Welcome to Poker Buddy 365, a product by XetaBit Ventures Private Limited, a company registered in India under the provisions of Companies Act, 2013. The following terms and conditions (the “Agreement”) which form a binding agreement between you and XETA BIT VENTURES PVT. LTD. referenced in section “Contracting Party, Choice of Law, Location for Resolving Disputes, Contact Information”, which is sometimes referred to as “Poker BUDDY 365,” “we,” “us” or “our.” Please look over the following terms attentively.
Poker Buddy 365 is a digital/online platform/community for people who love to play poker and have a desire to play it by using modern technology tools like Internet, Mobile Applications or any other technology-based tool online supported by Poker Buddy 365 exclusive or proprietary technology either directly or through an authorized representative (the ‘Services’) through our website or Mobile or other Application(s), operated by us (us referring to Poker Buddy 365). The aforementioned Services include the opportunity for you to play Poker with Real Money in accordance with laws of the country (as described below) to use for the Poker Game. The Services and Site are collectively referred to here as ‘Poker Buddy 365’.
Applicability of Agreement
Kindly note that you are required to click on ‘I Agree’ to continue to browse/use the Poker Buddy 365 site. We specifically advise you to go through and read the full terms before clicking on I Agree, which means that ‘You agree to be bound by the terms of the said Agreement’. If you have any doubts or have any issues with any clause of the mentioned Agreement, please click on ‘I DISAGREE’.
1.1. Company: shall mean Zeta Bit Ventures Pvt. Ltd.
1.2. “IPR” shall mean and include Copyrights, Patents or any other rights of Zeta Bit Ventures Pvt. Ltd. in the Site, its contents or Mobile/Other Applications.
1.3. “Group”: Refer to a group of companies that include Zeta Bit Private Limited, its subsidiaries, licensors, affiliates, franchisees or licensees;
1.4. “Services” shall mean all Games or other facilities offered to the Users whether registered or not;
1.5. “Site” shall mean and include the Website, Mobile or Other Applications operated by Poker Buddy 365 for the use of Users of the Site.
1.6. “Terms and Conditions”: The Terms of Conditions which are mentioned below;
1.7. Relative: ‘child’, ’spouse’, ‘parent’, ‘partner’ or ‘sibling’;
1.8. User: Player, you, your, end-user;
1.9. “User Account”: A personal account of the player which is operated and managed by the single-player;
1.10.“Website”: www.XYZ.com and its related website(s) available through the links provided at www.XYZ.com .
- GRANT OF LICENSE/INTELLECTUAL PROPERTY
- The Site works of Proprietary Technology/Software of the Zeta Bit Ventures Pvt. Ltd. owned/licensed by Poker Buddy 365;
- The permission granted to you is for playing in your individual capacity subject to restrictions enumerate herein.
- You are not eligible to use the Website if:
(i) You have not yet attained the Age of 18;
(ii) If you are a resident of the States of Assam, Odisha, Gujarat , Telangana , Sikkim, Nagaland, and Meghalaya;
- You are not permitted to use the software for any other purposes other than the playing the games offered.
- Kindly note that the website, its contents, technology and software(s) are protected by Intellectual Rights Legislations and other laws of the country India. By clicking on I Agree and continued usage of the website, you strongly agree that you shall not:
(i) Copy, replicate, distribute, reverse engineer or otherwise infringe the copyrights or other Intellectual Property Rights of the Zeta Bit Ventures Pvt. Ltd. or its Associates in any manner whatsoever;
(ii) Export or market the Zeta Bit Ventures IPR to any other region or country without the prior written and approved consent of the Company.
(iii) Allow any person other than yourself to use or access your User ID & password to use the website or its Services in any manner whatsoever;
(iv) Make more than one account;
(v) Conduct or promote any illegal activities while using the website or Services;
(vi) Attempt to reverse engineer or jeopardize the correct functioning of the website or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
(vii) Attempt to gain access to secured portions of the website or Services to which you do not possess access rights;
(viii) Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
(ix) Use the website or Services to generate unsolicited advertisements or spams;
(x) Use any automatic or manual process to search or harvest information from the website or Services, or to interfere in any way with the proper functioning of the Site and Services or:
(xi) Impersonate another user.
- You strictly accept that all the contents, software, technology, videos, images, promotional material and other contents are IPR of Zeta Bit Pvt. Ltd. and your usage of the Site does not give you any right to use the contents The software and all the services provided by us are the sole property of the Company. You are advised to use the IPR license granted herein strictly for the purpose of playing Games and using services of the website only.
- You are aware that copying of Images, Videos, copyrighted materials including software is illegal.
