Terms of Service
DEFINITIONS AND GETTING STARTED
The Terms of Service is an agreement between BigCrunch Gaming Private Limited and all its subsidiaries, from here on referred to as the “company” (the company could also be referred to as “we”, “us”, “our” and other such adjectives), including its website www.GoPoker.in, from here on is referred to as the “website” and you from here on will be referred as “you”, “your”, “user” or “player”.
The agreement must be read by you (user) completely and well understood before you agree to the Terms of Service governing any and all relationship in this agreement and terms of services , products or information and there usage , from here on are referred to as “Terms and conditions”. The user should read, understand and agree to the Terms of Service which includes those terms and conditions expressly set out below and those incorporated by reference, which you can access by clicking on the relevant link.
DEFINITION OF “MEMBERSHIP”
The Website and its membership are strictly private and in no way should be considered to be public. In order to gain membership to the website enabling the user to play the games offered/ use the software or any other product or services offered by the website, company or its associates, they will have to first register themselves with the website.
The registration does not guarantee membership, only after the company or its representatives deem fit by their own subjective judgment will they grant membership informing you of the same by sending you an e-mail.
The Website has opened only 10 lac memberships for this calendar year. The site shall not be accepting any more new memberships for the year once the above number is met.
The right to grant membership is completely reserved by the company / website and its representatives. Such membership can be terminated by giving instant notice for any subjective reason that they deem fit and by agreeing to the Terms of Service the user grants its consent for the same.
The server where the software is installed and the games hosted will be placed in a strictly non-public / confidential area where the access to the server is completely restricted both physically and virtually. Any person/persons or group that will be authorized to access the server where the games are held are not allowed to register themselves as users, thus, not allowed to become members. Such people are not allowed to use the software / play games or use any other product or service provided by the company. This is in the interests of promoting fair play. Our services and products are not available to anybody under the age of 13 on the day of them applying for membership through the registration process on the site. Also, it is strictly prohibited for any user under the age of 18 to play in cash games. We reserve the right to request proof of age at any stage to verify that minors are not using the Service and we may exclude a person from play if proof of age is not provided or if the Company suspects that a person using the Service is under-age. The services and products are not intended for users connecting to the site from jurisdictions that say it is illegal to do so.
SERVICES NOT OFFERED IN ASSAM AND ORISSA
The applicable laws in the state of Assam and Orissa may prohibit a player from using the services offered on our website. There may be applicable penalties imposed on such user by the respective state governments or the central government of India as the case maybe. Our company and its website doesn’t accept membership request from people who are residing in these states and if a user residing in such state becomes a member of the site by giving false information, the liability will be solely on the user and the company reserves the right to terminate the users membership without any notice and confiscate all his deposit and winnings as the case might be. You accept that GoPoker.in or BigCrunch Gaming Private Limited will not be liable to take any responsibility for the breach of the user of applicable state laws. Users from all state have to always ensure that they are following the applicable state laws and we will try to post any changes that we seem appropriate to better educate the users. Our decision in this regard will be final and no consideration whatsoever will be extended to the user.
ACCOUNT CREATION AND MAINTAINANCE
You may only have one account on our website from here on referred to as “Account”, for which you will register using your own, correct name. You may not use the service by means of another person’s account. Should you attempt to open more than one account, under your own name or under any other name, or should you attempt to use the service by means of any other person’s account, we will be entitled to close all Your Accounts and bar you from playing games in our website in future immediately. You should ensure that you have read and understood the rules and regulations of the games available through the service, here on referred to as the “games”. You agree to abide by the rules and regulations of each of the Games as published and periodically changed on the website.
The rules that govern the games and services offered by the website form part of the terms and conditions and they will be available under the “About Game” or similar section on the website. For all rules, however they may or may not be explicitly mentioned on the website. The user is encouraged to seek clarification by using the customer services offered. The determination decided by the company and/or its website will be final and you agree to abide by them by accepting the terms and conditions.
GoPoker reserves the right to suspend any account that has an offensive/vulgar username and/or uses abusive/vulgar language in the chat window.
