TERMS & CONDITIONS
TERMS & CONDITIONS
1. SKILLPATTI.COM SITE / PROMOTION:
1.1. By subscribing/registering to/on or using www.skillpatti.com, its sub-domains and/or Skillpatti.com App (mobile application accessible through a mobile phone or a tablet device) collectively referred to “Skillpatti.com” or “site” or “Website” and/or any services provided on the Skillpatti.com site, you agree that you have read, understood and agreed to be bound by the Terms & Conditions, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms & Conditions, you must not subscribe to or register or use the Skillpatti.com site or any of its services.
1.2. These Terms & Conditions apply to the games of skill and marketing activities, offered on www.skillpatti.com (the "Game"; or "Promotion"), which is owned and operated by Black Sheep Gaming Private Limited ("Skillpatti.com" or "we" or "us" or "our"). Skillpatti.com is pleased to offer to a person (natural or legal person) who accesses the Game /promotion through any means of communication ("you" or "your" or "User" or "player" or "participant") the ability to participate in the games of skill by remitting a participation fee to play the game and also the ability to win prize money. The related software including improvements if any, applications, content, products, services, and promotions (collectively the "Services") that the Skillpatti.com may provide, shall be subject to these Terms & Conditions, the privacy policy (the "Privacy Policy") and the official rules & regulations for the game and promotions as may be updated and be applicable from time to time.
2. USERS/PLAYERS/PARTICIPANTS:
2.1 This Game and Promotions is open only to residents of India aged 18 years or above at the date of entry. Employees of Skillpatti.com (owned and operated by Black Sheep Gaming Private Limited), their associated, affiliated and subsidiary companies, agents and their families, Game sponsors, and any person connected with the Game are excluded from participating in the game or winning a prize. By taking part in the Game or Promotion (excluding administering the game) on the Skillpatti.com site, Users/players/participants warrant that all information submitted by them is true, accurate and complete. Proof of age may be required. The sole discretion to declare a User/player ineligible to participate shall vest with us. Users/player/participants who wish to participate shall have a valid email address.
3. USAGE OF SKILLPATTI.COM SITE & PROMOTION:
3.1 All materials provided on the Skillpatti.com site, including but not limited to all information, materials, functions, text, logos, designs, graphics, images, sounds, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of Skillpatti.com and/or its vendors and/or suppliers. All Materials herein and Skillpatti.com’s software are the exclusive properties of Skillpatti.com and/or Black Sheep Gaming Private Limited. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior written permission of Skillpatti.com.
3.2 Subject to your compliance with these Terms & Conditions, Skillpatti.com hereby grants you the right to access and use the Skillpatti.com site only for personal and non-commercial purposes. You undertake that you shall not use the Skillpatti.com site for any commercial purposes and/or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
3.3 You may post/share links/images/text content on the Skillpatti.com site on social media platforms like Facebook, Twitter, Google+, Snapchat, Instagram, YouTube or any other social media sharing platform with appropriate link-back to the original source.
3.4 When the Skillpatti.com site provides for the download of any particular Material including any software, you may download such Material and/or software to a computer or mobile device (as applicable) for your personal, non-commercial use only, provided that you shall:
a) keep a record of and not amend copyright and other proprietary notices;
b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Skillpatti.com site or the Material including the software, in whole or in part, and;
c) not transfer any Material and/or software and/or any part thereof to any other computer and/or mobile device. Any commercial or business use of the Skillpatti.com site or any Material including the software is expressly prohibited.
3.5 Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark, design or copyright of the Skillpatti.com intellectual properties.
3.6 You acknowledge and agree that nothing in these Terms & Conditions shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names, source code or other proprietary rights on the Skillpatti.com site or Material or software or any part thereof to you or any third party.
3.7 We may modify these Terms & Conditions, from time to time and such modifications shall be effective upon posting on our Skillpatti.com Site. User/player will be deemed to have agreed to any such modifications by any further use of the Skillpatti.com Site, after any such modification is posted. It is therefore important that the User/player reviews the Terms & Conditions regularly to ensure that he/she is updated as to any changes. If the User/player does not agree with the modifications, he/she shall discontinue use of our Skillpatti.com Site immediately.
4. PRIVACY POLICY: User/player hereby consents and agrees that he/she has read and fully understood the contents and terms of the Privacy Policy of Skillpatti.com & by using the Skillpatti.com Site, the User/player has consented to such content and terms of the Privacy Policy of Skillpatti.com. Our Privacy Policy shall apply to all the entries to the Game and the Promotion on the Website.
5. FAIR PLAY AND PROHIBITED USE
5.1 FAIR PLAY POLICY
a) We at Skillpatti.com consider the fair play of online 2-7 triple draw poker, Badugi or other poker game/tournament of utmost importance. In order to prevent any form of fraud or unfair play in our games/tournaments or on our Skillpatti.com site - all User/player actions including - deposits/identity verification/Poker Games/Tournaments are monitored to ensure a safe, legal and fair environment for you (the User/players/participants).
b) Every single 2-7 triple draw poker,Badugi or other poker game/tournament shall be a fair individual effort. Hence, as part of the Fair Play policy to prevent any form of fraud & in- game collusion all User/player/participant actions are monitored and recorded.
c) Any detection of a breach of our Fair Play policy, such as and not limited to, fraudulent deposits under a stolen identity or collusion in gameplay, shall result in swift and serious action taken by Skillpatti.com against the suspected User/player/participant.
5.2 SPECIAL REGULATIONS AND PROHIBITED USE
A. Ban on the use of robot programs / artificial Intelligence (bot program)
i) It is forbidden to use any robot or artificial intelligence programs (bots), purchased from third parties or developed in person, which perform some of the functions instead of a player, or perform a complete cycle of game actions.
ii) Skillpatti.com does not provide, promote and also strictly prohibits the following in regard to bets on sports:
a) arbitrage betting;
b) use of third-party software; and
c) odds scanners or any other software for betting automation.
iii) In the case of non-compliance with this regulation, Skillpatti.com reserves the right to block and terminate the respective player’s account with an optional fund confiscation or to suspend transactions and funds withdrawals during the player’s gaming activity investigation. The investigation may take up to fourteen (14) days.
B. Prohibited software
i) It is forbidden to use any hand converters. Converters and their modifications for different poker-rooms are fixed, as one and the same forbidden program. For a single use of the converter without interaction with Skillpatti.com a warning shall be issued. If the violation occurs again, the respective User/player account shall be blocked.
ii) Skillpatti.com also strictly forbids the use of any software that:
a) Developed specifically or which purpose includes operating with poker-rooms based on the Site;
b) Provides any unfair advantage to users/players who use this program;
c) Shares information about closed cards between users/players or facilitates collusion or cheating in any way;
d) Uses a database of hands or users/player profiles and shares it with another user/player;
e) Reduces or eliminates the need for human decision-making (e.g. applications that automatically reset certain starting hands);
f) Designed for data timing (i.e. collecting hands or profiles of users/players from the game client, as a result of which the user/player is considered in terms of its own game);
g) Provides directions about the next step in the game in real time and during the game (including the means for analysing and calculating ICM);
h) Tries to block any of our devices for the detection of fraud and deception.
C. Ban on collusion
i) User/player shall always play according to his/her own individual interest. These rules apply regardless of whether there is a clear agreement between the Users/players and whether provable actual damages were caused or not to others. The Users cannot act together with other users/players to gain an advantage. The Users cannot use the soft play against friends i.e. the Users/players have to play as aggressively against someone whom the User/player knows the way he/she would play against an unknown opponent and use the same strategy.
ii) User/player shall not use chip dumping i.e. the User/player must not intentionally lose hands or manipulate during the game to transfer funds to another User. User/player is also forbidden to incite other users/players to collude with them, including by any indirect means.
