Sachiko End User Licence Agreement

This end user licence agreement ("Agreement") is made between Sachiko, a company incorporated in West Bengal, India, and with registered office in 109/25 Hazra Road, Shop 1-A, Ground Floor, Kolkata, West Bengal, India ("us" or "Sachiko") and you (the "User" or "you") and should be read by you in its entirety prior to your use of Sachiko services or products.

By entering into this Agreement, you acknowledge that the trademark PokerStars (the "Brand") is owned by Rational Intellectual Holdings Limited ("RIHL") and licensed to Sachiko in India. As such, where used and the context allows, the term "Rights Holders" means us, Sachiko, RIHL and its group companies. 

Please note that this Agreement constitutes a legally binding agreement between you and Sachiko.

1. THE PLATFORM AND THE SOFTWARE

Sachiko is the licensee in India of the Brand and poker platform containing various skill game based services ("Platform") at www.pokerstars.in (the "Site") and it hereby offers the Platform to you on the terms and conditions governing your use of the Platform set out below. For the purposes of this Agreement, the definition of "Software" means any and all software that we provide or make available to you, regardless of the medium, and whether it is downloadable by you to your end-user device or not. Therefore "Software" will include the software which has been licensed to Sachiko and which is hereby sub-licensed to you and which is downloadable to your personal desktop or laptop computer ("PC") from the Site and the web-based software accessible from the Site as well as the mobile software application downloadable or made available to you on your end-user device (including, without limitation, a cellular phone, PDA, tablet, or any other type of portable or mobile device now existing or hereafter devised) (each, a "Device") as well as all ancillary software to the software (whether web-based software or client/server software).

2. GRANT OF LICENSE/INTELLECTUAL PROPERTY

2.1 Subject to the terms and conditions contained herein, Sachiko grants to the User a non-exclusive, personal, revocable, non-transferable right to install and use the Software on your PC or Device solely for the purpose of accessing the Sachiko or its service providers' servers (as applicable) and playing the games available on the Platform (the "Games") (the Software and Games together being the "Service").

2.2 The Software is sub-licensed to you by Sachiko for your private personal use. Please note that the Service is not intended for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals connecting to the Site from jurisdictions from which it is illegal to do so. We may at the time of registration and/or at any time request from you evidence of your age and we may suspend or cancel your User Account and exclude you, temporarily or permanently, from using the Service if satisfactory proof of age is not provided or if we suspect that you are underage or if we determine in our sole discretion that the document evidencing the age proof is a forged or false document or if we are notified that you are accessing the Service from a jurisdiction where access to the Service is unlawful. Sachiko is not able to verify the legality of the Service in each jurisdiction and it is the Users' responsibility to ensure that their use of the Service is lawful.

2.3 The Rights Holders and their service providers (as applicable) are the sole holders of all rights in the Brand, the Software and the Software's code, structure and organisation, intellectual property including but not limited to copyright, trademarks, trade secrets and other rights.

2.4 You shall not, within the limits prescribed by applicable laws:

  • copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;
  • sell, assign, sub sub-license, transfer, distribute or lease the Software;
  • make the Service available to any third party through a computer network or otherwise;
  • export the Software to any country (whether by physical or electronic means);
  • use the Software or Service in a manner prohibited by applicable laws or regulations; or
  • use the Service for commercial use or for any other purpose other than personal use.

(each of the above is an "Unauthorised Use").

2.5 Sachiko, and the other Rights Holders reserve any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Software.

2.6 You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorised Use. You shall notify Sachiko immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide Sachiko with reasonable assistance with any investigations it conducts or steps it takes in light of the information provided by you in this respect.

2.7 The Brand, the Site and any other trademarks, service marks, signs, trade names and/or domain names used by Sachiko on the Site and/or the Service from time to time (the "Trade Marks"), are the trademarks, service marks, signs, trade names and/or domain names of the Rights Holders (as applicable), and the Rights Holders reserve all rights to such Trade Marks. In addition, all the content on the Site, including, but not limited to, the Software, the Platform, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to the Rights Holders (as applicable) and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content and/or the Trade Marks, or any part thereof. Except to the extent permissible under this Agreement, under no circumstances you shall use the Site Content and/or the Trade Marks without the Right Holder's (as applicable) prior written consent.