SHARING OF PASSWORD AND OTHER PLAYER RESPONSIBILITIES
Sharing or distribution of the password with any other user/ person/ group or any third party is strictly prohibited. GoPoker.in 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. The players admit that they may be exposed to content posted by other users which they may find offensive, obnoxious or indecent and that the website may not be able to prevent such content being posted. Such content should be brought to notice of the website. The website shall act upon the information as it deems acceptable. The decision taken by the management of the company or the website in this regard shall be final and binding on the player and the player specifically agrees that GoPoker.in will not incur any liability under any circumstance whatsoever regarding the same. 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. You are accountable to obey any applicable law, while taking part in any competition or tournament organized through the website. You undertake and agree to indemnify us against any claims, expenses or liabilities suffered by or claimed against us by any person or entity arising out of your non-compliance with any applicable laws. You also understand and accept that your mere participation in a game/ tournament available on the website does not create any obligation on us to give you a prize. Your winning a prize is entirely dependent on your skill as a player same as other players in the game/tournament and subject to the rules of the game/ tournament. 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 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 does not attributable to us to a refund of the entry fee you may have paid for participation. You agree, understand and acknowledge that you will use your account with us solely for the purpose of playing on the website and for any other transactions with us which you may have to carry out with respect to your usage of the services. You understand and acknowledge the fact that we are neither a bank nor a financial institution and that the purchases/balance standing to the credit in your account do not accumulate any interest. You also understand and agree that your account maintained with us is purely for the purpose of payment of the entry/subscription fee to participate in games/tournaments made available on the website and for purchase of cash prizes that you may win. You also agree that you are required to furnish your PAN (Permanent Account Number) duly issued to you by the Income Tax Department, Government of India, as the case may be, to deduct TDS as per the rules and regulations of the government of India. You acknowledge that you are making use of the services knowing that you may face a risk of monetary loss, when using the services and that GoPoker.in shall have no responsibility to you for any such loss that arises in the course of your participation in the services. You may not impersonate another person or user, attempt to get a password, other account information, or other private information from a user, or harvest email addresses or other information. In the event, we have reasonable grounds to believe that your activities include any of the acts specified above, We may initiate appropriate legal proceedings against you as well as notify the relevant regulatory or law enforcement authorities where appropriate, apart from suspending or terminating your privileges for the use of the website. You may not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your user account, any content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Website or by using any Services.
BigCrunch Gaming Private Limited hold all rights tangible or intangible for the website and all the services offered on the website including but not limited to all games and other content , promotional material, inter alia all strategic and development plans, ideas , designs, financial conditions, business plans, data banks, information related to technology and process, the technology developed including the software and methodology of usage from here on referred to as “intellectual Property” . The company 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 capital otherwise, which includes but is not limited to copying, reproducing or transmitting any media known to / or will be known to human kind of the intellectual property. The user is not being granted any rights whatsoever with respect to the intellectual property by allowing him to play games on the website and use other services on the website. All other trademarks are the property of their respective owners.
BigCrunch Gaming Pvt Ltd shall conduct several tourneys from time to time on the website. Prestigious items from various brands are offered as prizes in some of these tourneys. Unless otherwise mentioned, there is no official tie up between GoPoker.in and the various 3rd party brands. BigCrunch Gaming Pvt Ltd shall simply buy the products mentioned in the promotion and delivering to the winner of the promotion.
By filling your mobile number on the site, you are giving BigCrunch Gaming Pvt Ltd the right to contact you by Call/SMS to provide you information on all promotional activity/events conducted by GoPoker.in and its partners. Your mobile number will not be used for any third party communication whatsoever.
The site shall grant Freeroll chips to users to try out the games for free and participate in certain promotional tournaments. The site shall retain the right to grant and withdraw these Freeroll chips at any time. The user who has either received these freeroll chips or won these freeroll chips by playing in free games shall have no right on these chips.
DESCRIPTION OF SERVICES OFFERED
BigCrunch Gaming Private Limited is a technology company which through its website GoPoker.in aims at providing technology and IT services to enable online multiplayer gaming in real time. Besides providing technology and IT services to enable online games of skill, the company will also create software and technology to enable play of game of skills on multiple technology platform, real time or otherwise . Such technology will not be sold but the users will be allowed to use it at the sole discretion of the BigCrunch Gaming Pvt Ltd.