D. One user/player – One account
i) Users/players are allowed to have only one account on Skillpatti.com. User/player should not attempt to circumvent any of the restrictions aimed at preventing the creation and use of multiple accounts by one user/player. Skillpatti.com bans any account which appears to be a joint use of the account. User/player shall keep secret his/her account data (player name, password, and any other information to enter the user’s/player's account) and not give them to other users/players/persons. Under no circumstances, Skillpatti.com shall allow any User/player to give permission to other users/players/persons to use his/her account.
E. Ban on modification (change) of the software
i) Skillpatti.com forbids the attempt in any way to change the software provided by Skillpatti.com or dismantle it. User/player agrees not to crack, not to try to crack and / or access or otherwise by-pass our security system. If we suspect that the User/player has tried or is trying to break in, access or otherwise by-pass our security system or the software, we will be forced to immediately terminate his/her access to our Website and terminate his/her account. Skillpatti.com also reserves the right to inform the relevant authorities about such illegal activity.
F. Ban on the information transfer
i) Any attempt to gain an unfair advantage over other users/players, no matter whether it is forbidden by the rules or not, are not permitted.
G. Terms of chatting
i) 2-7 triple draw poker,Badugi or other poker games, which include an option for a chat, provide users/players with the possibility of collective communication with each other during the game. There are certain rules designed to ensure a pleasant atmosphere in the lobby, as well as prevent fraudulent actions and allow users/players to feel like a part of the community.
ii) Skillpatti.com shall not be liable to Users/ players, who use the chat function, for damage caused by the behaviour of other Users/ players. When playing 2-7 triple draw poker or other poker games, User/player cannot comment (i.e. disabling of chat) on the current pots/hands including when the hand played is ‘ALL IN’. In the chat there should not be impolite comments to the Users/players, as well as comments and expressions that may offend other users/players. It is forbidden to violate the privacy or other rights of colleagues on the games. It is forbidden to ask and report personal information in a chat. It is forbidden to use the chat function for the purpose of advertising or promotion of goods, services or offers. Further, the topics of racial or national origin and political debate are forbidden. To report an abusive behaviour in the chat, User/player is advised to contact the Skillpatti.com Customer Support Service at info@skillpatti.com.
iii) The moderation or control of the chat system is carried out automatically or by the employees of Skillpatti.com. All conversations within the chat are recorded and stored. The collusion with the use of a chat is forbidden. In case of chat rules violation, Skillpatti.com sends User/player a warning. If the User/player continues to violate the rules, he/she may be banned from the chat. The User/player can also be banned with immediate effect without prior notice for an unlimited period at Skillpatti.com’s own discretion. The Company also reserves the right in its sole discretion to unblock the chat for a User/player prior to the earlier declared blocking period. All conversations with malice shall be reported to the appropriate authorities.
H. You hereby also agree to use our Website only for lawful purposes. Specific prohibited activities include, but are not limited to:
i) criminal or tortious activity, including child pornography, fraud including financial fraud and money laundering, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
ii) promoting illegal or tortuous activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
iii) using photos and/or pictures that are sexually explicit or pornographic, exposing the female breast or full exposure of either male or female buttocks, or any or all portions of the human genitalia; exposing anyone or anything involved in explicit sexual acts and/or lewd and lascivious behaviour, including masturbation, copulation, pedophilia, intimacy involving nude or partially nude people in heterosexual, bisexual, lesbian, or homosexual encounters; depicting anyone or anything that is crudely vulgar or grossly deficient in civility or behaviour or that shows scatological impropriety and any other content contravening good moral standards;
iv) attempting to circumvent, disable or otherwise interfere with security-related features of Skillpatti.com Website or features that prevent or restrict use or copying of any content or enforce limitations on use of Skillpatti.com Website or the content therein;
v) using cheats, exploits, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with Skillpatti.com Website, and taking advantage of cheats or exploits;
vi) using any software that intercepts, mines, or otherwise collects information about other Users/players or copies and stores any Proprietary Materials;
vii) interfering with, disrupting, or creating an undue burden on Skillpatti.com Website or the networks connected to the Skillpatti.com Website;
viii) attempting to impersonate another user/player/participant or person;
ix) soliciting personal information from anyone under the eighteen (18) years of age;
x) collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users/players/participants;
xi) using the account, username, or password of another account holder at any time or disclosing the User/player account password to any third party or permitting any third party to access the User/player Account;
xii) using any information obtained from Skillpatti.com in order to harass, abuse, or harm another person;
xiii) using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;
xiv) using Skillpatti.com Website in a manner inconsistent with any and all applicable laws and regulations;
xv) sublicense, rent, lease, sell, trade, gift, bequeath or other transfer of the User/player account associated with the User/player account to anyone;
xvi) access or use of a third-party account that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder or the original account creator; and
xvii) using the Website for commercial exploitation.
6. RESPONSIBLE GAMING:
6.1. We operate as a responsible gaming company and encourage our Users/players to play responsibly. We carefully monitor the playing activities of our Users/players and alert them if they develop any compulsive behaviour. We take precautionary measures to make sure that we offer a good online Poker gaming experience.
a) Users/players who are less than eighteen (18) years old are restricted to create an account.
b) Users/players who are less than eighteen (18) years old are prohibited from playing cash games.
c) 24/7 monitoring with an anti-fraud algorithm to detect fraudulent behaviour.
d) Implementation of anti-collusion measures during every Poker Game on the Site.
e) User/player Information is confidentially stored using high-level encryption.
f) Features to limit the online cash deposits and withdrawal amount.
g) Maximum deposit and withdrawal limits set to discourage gaming obsession.
h) KYC verification for User/player protection and game security.
6.2. Upon the User/player request, Skillpatti.com can suspend his/her account for an unlimited period, but not less than fifteen (15) days and up to a lifetime suspension and during this period access to the account will not be granted for any reason.
6.3. User/player can close his/her account at any time in accordance with our self-exclusion policy within responsible gaming. In order to do this, the User/player must contact our Customer Support Services team via info@skillpatti.com and specify the username or e-mail used to register the account the User/player wants to close.
6.4. At the end of the self-exclusion period the User/player may ask to restore access to his/her closed account. To do this the User/player must contact our Customer Support Services team via email at info@skillpatti.com and specify details of the account the User/player wants to reactivate.
6.5. All account reactivation requests are reviewed by us. Accounts that were closed in line with our self-exclusion policy under Responsible Gaming shall remain suspended prior to the expiration of the self-exclusion period for any reason whatsoever.
6.6. If the User/player requested us to terminate his/her account, the same cannot be re-activated for any reason whatsoever.
6.7. We will take all reasonable efforts to ensure compliance with our self-exclusion policy within responsible gaming. However, the User/player agrees that we do not take any responsibility whatsoever if he/she continues to deposit money on his/her gaming account and play 2-7 triple draw poker or other poker games using additional, previously not reported accounts or if he/she opens a new account with essentially the same personal registration information even if it was filled in the registration form another way.
6.8. User/player loses the right to all future Games/tournaments, bonus funds and the data entered in any Promotions. We will not be able to restore them in case of the User/player account re-activation at the end of the self-exclusion period.
6.9. Any remaining balance on the User’s/player’s account excluding active bonuses will be transferred to his/her bank account or any other specified account through the payment settlement system at Skillpatti.com’s sole discretion.
7. REGISTRATION:
7.1 To take part in the 2-7 triple draw poker or other poker games on Skillpatti.com, Users/players must complete registration and enter a game/tournament on the Website. In order to enter the competition entrants must be an existing registered user/player of Skillpatti.com or create and register a new Skillpatti.com account by providing all the details as requested.