2.8 You agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by any of the Right Holders in the Software, the Platform, the Trade Marks or the Site Content nor will you do anything that damages or potentially may damage the image or reputation of the Rights Holders, their group companies, employees, directors, officers, advisors and consultants.

2.9 You warrant that any names or images used by you in connection with the Site or Service (for example, your user name and avatar) shall not infringe the intellectual property, privacy or other rights of any third party. You hereby grant to the Rights Holders (as applicable) a worldwide, irrevocable, transferable, royalty free, sub-licensable licence to use such names and images for any purpose connected with the Site or Service or otherwise, subject to the terms of our Privacy Policy.

3. NO WARRANTIES

3.1 The Rights Holders disclaim any and all warranties (present or future), expressed or implied, in connection with the Service which is provided to you "AS IS" and they give you no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.

3.2 Regardless of the Rights Holders' efforts to provide you with service of the highest quality, safety and security, the Rights Holders make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the Software and the Site shall be free from viruses, bugs or other contaminants.

3.3 The Rights Holders reserve the right to suspend, discontinue, modify, remove or add to the Service in their absolute discretion with immediate effect and without an obligation to provide you with notice where they consider necessary to do so, or where they deem it necessary for the management, maintenance or update of the Software and the Rights Holders shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by them in this regard.

4. AUTHORITY

Sachiko retains authority over the issuing, maintenance, and closing of User Accounts on the Site. The decision of Sachiko's management, as regards any aspect of a User Account, use of the Service, or dispute resolution, is final and shall not be open to review or appeal, under any circumstances.

5. YOUR REPRESENTATIONS AND WARRANTIES:

Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:

5.1 there is a risk of losing money when using the Service and that neither Sachiko nor its service providers shall have any responsibility to you for any such loss;

5.2 your use of the Service is at your sole option, discretion and risk;

5.3 in compliance with our regulatory requirements and in order for you to access and use the Software and/or the Service you will need to provide Sachiko and/or its service providers with certain Personal Information (as defined in our Privacy Policy) about yourself (including details regarding your methods of payment) as well as consenting us (or third parties acting on our behalf) to have access to or make use of your location data and/or such other data or information that may be derived from your Device or PC, to enable the Software/Service to be made available to you. You hereby consent to Sachiko and/or its service providers (or third parties acting on their behalf) to access and use such data for the purposes outlined above and for any other purposes, subject to applicable law. You are not permitted to use the Software and/or Service if you do not wish to be bound by this provision. Sachiko and/or its service providers will process your Personal Information in compliance with the data protection laws and regulations of India, all in accordance with and as set out in our Privacy Policy and may also transfer your data overseas to facilitate and improve the provision of the Service;

5.4 any applicable taxes which may be payable on cash or prizes awarded to you through your use of the Service shall be deducted by the Rights Holders as required by applicable laws. The User is solely responsible for performing any additional tax compliances under applicable law such as reporting of income in income tax returns etc. The User hereby agrees to indemnify the Right Holders for all liabilities in this respect, without any limitations;

5.5 the telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of Rights Holders and no Rights Holders (as applicable) shall have any liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same;

5.6 you are aged 18 or over and that you are not currently self-excluded from any online or mobile gaming site and that you will inform us immediately if you enter into a self-exclusion agreement with any gaming provider;

5.7 you are not barred by any laws and have no imposition of any sanctions or held to be in violation of any statutes to use and utilise the Software, the Site or the Platform and have no criminal record or criminal proceedings against you. You further agree that all funds that you utilise are not fraudulent and at no time will lead to any issues under any corruption laws; and

5.8 the account will at all times be used by you and you will not share any account details (including your login ID and password) with any third parties and/or any other Users.