The services provided by the website are only intended to play with skill and for entertainment purpose only. The company is not responsible for any betting or gambling acts that may take place outside the website.
BigCrunch Gaming Pvt Ltd will charge the users for providing such services. A service tax is applicable for the services and the service charge collected at the beginning of each game will include the service tax and other taxes and charges as applicable. The service charge levied is subject to change from time to time and the users will be informed accordingly by answering to such specific request from customer care. We reserve the right to collect service charge at varying rates and at different times and for multiple types of games and other services offered by us. The service charge and applicable taxes may vary as per the changes in the law and we may change the levy of service charge accordingly based on the company’s discretion.
Commercial use of the Software is strictly forbidden. The User is only allowed to use the Software for his/her personal use. Under no circumstances shall a User be permitted to use his/her account with BigCrunch Gaming Pvt Ltd for any purpose other than for playing the Games. You may open only one account per person. BigCrunch Gaming Private Limited reserves the right to monitor any effort to establish multiple accounts; in the event BigCrunch Gaming Private Limited discovers that you have opened more than one account per person, all additional accounts will be closed immediately without notice and continued violation will result in the termination of any and all of your accounts and BigCrunch Gaming Private Limited may void any associated winnings. The user may not attempt to modify, decompile, reverse-engineer or disassemble the software in any way. The use of artificial intelligence including, without limitation, “robots” is strictly forbidden in connection with the Software and the Games. All actions taken in relation to the Games by a User must be executed personally by the User through the user interface accessible by use of the Software. You agree that BigCrunch Gaming Private Limited may take steps to detect and prevent the use of prohibited EPA Programs. Such action may include, but is not limited to, the examination of software programs running concurrently with the BigCrunch Gaming Private Limited Software on the User’s computer.
PAYMENTS AND PLAYER FUNDS
When making a payment, please ensure that the instrument used to make the payment is your own and is used to Add Cash into your user account only.
Player funds are kept in 3 virtual wallets in GoPoker (i) deposit wallet that is redeemable where money deposited by a player is held, (ii) winnings wallet that is redeemable and (iii) real cash bonus that is non redeemable. As per the guidelines provided by the registrar of companies in India, the company shall shall refund the amount that lies in the deposit wallet for more than 300 days to your bank account available with us or in case of non-availability of your bank account details, the Company may require you to provide those details to process the refund. In case of non-submission of bank account details within scheduled time, the Company reserves the right to forfeit the amount or otherwise deal with such amount as it deems fit.
In the event that, for a period of more than 300 days, you (i) maintain a Cash Balance and (ii) fail to participate in a Real Chip Game, the Company shall refund the entire amount that is lying for more than 300 days to your bank account available with us or in case of non-availability of your bank account details, the Company may require you to provide those details to process the refund. In case of non-submission of bank account details within scheduled time, the Company reserves the right to forfeit the amount or otherwise deal with such amount as it deems fit.
Player funds are held in trust by us in specified bank accounts. GoPoker keeps all players’ funds unencumbered which will be remitted to you in due course subject to the terms and conditions applicable to withdrawal of funds. Funds held in your user account are held separately from our corporate funds. Even in the highly unlikely event of an insolvency proceeding, you claims on the deposits will be given preference over all other claims to the extent permissible by law.
FAIRPLAY AND PREVENTION OF COLLUSION AND FRAUD/ CHIP DUMPING
GoPoker is committed to Promoting FAIR PLAY on the website. Our Compliance Team will track game play of all players and strict action will be taken against any player(s) caught indulging in Chip Dumping and/or collusion. By Agreeing to the Terms and Conditions of the site, you agree not to indulge in any unfair game practise that might provide undue advantage to you or any other player.
GoPoker 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, redemption blocking to permanent account deactivation.