8. BREACH AND CONSEQUENCES:
8.1 If we have evidence of a breach of our Terms & Conditions through our investigations or reasonable belief that your continued access to our website/app is deleterious or detrimental to the interests of Skillpatti.com and/or our Users/players or the general public, then we reserve the right in our sole discretion to take one or all of the actions as mentioned below:
a) Permanent suspension and/or termination of your User/player account on our Site;
b) Forfeit the balance amount left in your account;
c) Demand and order damages for breach of Skillpatti.com Terms & Conditions and take required civil actions to recover damages;
d) Initiate steps of prosecution for damages and violation that is equivalent to offences in law;
e) Cause restriction to access our games/tournaments/contests to Users/players who are suspected in cases of cheating or colluding;
f) Bar you from playing or registering at Skillpatti.com in the future, as we reserve full discretion to restrict you from playing our online games/tournaments.
8.2 The action taken by us will be solely due to your breach of our Terms & Conditions; the action shall be final and decisive that will be binding on you. Any action taken by us will be without prejudice to our other rights and remedies that are mentioned and available in law or equity.
9. USER/PLAYER ACCOUNT, SUSPENSION AND TERMINATION IN CASE OF FRAUD:
9.1 In order to access the 2-7 triple draw poker, Badugi or other poker games on Skillpatti.com, Users/players are required to open an account on Skillpatti.com (“Account”). When creating/signing up for the Account, Users/players shall be required to provide to us, certain details which may include but shall not be limited to the User’s/player’s mobile number and e-mail address.
9.2 Users/players shall also be required to provide to us with other ‘Know Your Customer (KYC)’ details, including payment mode used, PAN card details and/or other Identity proof at the time of withdrawal of the prize money from the Account on Skillpatti.com. This information will be held and used in accordance with our Privacy Policy.
9.3 User/player shall not be allowed to create more than one Account with one PAN Card. If the User/player does not have a valid PAN Card, the money in that User’s/player’s Account shall be non-transferable to any payment settlement system at the time of withdrawal of winnings. The User/player shall also not be eligible for any bonuses, promotions and/or rewards given to the other users/players by Skillpatti.com.
9.4 Users/players are responsible for: (i) keeping confidential any password that the Users/players have created, to use any aspect of the Game or availing Promotions, and (ii) restricting access to the User’s/player’s compatible device (Mobile, PCs, tablets etc). User/player agrees to accept full responsibility for all activities that occur within his/her Skillpatti.com Account. User/player must notify us immediately of any breach of security or unauthorized use of his/her Skillpatti.com user/player Account.
9.5 We shall not be liable for any loss caused through unauthorized use of the User’s/player’s Account, whether with or without the User’s/player’s knowledge. However, the User/player shall be liable for any loss to us or a loss to our third-party licensors’, content providers’, merchants’, advertisers’, sponsors’, and service providers’ (collectively, "Skillpatti.com Providers"), due to such unauthorized use.
9.6 We reserve the right at our sole discretion, to restrict, suspend, or terminate the User’s/player’s Account and/or the User’s access to any or all parts of the Skillpatti.com site at any time, for any reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of Skillpatti.com site. We expressly reserve the right to restrict, suspend and/or terminate the User’s/player’s access to any part of the site, if we determine, at our sole discretion, that the User/player has violated any of the terms/provisions of this Terms & Conditions, Privacy Policy, Disclaimer or any other rule/regulation of the site. Any balance consideration, remaining in the User’s/player’s Account shall be immediately forfeited in case of termination of User’s/player’s Account.
9.7 We reserve the right to refuse to accept any entry which, in its opinion, does not comply with the terms & conditions of the game/tournament or which contravenes the spirit of the game/tournament. We, further, have an absolute discretion to disqualify any entry, or vary, amend or waive the terms & conditions of the game at any time and users/players/participants agree that no liability shall attach to either party as a result thereof and that the exercise of such discretion shall not result in any compensation being payable or paid to any entrant. Any time Users/players or entrants found to be attempting or suspected of attempting to hack into any servers or systems run by Skillpatti.com will be immediately removed from the system, have their entries cancelled and shall be further liable for any legal proceedings (if any).
9.8 The User/player/participant hereby also agrees to use our Site only for lawful purposes. Users/players will immediately be banned from the accessing our Site if they are found to be participating in any one of the activities specified under these Terms & Conditions. Any conduct by you in violation of the foregoing prohibitions may result in the suspension and/or termination of your Account.
10. PAYMENTS AND USER/PLAYER FUNDS:
10.1 When the User/player provides details of the payment settlement system mode that the User/player proposes to use, the User/player represents that he/she is the authorized user/player of the payment settlement system mode, that is used to pay any fees required to be paid to participate in a Game or Promotion, being offered on the site by Skillpatti.com. User/player undertakes the responsibility of promptly notifying us of any change to his/her payment settlement system details, for any reason.
10.2 When making a payment or depositing in the Account, User/player shall ensure that the payment settlement system mode/instrument (Third Party Wallets, Credit Cards, Debit Cards etc.) used to make the payment is his/her own.
10.3 Allocation of funds to User/player playing account:
i) User/player can participate in any 2-7 triple draw poker or other poker games, but if he/she does not have enough funds on his/her Skillpatti.com User/player account, we shall not provide any credits to participate in the 2-7 triple draw poker or other poker games.
ii) User/player can use any convenient way to deposit money into his/her Skillpatti.com account on the Site. A list of possible methods of deposit can be changed periodically at our sole discretion. Depending on the method of placement of funds into the account, the amount of the deposit may be subject to a charge. Regardless of these charges your bank may also charge a fee for the transfer of funds and other payment methods.
iii) User/player guarantees that the funds that he/she has deposited into his/her account do not have criminal and/or illegal and/or unauthorized origin. We do not accept funds from third parties which include friends, relatives, partners and/or spouses. User/player needs to deposit cash into his/her account only from the account/system and/or payment cards/Wallets, which are registered in his/her name. If during the security check, we find a violation of this provision; all winnings can be confiscated and returned.
iv) User/player and Skillpatti.com further agree that no interest shall accrue on any money / funds deposited by the User/player in his/her Skillpatti.com User/player Account.
v) We accept payment(s) in INR (Indian Rupees) only. The basic currency for the account on Skillpatti.com shall be specified by the User/player when registering on the Skillpatti.com Site. Please note that the User/player shall bear all the costs related to the currency fluctuations
vi) When using bank transfers, credit or debit cards or Wallets to deposit funds into the User/player account, the funds are credited only after Skillpatti.com receives a confirmation and authorization code. If Skillpatti.com does not receive such authorization, the above shall not be credited into the User’s/player’s Account.
vii) Skillpatti.com reserves the right to use additional procedures and means to verify the User’s/player’s identity when he/she creates an account and credits funds in his/her account on the Skillpatti.com Site. To verify the User’s/player 's identity, Skillpatti.com has the right to request proof of the User’s/player’s identity (including, but not limited to, a copy of the passport / ID card / or any payment cards used, utility bill on his/her name). If the User/player fails to provide such information to us, we may suspend the respective User’s/player’s account for as long as he/she provides us with this information and/or permanently closes his/her account in case of failure to submit the requisite documents.
viii) In case of suspicious or fraudulent cash replenishments, including the use of stolen credit cards and/or any other activity of fraudulent nature (including any refunds or cancellation of payments), Skillpatti.com reserves the right to terminate the User’s/player’s Account, cancel any payment made and recover any winnings. We have the right to inform the relevant authorities and/or organizations (including the credit information agencies) of any fraud payments or other illegal activity. We reserve the right to hire collection agencies to return payments. Under no circumstances Skillpatti.com shall be liable for any unauthorized use of credit cards, irrespective of whether it was stated or not about the theft of credit cards.