3.1 The services of the website is on AS IS WHERE IS basis
3.2 The Services available on the website is strictly for Poker lovers and are provided “AS IS” basis without warranty of any kind, conditions, undertakings or representations, express or implied, statutory or otherwise.
3.3 We try hard to provide our excellent services on the prime effort basis and we do not warrant that the services of the website will be error/bug-free or uninterrupted. We use world class security systems and always endeavour to do our finest but we do not ensure error or bug-free services.
3.4 Zeta Bit Ventures Pvt. Ltd. neither warrants nor makes any representations in regards to the quality, accuracy or completeness of any data, information, product or Service. In no event shall Zeta Bit Ventures Pvt. Ltd. be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages. Neither shall Zeta Bit Ventures Pvt. Ltd. is responsible for the delay or inability to use the Website or other related Functionalities, the provision of or failure to provide Functionalities, or for any information, software, products, Functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Zeta Bit Ventures Pvt. Ltd. shall not be held liable for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Zeta Bit Ventures Pvt. Ltd.’s control. The user thoroughly understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own preference and risk and they will be solely and entirely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
- ACCESSIBILITY AND AUTHORITY OF ACCOUNT
- You will be provided with an individual unique User ID and Password, chosen by you subject to availability and system-driven criteria.
- You thoroughly understand that you can create only accounts as the creation of multiple accounts is strictly prohibited.
- We reserve the right to verify your account through your registered email/Mobile Number. If your account is not verified then your access to the website may be restricted at the sole discretion of Zeta Bit Ventures Pvt. Ltd. as a safety precaution.
- Poker Buddy 365 is designed as a community for Poker lovers and as proprietor, we reserve our rights to access our Site and its usage.
- We retain the right of issuing, authorising, suspending and closing Users’ Poker Buddy 365 accounts. All user accounts are accounts owned by Poker Buddy 365 and self-administered by authorised Users. We retain all the rights of the account except the access to the credit/debit or net banking details.
- We retain all rights relating to the use of the website and its services.
- We request you to furnish your correct particulars at all times. Use of false Id or information will make you liable for legal action as we being a community of poker lovers cannot allow misrepresentation or false communication to other members of the community.
- You are requested to provide the correct email id and Phone Numbers for the purpose of notifications. If our notification or other emails bounce back or calls or other messages do not respond in an adequate time, we will have the right to suspend your account until you reactivate your account by submitting correct contact details. In case, we are forced to close your account and keep the balance, if any with us in trust for you until you reclaim the account by submitting ID Proof and correct particulars as acceptable to our lawyers.
- You are hereby requested to refrain from sharing your log-in details with third parties and You hereby precisely acknowledge and own all activities including transactions under your user account are done by you or under your supervision.
- You are not permitted to have more than one account. If it is discovered that you have been using more than one account, then you may be blocked or deactivated permanently from all Poker Buddy 365’s services.
- You shall not indulge in any legal activity. You are specifically instructed to refrain from any kind of MONEY LAUNDERING OR ILLEGAL ACTIVITY.
- You are expressly advised to refrain from Spamming or hacking or using any means not specifically permitted to access the Website or its services.
- You can only choose available Usernames. Please take note that you would not be allowed to use the account for playing poker or any other purpose with us until such Your username is correct and approved by us.
- Your use of the website will be strictly for playing Poker and you are advised to refrain from using chat or other Services for commercial or other purposes including derogatory/defamatory comments.
6.PROTECTION AND SHARING OF ACCOUNT:
- You are responsible for your user id and password and you are hereby formally advised to keep them safe and secure. You understand and acknowledge that you are solely responsible for any change made or any other activities on the website from your account.
- You are advised to keep your User ID and/or password and/or any information related to your user ID to any other player safe and secure. You understand that we can not take responsibility, if your account is accessed and/or blocked by any other third party for playing or any other lawful or unlawful activity.
- ACCOUNT SUSPENSION:
- Forceful termination: Poker Buddy 365 is a gaming community and we being proprietors of technology and/software as well as facilitators for community members need to ensure a suitable environment for the community members. Accordingly, we reserve the right to suspend or restrict the access to your user account if the following events occur:
(ii) Security Concerns;
(iii) Unauthorized Usage;
(iv) Collusion or chip Dumping;
(v) Complaints received from other community members
- Voluntary termination: You may cancel our services at any time and close your user account on Poker Buddy 365 by sending a request at email@example.com. We will verify your cancellation request and in any case, you are owed any money amount or winning amount. We will send the amount through any mode of payment available at our website at the time cancellation of service.
- GAME SERVICES AND RULES OF PLAY:
- All Games available on the Site whether played with Real or Virtual Money are referred to as the Games.