Depositing and withdrawing without playing any or a reasonable amount of games is a violation of our fair play deposit and withdrawal policy. Consecutive deposits and withdrawals are considered as money laundering actions, which is not permitted on GoPoker. Any user found committing such an action is in violation of our fair play deposit and withdrawal policy and further to investigation is subject to a penalty fee. Any user deemed to be a fraud user for any reason, for example, found depositing or withdrawing from/to a fraudulent account, is subject to legal action from GoPoker management including but not limited to the confiscation of the user’s balance and locking of the user’s account.
Users are also prohibited from opening multiple accounts on the site. GoPoker reserves the right to block/deactivate any account(s) suspected of being a duplicate account
Players caught dumping chips between accounts will be levied a minimum penalty of 40% of the Chip dumped. Chip dumping is a violation of the Indian Income Tax regulations and GoPoker reserves the right to block permanently any account caught for repeated chip dumping violations.
ELECTRONIC SERVICES PROVIDER
When you use our Services, you will be required to send money to us and may be required to receive money from us. To process such financial transactions, we may use third-party electronic payment processors or service providers (ESPs). As required, 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 certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP’s terms and conditions, these Agreements shall prevail.
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 BigCrunch Gaming 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.
THIRD PARTY CONTENT
BigCrunch Gaming Private Limited 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 the company 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 GoPoker or BigCrunch Gaming Pvt Ltd. GoPoker/BigCrunch Gaming Pvt Ltd is not responsible for such emails/messages and/or any loss arising out of clicking on links contained in them.
DISCONNECTIONS AND TECHNICAL ISSUES
In case of any technical failures, server crashes , breakdowns, software defects, disruption or malfunction of service, as a policy, BigCrunch Gaming Pvt Ltd will cancel the games and refund the bet amounts after proper verification and no rake will be taken from such games and you accept that BigCrunch Gaming Pvt Ltd is not responsible to you in all such cases. BigCrunch Gaming Pvt Ltd is also not liable for any prospective winnings from any incomplete tournament.
BigCrunch Gaming Pvt Ltd does not hold any liability to any disconnection, lag, freeze or interference in network on the user’s computer or any other external networks. In case of any disruption for an ongoing game, the game will be manually cancelled by BigCrunch Gaming Pvt Ltd and the points/chips shall be refunded irrespective of the status of the game. For any game, BigCrunch Gaming Pvt Ltd has the right to cancel and refund the points/chips. In no case, other than a server crash, BigCrunch Gaming Pvt Ltd is accountable for any of the player’s disconnections from server.
DISCLAIMERS AND INDEMNIFICATION
By registering, you are considered to have accepted and understood all the Terms and conditions. We recommend that you keep a copy of all transactions, rules of playing, cancellation and payment policies. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of these Terms and conditions by You does not surrender Our rights to act with respect to any prior, concurrent, subsequent or similar breaches. Any competition or tournament organized by us on the Website shall be governed by these Terms and conditions and any additional terms and conditions which may be explicitly defined for a competition or tournament.
The company and/or its website and/ solely reserve the right to singly change the terms and conditions and update the same on the website. It is the user’s responsibility to check the updated terms and conditions on a regular basis and to decide whether to continue his membership on this website or not. At any point of time you may choose to discontinue the use of our website or any services offered by the company. If you continue to use the Service/product or the Software, you will be responsible for your acceptance of the changes to this Agreement. If any judicial or quasi-judicial body in India declares 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. Any such inappropriate Term or condition will be replaced with another term that is valid and enforceable and is in most nearly with effect to the original invalid term.
The company disclaims any and all Warranties, expressed or implied, in connection with the software, the site and the games, all of which are provided to the user “AS IS”. You access and use the website at your sole risk. The Company explicitly disclaims all warranties or conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.
Without limiting the foregoing, the company does not represent or warrant:
a) The quality, fitness for purpose, completeness, merchantability, non-infringement or accuracy of the software, the site and the games;
b) The suitability of the information contained in the documents or other information published on this site;
c) Continuous, error-free, secure or virus-free operation of GoPoker.in or its content including software, games, your account or continued operation or availability of any facility on GoPoker.in;
d) That the defects in the website will be corrected;
e) That the website or the servers that operate the website are free of viruses or other harmful components;
f) That the data, results and information within the website will be correct, accurate, adequate, useful, reliable or otherwise; and
g) That the website will meet your needs, requirements or expectations.