10.4 Withdrawal of Winnings:
i) User/player shall be allowed to withdraw winnings from the Account by firstly transferring the winnings, from the Skillpatti.com account to the Thirty Party Wallets (E-Wallets) and/or Bank, where the User/player holds an Account in his/her name. In case the User/player withdraws an amount, which is less than INR 10 from his/her Skillpatti.com Account with the Skillpatti.com Site, we shall charge 5 % transaction fees (convenience fees) to such User/player on such withdrawal.
ii) User/player funds are held in trust by us in the User/player Account. We keep all players’/Users’ funds unencumbered which will be remitted to the User/player in due course subject to the terms & conditions applicable.
iii) We assume no liability for purchase error, trial versions, game/tournament purchased for the wrong device or Site, promotion codes or discounts not provided at the time of purchase. We will not be liable for any errors on billing statements issued to the User/player by his/her carrier.
iv) We also assume no responsibility on any network issues due to which the User/player may not in any case be able to access/use our Website before, during or after the game/tournament has commenced.
11. AWARD OF PRIZES:
11.1 Prizes will be awarded in accordance with the rules of the game and terms set-out in the terms of these Terms & Conditions.
11.2 Our decision in relation to the award of prizes and all other matters associated with the Game or Promotion will be final and no correspondence will be entered into or a dispute shall be entertained. The prizes are non-transferable and there are no alternative prizes unless determined by us. If for any reason it is not possible to provide the stated prize, we reserve the right to substitute the prize for a prize of equivalent monetary value.
11.3 All winners are required to co-operate with us to publicize their win as we deem appropriate in our sole discretion. Failure to comply with this rule may result in disqualification of the entry.
12. CONTACTING WINNERS:
12.1 Winners will be notified by us vide the User’s/player’s email address (provided at the time of registration) within twenty-four (24to48) hours of the game’s / tournament’s completion. The verification process and Mandatory Information Documents shall be required for the collection of prize(s).
12.2 The verification process and the documents required for the collection of prize(s) shall be detailed to the Winners at this stage. Winners will be required to provide following documents (“Mandatory Information Documents”):
a) User's/player’s PAN card;
b) Government-issued residence proof (only for Product prizes (if any));
c) User's/player’s bank account details and proof of the same; and
12.3 Skillpatti.com shall not permit a Winner to withdraw his/her prize(s)/accumulated winnings unless the above-mentioned documents have been received and verified within the time-period stipulated by Skillpatti.com. User/player represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate.
12.4 User/player agrees that where he/she do not possess a valid Government issued residence proof as part of the KYC requirement (as and when required by Skillpatti.com) under the Skillpatti.com Terms & Conditions (Terms of Use) and Privacy Policy and that he/she only possess Aadhaar Card, as the only KYC document, the same shall be considered a valid identity document (KYC Document) on Skillpatti.com only on the condition that the User/player signs and submits a Declaration Form to Skillpatti.com.
12.5 The said Declaration Form shall be submitted along with the Aadhaar Card to provide consent to Skillpatti.com and/or Black Sheep Gaming Private Limited to use the User’s/player’s personal information on Aadhaar Card in accordance with the Skillpatti.com Terms & Conditions (Terms of Use), Privacy Policy of Skillpatti.com, applicable laws in Republic of India and the judgement of the Hon’ble Supreme Court of India in Justice K.S. Puttaswamy (Retd.) and Anr. vs Union of India and Ors., Writ Petition (Civil) No. 494 of 2012.
12.6 Users/players/participants are required to provide proper and complete details at the time of registration / sign up and withdrawal of their winnings. We shall not be responsible for communications errors, commissions or omissions including those of the Users/players/participants due to which the results may not be communicated to the Winner.
12.7 In the event that a User/player has been declared a Winner on our Skillpatti.com site but has not received any communication from us, such User/player may contact us within the time specified on our Skillpatti.com Site.
12.8 If Winners are not able, for any reason, to accept a prize, we reserve the right in our sole discretion to award the prize to another user/player. We shall not be held liable, if a prize is not claimed by the winning user/player, for any reason beyond our control.
13. VERIFICATION OF WINNERS:
13.1 Only those Users/players, who successfully complete the verification process and provide the required documents within the time limit specified by Skillpatti.com shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). Skillpatti.com shall not entertain any claims or requests for extension of time for submission of documents.
13.2 We shall scrutinise all the Mandatory Information Documents submitted and may, at our sole and absolute discretion, disqualify any Winner from withdrawing his accumulated winnings (or any part thereof) on the following grounds:
a) We determine that any document or information submitted by the User/player is incorrect, misleading, false, fabricated, incomplete or illegible; or
b) User/player does not fulfil the eligibility criteria as specified under these Terms & Conditions; or
c) Any other ground which disqualifies such Winner.
14. USER/PLAYER CONDUCT:
14.1 You agree to abide by these Terms & Conditions and all other rules, regulations of the Skillpatti.com Website and/or App. In the event you do not abide by these Terms & Conditions and all other rules, regulations, Skillpatti.com may, at its sole and exclusive discretion, take necessary remedial action, including but not limited to:
a) restricting, suspending, or terminating your access to all or any part of Skillpatti.com services;
b) deactivating or deleting your Account (if any) and all related information and files on the account (if any). Any winnings amount on the date of deactivation or deletion shall be transferred to the User/player account in Skillpatti.com database subject to a processing fee (if any) applicable on such transfers as set out herein; or
c) refraining from awarding any prize(s) to such User/player.
14.2 You agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Skillpatti.com). You further agree to update and keep updated your registration information as and when required by Skillpatti.com.
14.3 You shall not register or operate more than one User/player account with Skillpatti.com.
14.4 You shall provide all the necessary Mandatory Information Documents (MIDs) as and when required by Skillpatti.com as per compliance of the Republic of India laws and regulations (state and central laws and regulations).
14.5 You agree to ensure that you can receive all communication from Skillpatti.com by marking emails from Skillpatti.com as part of your "safe senders" list. Skillpatti.com shall not be held liable if any e-mail remains unread as a result of such an e-mail being delivered to your junk and/or spam folder.
14.6 Any password made by the User/player and subsequently confirmed by Skillpatti.com shall not be disclosed to anyone else. You shall strictly avoid using any other person’s password. You shall be responsible for maintaining the confidentiality of your Skillpatti.com Account and password. You agree to immediately notify Skillpatti.com of any unauthorized use of your Skillpatti.com Account or any other breach of security.
14.7 You agree to exit/log-out of your Account at the end of each session. Skillpatti.com shall not be responsible for any loss and/or damage that may result if you fail to comply with these requirements.
14.8 You agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third-party software designed to modify or interfere with Skillpatti.com services and/or Skillpatti.com experience or assist in such activity.
14.9 You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying Skillpatti.com or its services.
14.10 You agree that without Skillpatti.com's express written consent, you shall not modify or cause to modify any files or software that are a part of Skillpatti.com's services.
14.11 You agree that you shall not indulge in collusive play with other Users/players/participants on the Skillpatti.com site in any manner.
14.12 You agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support Skillpatti.com or the Skillpatti.com services (each a "Server"); or (b) enjoyment of the Skillpatti.com services by any other User/player/participant or person.
14.13 You agree not to institute, assist or become involved in any type of attack, including without limitation to the distribution of a virus, denial of service, or other attempts to disrupt the Skillpatti.com services or any other person's use or enjoyment of the Skillpatti.com services.
14.14 You shall not attempt to gain unauthorised access to the User/player accounts, servers or networks connected to the Skillpatti.com services by any means other than the User/player interface provided by Skillpatti.com, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Skillpatti.com services.