- All Users have to play the Games in accordance with the rules displayed in the Game rule section. You are advised to read the rules before playing. We shall not be responsible for the ignorance of rules. We highly recommend you to check the rules from time to time to keep track of any changes.
- We charge for Real Money games that may vary depending on the nature of the game and may change from time to time.
- Collusion or Chip Dumping: When one person shares card details to another using any means not allowed by the Rules of the website read with Game Rules to give such another an edge over other players. It may also be a means to move money from one person to another for illegal purposes including money laundering. Collusion or chip Dumping will lead to termination of your account. Further, such Users may be blacklisted from the Site and We at Zeta Bit Ventures Pvt. Ltd. reserve the right to report this to Police or other appropriate authority if you are found guilty of fraud or deceit.
- Artificial Intelligence: Use of Artificial Intelligence or other software programmes to gain an edge over other players is specifically banned. We reserve our right to suspend/terminate your account and take appropriate action against you including forfeiture of your account and chips and termination. In fitting cases, we may report to the appropriate authority for criminal action.
- Fraud: You are hereby advised to refrain from fraudulent, unlawful, dishonest or improper activity during the use of the service or Games failing which we will have the right to take appropriate action as detailed hereinabove.
- Inappropriate Language: You acknowledge that Poker Buddy 365 is a select community which frowns upon the usage of offensive language, abusive language, or irrelevant content shall not be allowed on the website. You are not allowed to use offensive, obscene, libellous, defamatory, and threatening language or in any way disobey any law, or to use any terms or language that seem inappropriate, during the usage of our chat service or for comments on the website. Our decision is final in the case of above-mentioned instances. We may suspend or terminate your account and forfeit all its contents for such offence at our sole discretion.
- We have tied up with reputed Payment Service provider, which handles all your financial transactions.
- You acknowledge that Payments Service Providers are bound by the Rules of RBI and reserve their right to withhold any payments if they have reason to believe or suspect that you may be engaging in or have engaged in collusion, fraud, or unlawful or improper activity.
- You shall pay all your dues and make good all credits if any implied during your Game(s). You understand that you are not allowed to cancel out or cash out in between the game or reverse any of your due payment(s).
- If you fail to make payment of any dues, then you shall be liable to make good all the expenses incurred by us or third parties for recovery of monies due to us.
- You acknowledge that our proprietary software including our Random Number Generator is responsible for the outcome of gameplay and in all cases of disputes if any the number displayed on the Site or its game servers will be final and binding on all parties.
- We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time
- While adding money in the poker account, you should take care that the instrument used during payment is your own.
- We have the right to cancel the transaction at any time. The amount involved in any such cancelled transaction will be credited back to your payment instrument within 3 working days.
- We will keep the entire User fund in a specified bank account. All the User funds are separate from our corporate fund and in the course of any unlikely event or emergency, players’ claims on the fund will be given preference over all other claims, to the extent permissible by law.
- All payments shall be in Indian currency only
- CASH OUT:
- You can cash out your Poker Account Balance any time subject to cash out restrictions under intimation to us.
- You shall be liable to pay processing charges on all transaction, and you hereby authorize us (including our Payment Service provider) to deduct it directly from your account.
- All cash our request will be processed in accordance with your chosen mode of payment as offered by us.
- You will be eligible for prizes only and only if you are physically present in India and you are a resident of the States which permit Poker using Real Money.
- SERVICE DISRUPTION:
- We do not take any responsibility for Internet connectivity or other disruption in your hardware or software as these are factors beyond our control.
- You have the following options if you are unable to use our Services:
(i) Refund of Entry fee, if any paid for participation in any Tournament;
(ii) Refund of Money lost in the Real Money Game
- You understand that we have no control over those disruptions and you take full responsibility for any loss due to service disruption for the above reasons.
- COMPLAINTS AND DISPUTES:
We appreciate your feedback and recommend you to lodge all complaints with our dedicated support team through firstname.lastname@example.org. All complaints will be entertained within a reasonable time.
- MODIFICATION AND WAIVER:
- DISCLAIMER LAW:
- We have endeavoured to ensure that all the information on the Website is correct, but we neither warrant nor make any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages. Neither shall we be responsible for the delay or inability to use the Website or related Functionalities, the provision of or failure to provide Functionalities, or for any information, software, products, Functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, we shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond our control. The user understands and agrees that any facility/functionality of the Site and their usage is done entirely at their own discretion and risk and they will be solely responsible for any unauthorized usage or system failure whether or not due to failure of their Hardware or Systems beyond our control.
- We disclaim liability for any loss or risk resulting to you from your participation in real money games.
