Gaming
Pocket52 is concerned about Your health and well-being, and we constantly take measures to improve the well-being of our users. You are advised to follow Our Responsible Gaming Policy to maximise Your health and safety while engaging in online gaming.