14.15 If you choose a username that, in Skillpatti.com's opinion is considered to be obscene, indecent, abusive or that might subject Skillpatti.com and/or Black Sheep Gaming Private Limited to public disparagement or scorn, Skillpatti.com/Black Sheep Gaming Private Limited reserves the right, without prior notice, to change such username and intimate you or delete such username from Skillpatti.com, deny you access to Skillpatti.com, or any combination of these options.
14.16 Unauthorized access to the Skillpatti.com site shall be considered a breach of these Terms & Conditions, Privacy Policy and a violation of the applicable Republic of India laws and regulations (state or central laws and regulations). You agree not to access the Skillpatti.com site by any means other than through the interface that is provided by Skillpatti.com for use in accessing the Skillpatti.com site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our site, except those that has been approved in advance and in writing by us.
14.17 Use of the Skillpatti.com site shall be subject to existing Republic of India laws & regulations and legal processes. Nothing contained in these Terms & Conditions, shall limit the Skillpatti.com's right to comply with governmental, court, and law enforcement requests or requirements relating to User’s/player’s use of Skillpatti.com.
14.18 Users/players may contact info@skillpatti.com with problems or questions, as appropriate.
14.19 Users/players agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt the Skillpatti.com Services or any other person's use or enjoyment of the Skillpatti.com Services.
14.20 Users/players shall not attempt to gain unauthorised access to other User/player accounts on Skillpatti.com by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of the Skillpatti.com services.
14.21 Users/players provide their acceptance for not using the Skillpatti.com Site for any sort of inadequate activities including (but not limited to): to engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication; to harass, stalk, threaten, or otherwise, violate any legal rights of other individuals; to transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, www.skillpatti.com, any software, hardware, or telecommunications equipment; to advertise, offer or sell any goods or services for any commercial purpose on Skillpatti.com without written consent of Skillpatti.com; to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.
15. REWARDS AND PROMOTIONS
15.1 We may, on our own discretion, give away various “rewards and promotions” to the Users/players of Skillpatti.com by means of referral coupons, credit points, bonuses and various other means.
15.2 Our Promotions are only open to Users/players in India. Participation in these Promotions by proxy is not permitted. Participation in these Promotions shall be voluntary.
15.3 We may, at our sole and absolute discretion, disqualify any User/player from a Promotion if such User/player engages in or it is found that such User/player has engaged in any illegal, unlawful or improper conduct.
15.4 We reserve the right to withhold the benefits of a “rewards and promotions” in the event that we determine or reasonably believe that the participating User/player has violated our Terms & Conditions.
15.5 We reserve the right to change/modify/or withdraw any of the “rewards and promotions” and/or change “rewards and promotions” terms without any prior notice of the same in our sole discretion.
16. REFUND POLICY:
16.1 We shall not be responsible for any loss resulting from the cancellation and/or discontinuation of any game(s)/tournament due to service outages caused by failures of our service providers, computer viruses, natural disasters or any other reason which is beyond our control.
16.2 In the event, a game or a tournament is cancelled/called off by us, the money shall be refunded back to the Account of each User/player who participated in the particular game or tournament. We shall endeavour to refund the participation fee, within twenty-four (24to48) hours from the time the cancellation was confirmed by us.
16.3 In cases of accidental or erroneous cash credit to any party, user/player or company, we can independently, or you can request for a refund within two (2) weeks of initiating the transaction. We shall process the refund if it is a genuine case of accidental or erroneous cash credit, based on your request or our own independent investigation. The refund shall be carried out, and the amount shall be credited within two (2) weeks to the financial instrument which was used to perform the corresponding transaction.
16.4 Inactive Accounts and Unused Funds:
If your account has been inactive for over 365 days and has unused funds in the account, we can remind you one or two times to activate your account. To activate your account, you must login and use your funds by playing a cash game. If despite the reminders, you do not return to the Site and activate your account, we shall refund all unused funds from your account to your bank account on record. If you do not have any bank account information associated with your account or the bank account information provided is incorrect, we shall give you a final reminder to correct your bank account information. If you fail to provide your bank account information for a refund, we shall confiscate the funds from your Account and deactivate the Account. All the reminders shall be sent to the email and phone number you have provided to us as part of your Account’s details and information.
Accounts found in breach of our Terms & Conditions shall receive no reminders, and the unused funds of these accounts are subject to the terms of our Breach and Consequences policy under these Terms & Conditions.
17. DISCONNECTION POLICY / TECHNICAL FAILURES:
17.1 Disconnection protection is a tool which protects our users/players if their Internet connection is lost while they are involved in the game/tournament.
17.2 Service Disruptions: User/player may face Service disruptions, including, but not limited to disconnection or communication interferences due to issues in the internet infrastructure used for providing or accessing the Services or due to issues with the hardware and software used by the User/player. User/player understands that Skillpatti.com has no control over these factors. We shall not be held responsible for such factors including network, Internet services, computer hardware or software failures of any kind in the disruption in the services and you take full responsibility with complete knowledge for any risk of loss or damages caused due to interruption of Services for any such reasons.
17.3 User/player understands, acknowledges and agrees to the fact that if he/she is unable to play in any real money game due to any error or omission attributable to Skillpatti.com, including technical or other glitches at our end, the User’s/player’s remedy is limited either to:
i) A refund of the amount of entry fee which the User/player would has actually paid for participation in that real money game; or
ii) A refund of amount lost in that real money game. User/player agrees that under no circumstances shall he/she compel Skillpatti.com or hold Skillpatti.com liable to pay the User/player any amount over and above the service charges for any of the aforementioned errors/omissions of Skillpatti.com.
17.4 Tournament disconnection protection: During Single-Table and Multi-Table tournaments, the User/player will be folded if he/she loses his/her connection and his/her blinds will be paid until he/she returns. Refunds for poker tournaments (excluding Sit and Go tournament) will only be issued if a problem with the tournament (excluding Sit and Go tournament) is identified by Skillpatti.com and found to have been a result of a technical fault or error.
17.5 Cash Table Disconnection Protection: Disconnection protection resets are allowed for live game play and the User/player may contact the Customer Support Services team at info@skillpatti.com for the same.
17.6 Game/Tournament cancellation policy:
i) Each user/player(s) will be refunded back the exact amount of money he/she had at the start of the hand at the time of cancellation. If any Single-table tournament(s) is cancelled because for technical reasons, any user/player(s) who were eliminated prior to cancellation will lose their buy-in and entry fee. Remaining user/player(s) will have their buy-in and entry fee refunded and will receive an equal share of the buy-in monies of the eliminated user(s)/player(s). The eliminated user/player(s)' buy-ins is equally divided regardless of chip standing at the time of cancellation.
ii) If a Multi-table Tournament is cancelled because for technical reasons, all users/players will be refunded their buy-in/entry fee.
iii) For any Tournament cancelled in late registration period, only the buy-in (including any rebuys/add-ons) will be refunded. In case a Tournament is cancelled after the late registration period, the remaining prize pool will be distributed amongst the remaining users/players in the fairest method possible to the players participating in the tournament.
18. [CONTENT AND INTELLECTUAL PROPERTY:
18.1 With the exception of User/player content, all materials contained on the Black Sheep Gaming Private Limited and/or promoter website, including all content and the software, graphics, text and look and feel of the Website, and all trademarks, copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by Black Sheep Gaming Private Limited or its affiliated entities and/or promoters.