- Random Number Generator Software: Poker Buddy 365 software is certified and evaluated, hence, ensuring the user that we follow the relevant standard of randomness. We maintain the standard of said certification but you confirm that it is not possible to test all possible scenarios in any testing environment. We disclaim all liability in connection with the software used by us.
- You agree to indemnify, defend and hold harmless Zeta Bit Ventures Pvt. Ltd. from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Zeta Bit Ventures Pvt. ltd. that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
- GOVERNING LAW AND JURISDICTION
The Agreement shall be interpreted as per the laws of India and shall be subject to an exclusive jurisdiction of the courts of New Delhi.
All disputes shall be referred to Arbitration by a sole Arbitrator nominated by the President of Emerging Businesses Chamber of Commerce.
- COMPANY RIGHT:
- We reserve all rights to accept or decline any User on the poker room, change, cancel, remove, modify or add any game or tournament on the poker room.
- You hereby authorize us to do credit checks with third parties including your Bankers to verify the information provided by You.
- We reserve our right to notify appropriate authorities about any transactions including any wager or winnings to any legal authority.
- We reserve all rights to stop any payment pending identity verification of the User.
- The access rights granted to you to use the Services offered through our Proprietary Site(s) are a privilege offered to you and we reserve our rights to suspend/terminate your access to the poker room without giving any prior notice/intimation to You, due to various reasons such as any frauds done through your account, breach or violation of our Agreement.
- You expressly consent that we have rights to assign or transfer all our rights in this agreement.
- PROHIBITED USERS:
Poker Buddy 365 employees, affiliates, partners, officers, consultants or agents of our website(s) or any person directly/indirectly involved with Poker Buddy 365 is prohibited from using the Site or its Services. Such Users are Prohibited from using the Site and its Services and any unauthorized usage will lead to appropriate action by Poker Buddy 365 Management at its sole discretion. Such Prohibited Users will not be allowed to collect any winning and shall be subject to strict action by our Company.
19.SERVICES NOT OFFERED IN EXEMPTED STATES
The applicable laws in the state of Assam, Odisha, Gujarat , Telangana , Sikkim, Nagaland, and Meghalaya are prohibiting a player to avail the services offered on the website. There may be applicable penalties imposed on such use by the respective state governments or the central government of India, as the case may be Poker Buddy 365 does not accept any request from the player who is residing in above mentioned states. If a user residing in such state becomes a member by giving false information, the liability shall be solely on the user and the Company reserves the right to terminate the user’s membership without any notice and confiscate all his deposit and winnings as the case might be. You accept that the Company will not be liable for any responsibility for the breach of the user of applicable state laws. It is the responsibility of the Users from all states to ensure that they are following the applicable state laws. Our decision in this regard will be final and no consideration whatsoever will be extended to the user.
- TERMS AND TERMINATION
- You accept that you have read the Agreement and You are legally bound by this Agreement;
- The moment You click “I agree” button this Agreement shall be automatically effective and shall remain effective till the termination of the same.
- You are bound to the Agreement till such time as you are using or playing the game on Poker Buddy 365 website or possess Poker Buddy 365 user account.
- All the communication will be in written or electronic format and it will be delivered to you within 5 business days. The Company shall not be responsible if the contact address is not provided correctly.
- Any support which you require from the company, You can reach us at email@example.com.
22. REFUNDS AND CANCELLATIONS
Any real money in your account is your actual account balance. Any winnings would be added and/or losses incurred from using the services, entry or other fees, previously withdrawn money by the User or amount forfeited by us for any suspected fraud or rejection or cancellation of transaction(s) by your or any third party bank, resulting of charge-backs, insufficient funds or any other reason would subsequently be subtracted. Also levied would be the Inactive Account Fees.
A cash-out request will be accepted when catered to deposit method restrictions, bonus restrictions and/or Security Reviews. You can withdraw amounts only within your transaction limits and levying any processing fees for withdrawal methods that we notify you of before cashing out.
User can request for refund anytime online. With xetabit ventures Private Limited, the user account will be checked for any games played or bonus claims and the request will be processed within 2 weeks. The bonus amount for any bonus claims will be deducted and the balance refunded. A request for cancellation of any transaction would be processed within 2 weeks given the player has the balance of the transaction in his/her account.
Any amount from your winnings may be reported and withheld complying to any applicable law. It is solely your responsibility to deal with all the taxes involved with your winnings. Neither prize money nor balance can be redeemed for any other prize nor can it be transferred. When withdrawing, payment will be made to you either by cheque, wire, credit card and/or any other manner which we select, although we will try to provide your preferences.
Although payment processing will be made as soon as possible, due to our Security Reviews, payments may be delayed and withheld with us.