No person affiliated, or claiming affiliation with the Site has authority to extend such Warranties.
You undertake and agree as under:
(a) The Company does not promise or ensure that you will be able to access your account whenever you want. It is entirely possible that you may not be able to access your account or the Services provided by the Company at times or for extended periods of time due to, but not limited to system maintenance and updates;
(b) You are aware that participation in the games of skill organized by us may result in financial loss to you. With full knowledge of the facts and circumstances surrounding the Activity, you are voluntarily participating in the Activity and assume all responsibility for it and risk resulting from your participation, including all risks of financial loss. The Company makes no guarantees, warranties, representations, or other promises relative to the Activity, and assumes no liability or responsibility for any financial loss that you may sustain as a result of participation in the Activity;
(c) You agree to indemnify and hold the Company, its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with your participation in the Activity. You acknowledge that You are solely responsible for any action that arises from Your participation with this Activity or around this Activity, regardless of occurring before, during or after the period of the Activity;
(d) To hereby save, hold harmless, discharge and release the Company from any and all liability, claims, causes of actions, damages or demands of any kind and nature, whatsoever, that may arise from or in connection with your participation in the Activity;
(e) You will be solely responsible for any delay and/or damage to your computer systems or loss of data that results from installation of website games or software on Your computer and the website expressly disclaims liability for any such failure delay or failure;
(f) You are solely responsible for maintaining the confidentiality of your account access credentials (i.e. username & password) and financial instruments (i.e. credit/debit card number).
(g) You agree to assume the entire risk as to the results and performance of any software and/or games availed by you on www.GoPoker.in. As such, result and performance among other things depends on your Internet connection and hardware. You also assume the entire cost of all servicing, repair and/or correction of your hardware when you access, download or execute software or games available on www.GoPoker.in. The Company explicitly disclaims liability for any delay or failure to perform resulting from installation of its games or software on your computer.
(h) You specifically acknowledge, agree and accept that we are not liable to you for: (i) the defamatory, offensive or illegal conduct of any other player or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another player or otherwise; (ii) any loss whatsoever arising from the use, abuse or misuse of your account on our Website; (iii) any loss incurred in transmitting information from you to our Website by the internet or by other connecting media; (iv) any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communications’ lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Website; (v) the accuracy, completeness or currency of any information services provided or any statistics shown on the Website;
(j) The Company reserves the right to change, modify or delete the sites, information, and terms & conditions listed on this site at any time without prior notice.
LIMITATION OF LIABILITY
You clearly understand and agree that the company shall under no circumstances (including, without limitation, in contract, negligence or other tort), be liable for any direct, indirect, ancillary, special, incidental, consequential 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, damages for monetary loss, goodwill, use, data or other intangible loss (even if the company has been advised of the possibility of such damages), resulting from or arising out of the use of or the inability to use the service, even if we have been advised or become aware of the possibility of such damages or loss or that such loss was foreseeable. You agree to indemnify us against any claims in respect of any such matter.
GOVERNING LAW AND JURISDICTION
This Agreement shall in all respects be governed, interpreted by, and construed in accordance with the laws of India. All disputes, differences, complaints etc., shall be subject to Arbitration under the Indian Arbitration and Conciliation Act, 1996. The arbitrator will be appointed by the company after due consent from the company and the user. The place of arbitration shall be KOLKATA, West Bengal, India.
There could be instances where the company is not able to receive prompt updates about the change in applicable laws of your place of stay. Please ensure that any activities you engage on the Website are legal as per the applicable laws. You agree to indemnify and hold harmless the company or its website from any claim, demand, damage, or loss whatsoever coming out due to your non-compliance with the laws of your jurisdiction.
In case of any questions or assistance, feel free to contact us any time, In case of any change in your personal information, please contact Customer Service. In case, if you forget your password, or suspect that someone else has learnt and used your password please contact Customer Services. Also, in case of any clarification that you may wish to seek regarding anything, please feel free to contact us through customer services at support@GoPoker.in
ACCEPTING THE TERMS OF SERVICE
You hereby accept the fact that you have read, understood and are willing to abide by the above Terms and Conditions.