18.2 User/player shall not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of Skilpatti.com, in whole or in part. Subject to User’s/player’s compliance with this Agreement and any other relevant policies related to the Promotion. We grant to the User/player a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use Skillpatti.com and Proprietary Materials for the User’s/player’s own non-commercial entertainment purposes consistent with the intended purpose of Skillpatti.com. User/player agrees not to use Skillpatti.com for any other purpose.
18.3 Users/players are prohibited from posting on or transmitting through Skillpatti.com any content that infringes upon a third party’s intellectual property rights or is defamatory, damaging, illegal, abusive, racist or offensive.
18.4 Without limiting the foregoing, User/player may not post, modify, distribute, or reproduce in any way on the site any copyrighted material, trademarks, or other proprietary information belonging to others and/or the Skillpatti.com unless the User/player has first obtained the prior written consent of the owner of such proprietary rights. It is our policy to terminate the account of anyone who infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent.
18.5 By submitting content or materials to us through the Skillpatti.com site, including, without limitation, uploading any materials, choosing a username or participation in any chats or forums, User/player automatically grants us, or warrants that the owner of such content has expressly granted us, royalty-free, irrevocable, sub-licensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute the User/player content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content, and the User’s/player’s username, actual name, and likeness (if submitted), in whole or in part worldwide, including in connection with announcing the User/player as the winner or including the User/player in leaderboard.
18.6 User/player also hereby grants each User/player of Skillpatti.com, a non-exclusive license to access his/her content through the Promotion, and to use, reproduce, distribute, display and perform his/her content as permitted through the functionality of the site and under these Terms & Conditions. The above licenses granted by the User/player in the User/player content are perpetual and will only terminate if the User/player has requested the removal or deletion of his/her content from Skillpatti.com.
18.7 User/player understands and agrees, however, that we may retain, but not display, distribute, or perform, server copies of content that has been removed or deleted. Subject to these grants, User/player retains any and all rights which may exist in his/her content.
18.8 We may disclose any of the User’s/player’s content or electronic communication of any kind (i) to comply with any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Skillpatti.com; (iii) to protect the rights or property of promoter and our officers, directors, employees and agents; or (iv) to protect Skillpatti.com Providers and any other user/player.
18.9 User/player represents and warrants that they own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of the User/player content and to enable inclusion and use of the User/player content in the manner contemplated by these Terms & Conditions. User/player further represents and warrants the User/player content will not defame any third party and that use of the same on the site will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party
18.10 We would also like to inform you that our site may contain information about third parties and have hyperlinks to them. Therefore, we would like to inform you that we are not responsible in any manner about the implied warranty to the quality, integrity or accuracy of the content that belongs to the third-party websites. You may rely on the content of the third party that is posted on our site solely at your judgement, risk, and liability. When you visit such content, you will be subject to applicable Terms & Conditions, Privacy Policy and other legal documents. We will like to declare that we do not control and are not responsible for any content belonging to third-party websites, as the hyperlink does not always necessarily mean endorsement of another party website by us.
19. REPORTING IN ACCORDANCE WITH THE POLICIES TO COMBAT MONEY LAUNDERING:
19.1 We observe and follow the Prevention of Money Laundering Act, 2002 and the relevant rules & regulations amended from time to time. In accordance with the laws of India, we are required and obliged to report all suspicious transactions to the competent authorities of India. If the User/player became aware of any suspicious activity in relation to Poker game(s) on Skillpatti.com, User/player should immediately notify us.
19.2 We may suspend, block or terminate your User/player account and keep all the funds at the same time, if so, requested by the Money Laundering Law. We reserve the right to use additional procedures and means to verify the compliance with all the rules of operations of the company in relation to anti-money laundering law.
20. CONFIRMATION OF ENTRY:
20.1 Our computer record of the entry will be considered proof of entry. Entries correctly submitted via the site will result in an acceptance message on the site (which entrants are advised to print out and keep) confirming the entrant's email address & password and these details will be confirmed to the entrant by email. We do not accept responsibility for network, computer hardware or software failures of any kind which may restrict or delay the sending or receipt of entry. Our decision shall be final.
21. LEGALITY:
21.1 User’s/ player’s/participant’s use of the Skillpatti.com site & software is also subject to laws of the State in which the User/player resides and from which he/she accesses the Skillpatti.com site, as well as the laws enacted by the Republic of India. Residents physically located outside Republic of India and in the States of Andhra Pradesh, Arunachal Pradesh,Assam, Odisha (Orissa), Telangana, Karnataka, Gujarat, Nagaland and Sikkim (“Excluded States”) are ineligible to open a User/player Account on the Skillpatti.com site.
21.2 Users/players seeking to participate in the ‘games of skill’ offered by the Skillpatti.com site from the Excluded States would be ineligible for prizes offered by Skillpatti.com and/or Black Sheep Gaming Private Limited. Skillpatti.com, at its sole discretion or the judicial and/or government authority, through an order/decree/judgment/direction, may add additional States in the Excluded States. In such a case, the Users/players/participants from the said States shall be ineligible to participate in the online 2-7 triple draw poker or other poker games/tournaments on the Skillpatti.com site where the participation fee is charged, and the prizes are offered. Any credit/winning amount of such a user/player, available in the User/player Account with us shall not be usable, till the time the judiciary/government authority expressly allows the site to offer its online poker game in the Excluded State.
21.3 In case wherein detailed audits on the end of Skillpatti.com, any user/player/participant is found to be a resident of any of the aforementioned Excluded States and is found to be hiding such details from Skillpatti.com at the time of registration, then, actions mentioned under these Terms & Conditions including but not limited to blocking of account, account reset, account deletion or deactivation shall be initiated. If, in future, the laws of these Excluded States change and the residents of these States are allowed to participate in the paid versions of ‘games of skill’, the Users/players/participants (who were blocked earlier for being a resident of these States) shall be treated as new registrations and in no case, previous winnings shall be considered, and any such claim shall not be entertained in any case by us.
21.4 Any credit/winning amount of such a User/player/participant, available in the User/player Account with Skillpatti.com shall not be usable, till the time the judiciary/government authority expressly allows the Skillpatti.com site to offer its online 2-7 triple draw poker or other poker game(s) /tournaments in the Excluded States.
21.5 User/player/participant agrees that Skillpatti.com shall not be held liable if laws applicable to the User/player/participant restricts or prohibits his/her participation. User/player agrees that Skillpatti.com cannot be held liable if laws applicable to the User/player restricts or prohibits his/her participation.
21.6 Skillpatti.com makes no representations or warranties, implicit or explicit, as to the User’s/player’s legal right to participate nor shall any person affiliated or claiming affiliation with the User/player/participant have authority to make any such representations or warranties.
22. INTERNATIONAL USERS:
22.1 Skillpatti.com site and service are hosted in Republic of India and are intended for and directed to users/player/participants in the Republic of India (except the Excluded States). Skillpatti.com makes no representation that the Skillpatti.com site is appropriate or available in locations outside Republic of India. Those who choose to access the Skillpatti.com site from outside Republic of India and/or the Excluded States are doing it at their own risk and shall be themselves responsible for compliance with the applicable laws.
22.2 If you are a user/player/participant accessing the Skillpatti.com site and service from any region with laws or regulations governing personal data collection, use, and disclosure, your continued use of Skillpatti.com site and service (governed by the Republic of India laws and regulations (State or Central), Skillpatti.com Terms & Conditions, Privacy Policy and any other rules & regulations) you consent to transfer your personal information to Skillpatti.com as per the Republic of India laws and regulations (State or Central) applicable at that time.
23. TAXES PAYABLE:
23.1 All prizes shall be subject to deduction of tax at source ("TDS") as per the Income Tax Act, 1961 on winnings of more than INR. 10,000/- (Indian rupees ten thousand only) in a single tournament, a single game. TDS at the rate of 30% shall automatically be deducted from any such winnings, in these cases, you will be required to submit your Permanent Account Number (PAN) if you have not already done so. We reserve the right to verify your PAN card details from time to time and to cancel any prize if your PAN card details are found to be inconsistent in our verification process. The winning Users/players shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, Goods and Service Tax (GST) etc. in respect of the prize money.
24. CHARGEBACK POLICY
24.1 “Chargeback” is a credit card charge that has been disputed or claimed as fraud with a credit card company and/or the User’s/player’s bank. A credit card chargeback occurs after a cardholder/User(s)/player(s) initiates a merchant dispute with their issuing bank and the issuing bank will then charge back the transaction being disputed from Skillpatti.com and the cardholder's account is credited.
24.2 Chargeback, as defined above, may occur for one of the following reasons:
1. Mistakenly filed by the cardholder/User/player as he/she did not recognize the charge;
2. Many User(s)/player(s) request friends, parents or other relatives to pay for the game, and they may misunderstand the billing policy and/or do not recognize the charges. They may then file a dispute for the fees;
3. After a credit card is lost or stolen, User/player or bank disputes the charges in error;
4. An account is sold, shared, transferred or traded and the previous owner disputes previous billing fees. These types of accounts can and will not be released;
5. Technical problems during the payment processes; and
6. Fraudulent use of a credit card.
24.3 Procedure for User(s)/player(s) recovering his/her account following Chargeback
1. User(s)/player(s) needs to verify his/her ownership of the account in question for a chargeback. User/player may need to create a new account to do so.
2. User/player then needs to provide the following details:
a) Name (as on the Government issued Identity Card):
b) Username:
c) Name on the Credit Card:
d) The last 4 digits of the Credit Card used on the account:
e) Full Billing Address:
f) Current answer to security question:
g) Email Address:
3. In order to uphold the Skillpatti.com privacy and security policies, representatives will ask you to verify information on an account. Payments shall not be accepted if the contact is not able to prove his/her ownership of the account. Missing information can cause delays and halt the recovery process. If the User/player requires additional time to gather the requested information, he/she should contact Skillpatti.com at info@skillpatti.com.
4. If the User(s)/player(s) does not remember the exact credit card number, he/she should check with the bank from whom the credit card was issued to the User/player. When an account is terminated and/or banned, the same shall not be renewed automatically on the Skillpatti.com Site. All billing related to that User/player account shall be stopped.
24.4 Dispute of Charge by the User(s)/player(s) with his/her bank:
1. If the User/player has disputed a charge with his/her bank, Skillpatti.com shall terminate and/or close the User’s/player’s account and place it under suspension until the payment is returned to Skillpatti.com.
24.5 User’s/player’s card charged without permission
1. Skillpatti.com has no way of knowing who is charging the User’s/player’s credit card at the time of purchase. However, there are certain factors which shall establish whether or not the charge is from a legitimate source or is fraudulent in nature. In most cases Skillpatti.com shall actively ban and refund charges to credit cards that it has determined to be fraudulent in nature. However, most of the chargeback claims are not legitimate and require remittance before the account can be used again.
Friendly Fraud: Friendly Fraud occurs when a charge is placed by a member of a household with access to a credit card (or who has memorized the security information on a card) and placed charges which may not be known to the primary card holder. The charges shall still be counted as legitimate whether or not the primary card holder was aware of the charges.
24.6 Process to be followed by Skillpatti.com after verification of ownership
1. Once the User(s)/player(s) has verified ownership, the Skillpatti.com team in charge of the User(s)/player(s) case shall give the User(s)/player(s) instructions on how to proceed.
24.7 User(s)/player(s) shall also remember that every case is different and that the Skillpatti.com team will need to research exactly what happened to ensure that both the User(s)/player(s) and Skillpatti.com get the fairest result.
25. ANTI- FRAUD POLICY:
25.1 Fraud typically involves making deposit via fraudulent payment methods. These events pose no threat to innocent players since these defrauding Users/players simply use the Site as a means to spend, deposit or exchange money that does not belong to them. Skillpatti.com have several fraud detection systems and shall continue adding more systems to make safe and secure environment for the Users/players to pay and play on the Site.
25.2 Skillpatti.com does not tolerate unfair or fraudulent behaviour from Users/players on its Site. Once unfair or fraudulent behaviour is detected, Users/players found to be abusing, cheating or defrauding Skillpatti.com or its users/players, by using illegal, unfair or fraudulent mean(s), shall be suspended or permanently banned from accessing the Skillpatti.com Site and appropriate legal action against such perpetrators shall be undertaken. Any funds and/or deposits of any identified player engaging in unfair or fraudulent conduct or cheating, shall be frozen with immediate effect without notice. The information about the perpetrator will be shared with other online gaming sites and government authorities, as required.
25.3 Skillpatti.com encourages Users/players, who it believes and/or has a reason to believe, that a User(s)/player(s) is using illegal means and/or engaging in cheating or unfair practices while using the Skillpatti.com Site in any manner, he/she may report the incident or any other detail that may be relevant to Skillpatti.com for necessary and appropriate steps.
26. REPRESENTATIONS AND WARRANTIES:
26.1 User/player, not limiting his/her statutory rights, expressly acknowledges and agrees to the following:
1. User/player uses the Skillpatti.com site (including the Game and/or the Promotion) at his or her own risk. Skillpatti.com expressly disclaims, all express or implied representations or warranties.
2.Each User/player shall bear their own risk concerning all the gaming activities being undertaken by him/her through this site (including Game and/or Promotion).
3. User/player understands that certain delays can occur in Skillpatti.com’s system/network and therefore he/she shall not hold Skillpatti.com or any Skillpatti.com Provider/Affiliates/Partners, responsible for any system/network related problems.
4. Skillpatti.com does not guarantee, amongst other things that:
a) The site (including Game and/or Promotion) will meet the User’s/player’s expectations;
b) the site (including Game and/or Promotion) will be accessible without interruption or in a timely, reliable or fault-free manner;
c) the results obtained through use of site (including Game and/or Promotion) will be correct and reliable;
d) the quality of the products, services, information or other material purchased or obtained by the User/player through the site (including Game and/or Promotion) will meet the User’s/player's expectations.
5. User/player shall be solely responsible for damages to his/her data system or for loss of data arising from downloads of content from the site (including Game and/or Promotion).
27. LIABILITY AND INDEMNITY:
27.1 In accordance to the extent which is permitted by law, and in the humble consideration for allowing you to take part in the activity of online games, you hereby agree with full knowledge to indemnify, defend & save and hold us harmless to the complete extent of all awards and benefits, disbursements, litigation cost and reasonable fee of the attorney that we may have to incur or suffer in connection therewith including any sort of direct or indirect or consequential losses that may refer to any loss of profit and reputation that can arise from any claim, suits, taxes, actions, cause of actions, damages, penalties, injuries, expenses, demands, interest and/or awards imposed, brought or asserted against us by any user/player/person who has a connection with:
a) Access to your User/player Account by using your username or password by any other user/player/person to use our game/tournament services with or without your authorization;
b) Instances of use, misuse or abuse of your User/player Account on our Site in any way whatsoever.
c) Offensive, illegal or defamatory conduct, demeanour or acts carried out by any user/player that are intended to mislead, defame and threaten, or cause obscene, illegal or inaccurate actions, even if originating from another user/player who is using your own account.
d) Cause infringement of other parties’ intellectual property rights by publishing any content on our Site.
e) Disruptions like technical failures, disconnections, defects, interruptions, system breakdowns, manipulations in data transmission, corruption of data or its loss, failure in communication lines, distributed and constant denial of service attacks, and virus or other unfavourable or adverse instances of technology in connection with your access to or the use of our services to play 2-7 triple draw poker or other poker games on our Website.
27.2 Except as expressly provided in these Terms & Conditions, and to the extent permitted by law, Skillpatti.com and its employees, agents and partners disclaim any and all liability in respect of any loss or damage arising out of the site and/or the game, whether such loss or damage results from negligence, breach of statutory duty or otherwise, and whether in contract or in tort or otherwise, including but not limited to the loss or corruption of data, any errors or omissions, content, delays or interruptions in transmission or operation and lines or communication failure. In no event shall we be liable for any loss of profit, goodwill and any indirect, special or other consequential or incidental damage, whether foreseeable or not.
28. DISCLAIMERS:
28.1 Skillpatti.com shall make best endeavours to ensure that the Site (website/app) is error-free and secure. However, neither Skillpatti.com nor any of its partners, licensors or associates make any warranty that:
i) The Site will meet Users’/players’ requirements;
ii) The Site will be uninterrupted, timely, secure, or error-free;
iii) The results that may be obtained from the use of the Site will be accurate or reliable.
28.2 Skillpatti.com holds all the rights to rectify any errors identified in the determination of winners or in the transfer of amounts to a User's/player’s account, using various methods as it deems fit, including but not limited to through a set-off of the mistaken payment from amounts due to the User/player or deduction from the User’s/player's account of the amount of mistaken payment. In such events, Skillpatti.com agrees to notify the User/player about the error and the rectification measure adopted to address the error.
28.3 Complying to the legal bodies and authorities neither Skillpatti.com nor its partners, licensors or associates disclaims any sort of responsibility for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
28.4 Skillpatti.com is authorized to cancel any events or contest(s) requiring specific permission or authority from any statutory authority or any State or the Central Government, or the board of directors or any events wherein such permission or authority is either not obtained or denied either before or after the organization of the relevant events or contest(s)
28.5 By accepting these Terms & Conditions, Users/players agree not to make any demands or claims in the event of suspension or closure of any services, events or contests organized/provided by Skillpatti.com.
29. FORCE MAJEURE:
29.1 Neither Party to these Terms & Conditions shall be liable for any loss and/or any failure to perform any obligation under these Terms & Conditions due to causes beyond its reasonable anticipation or control including real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident and defect in electricity or telecommunication network, among other events.
29.2 Force Majeure and/or another event beyond Skillpatti.com’s control hindering, delaying or complicating the maintenance of the Skillpatti.com Game/Tournament, shall entitle Skillpatti.com to suspend or limit the Skillpatti.com Game/Tournament until further notice.
30. GOVERNING LAW AND JURISDICTION:
30.1 The Courts of competent jurisdiction at Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, our services, the construction, validity, interpretation and enforceability of these Terms & Conditions, or the rights and obligations of the User(s)/player(s)/participant(s) or Skillpatti.com, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
31. DISPUTE RESOLUTION:
31.1 If any question, issue, difference or dispute arises between the disputing Parties as to the interpretation of these Terms & Conditions or as to the duties and/or liabilities of either Party to these Terms & Conditions hereunder or as to any matter and/or thing arising out of or under these Terms & Conditions, the Party raising the dispute shall provide a written notification ("Notification") to the other Party. On receipt of Notification, the Parties shall first try to resolve the dispute through discussions.
31.2 If the Parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration by sole arbitrator to be appointed mutually by the disputing Parties. The Arbitration proceedings shall be conducted at Delhi in accordance with the Indian Laws (both Substantive and Procedural) under the Arbitration and Conciliation Act, 1996 as amended and re-enacted from time to time and the Award so made shall be final and binding on all the Parties. The language of arbitration proceedings shall be English.
31.3 The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
Nothing contained in these Terms & Conditions shall prevent us from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard our interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on our part to pursue any remedy for monetary damages through the arbitration described herein.
32. COMPLAINTS AND NOTICES:
32.1 Complaints and/or Notices of erroneous payment or un-received winnings shall be made in writing and delivered to Skillpatti.com within thirty (30) days calculated from the moment the deviation was or should have been detected. If, however, Skillpatti.com does not receive the complaint/notice within the said time limit, the User/player shall lose his/her right to invoke the correction of deviation.
32.2 All the complaints/notices shall be sent to us by email at [*] and/or by physical documentation to Skillpatti.com address provided under these Terms & Conditions.
33. MISCELLANEOUS:
33.1 It is a condition of entry to the 2-7 triple draw poker or other poker games that all rules & regulations are accepted as final and that user/player/participant agrees to abide by these rules & regulations. The instructions form a part of these Terms & Conditions. By participating in the game/tournament/promotions user(s)/player(s)/participant(s) will be deemed to have read and understood these Terms & Conditions and will be bound by them.
33.2 ENTIRE AGREEMENT: The Terms & Conditions, Privacy Policy, rules & regulations and other legal documents of Skillpatti.com, as amended from time to time, constitute the entire agreement between the User/player and us. If any term(s)/provision(s) of these terms & conditions are considered unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that term(s)/provision(s) shall be deemed severable from the other term(s)/provision(s) and shall not affect the validity and enforceability of any remaining terms/provisions, which shall remain in full force and effect.
33.3 ABILITY TO ACCEPT TERMS & CONDITIONS:
i) You affirm that you are above eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions.
ii) Skillpatti.com takes children's privacy seriously and encourages parents and/or guardians to play an active role in their children's online experience. Skillpatti.com does not knowingly collect any personal information from children below the aforementioned age and if Skillpatti.com learns that Skillpatti.com has inadvertently gathered personal data from children under the aforementioned age, Skillpatti.com shall take all reasonable measures to promptly delete and/or destroy such personal data from Skillpatti.com’s records.
iii) You further represent and warrant that you are not located in any Excluded State in Republic of India where Skillpatti.com is prohibited to be offered and/or accessed under the laws of Republic of India (Central or State laws).
33.4 ASSIGNMENT: These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Skillpatti.com without restriction.
33.5 CHANGES TO TERMS & CONDITIONS: We reserve the right, to modify these Terms & Conditions at any time. Any changes to these Terms & Conditions will be posted on the Skillpatti.com site and it is your responsibility to review these Terms & Conditions for any changes. Your continued use of the Skillpatti.com site following a posting of changes is your agreement to the changes/amendments and you shall be bound by the current & updated version of these Terms & Conditions. If any changes/amendments to these Terms & Conditions are unacceptable to you, you must discontinue the use of services offered by Skillpatti.com. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Skillpatti.com site, including but not limited to for any violation of any provision of these Terms & Conditions. We also reserve the right to change the Skillpatti.com site without notice to you, at any time.
33.6 WAIVER: No waiver of any terms of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term and Skillpatti.com’s failure to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
33.7 RELATIONSHIP: None of the provisions of the Terms & Conditions shall be deemed to constitute a partnership or agency between you (User/player) and Skillpatti.com and you shall have no authority to bind Skillpatti.com in any manner, whatsoever. If you are registering on the Skillpatti.com site as a business entity, you represent that you have the authority to bind the entity to this Agreement.
33.8 COMMUNICATION:
i) When the User/player uses the Account or sends emails to us, the User/player is communicating with us electronically. User/player consents to receive communications from us electronically. We will communicate with the User/player by email or by posting notices on our Skillpatti.com Website.
ii) All communications between the Users/players and Skillpatti.com shall be communicated in written form in English language only. All communication shall be conducted in Parliamentary language (language which is not offensive and/or abusive). Strictest of actions shall be taken against the User/player who uses such offensive and/or abusive language including but not limited to suspension and/or termination of the User/player Account. Skillpatti.com prevents and prohibits any such use of offensive and/or abusive language.