6. PROHIBITED USES

6.1 SOFTWARE MODIFICATIONS. In addition to clause 2.4, Users shall not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way.

6.2 PERSONAL USE. The Service is intended solely for the User's personal use. The User is only allowed to play stakes for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her User Account with Sachiko for any purpose other than for the purposes allowed in this Agreement. You must provide full and truthful information in respect of all details and information provided by you to Sachiko and you are obligated to update such details in the event of any change thereto.

6.3 COLLUSION. Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. Sachiko reserves the right, in addition to other measures, to restrict seating and/or to prohibit Users from playing at a particular poker table or in a tournament, including restricting two or more Users from playing together at the same table or in the same tournament. In addition, Sachiko reserves the right to consider any collusion or attempt at collusion between players (including Users) as a material breach of this Agreement and accordingly Sachiko shall have the right to terminate a User Account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt.

6.4 EXTERNAL PLAYER ASSISTANCE TOOLS. Sachiko prohibits external player assistance tools ("EPA Tools") that are designed to provide an "unfair advantage" to players. Sachiko defines EPA Tools as computer software (other than the Software), and non-software-based systems (e.g. web sites, subscription services and physical material). Sachiko takes a broad view of what constitutes an "unfair advantage" in the context of any use of EPA Tools. For the avoidance of doubt, what is prohibited encompasses but is not limited to accessing or compiling information on other players beyond that which you have personally observed through your own game play or receiving advice, direction or assistance on how to play, in real time, that goes beyond a basic level.

6.5 AUTOMATIC PLAYERS (BOTS). The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Service. All actions taken in relation to the Service by a User must be executed personally by players through the user interface accessible by use of the Software, and without the assistance of any form of artificial intelligence.

You agree that Sachiko and/or its service providers may take steps to detect and prevent the use of prohibited EPA Tools. These steps may include, but are not limited to, examination of software programs running concurrently with the Sachiko and/or its service providers' Software on your computer. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps.

6.6 CHIP-DUMPING. Chip-dumping occurs when any User intentionally loses a poker hand in order to deliberately transfer his chips to another User. Any User who participates or attempts to participate in chip-dumping with any other User, including being the recipient of funds, while using the Service may be permanently banned from using the Service and their User Account may be terminated immediately. In such circumstances Sachiko will be under no obligation to refund to you any monies that may be in your User Account at such time.

6.7 FRAUDULENT BEHAVIOR. In the event that Sachiko deems that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest, collusive or improper activity while using the Service, including without limitation, engaging in any of the activities set forth in this clause 6 or any other game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback or money laundering, Sachiko shall be entitled to take such action as it sees fit, including, but not limited to:

  1. immediately blocking a User's access to the Service;
  2. terminating a User Account;
  3. seizing the funds within a User Account;
  4. disclosing such information (including the identity of the User) to financial institutions, relevant authorities and/or any person or entity that has the legal right to such information; and/or
  5. taking legal action against a User.

6.8 Sachiko and its service providers prohibit persons located in (including temporary visitors) or residents of certain territories (including territories where persons are required to play according to the regulations in such territory, using the appropriately designated, licensed game) from making deposits into their accounts or engage in the Games (the "Prohibited Jurisdictions"). For the avoidance of doubt, the foregoing apply equally to residents and citizens of other nations while located in a Prohibited Jurisdiction. 

Any attempt to circumvent the restrictions on play by any persons located in a Prohibited Jurisdiction is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by Sachiko and/or its service providers to identify your location and providing Sachiko and/or its service providers with false or misleading information regarding your location or place of residence. Any such attempt will entitle us to take such steps as we deem appropriate including, without limitation, seizing the funds in your User Account.

6.9 OFFENSIVE LANGUAGE OR CONTENT. Users are prohibited from posting any unlawful, indecent, racist, obscene, libellous, defamatory or threatening material or any material (including any avatar) that would violate any law or generally be considered to be offensive, on its own or in connection with the Service.

7. BREACH

7.1 Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, Sachiko and/or the Rights Holders (as applicable) reserve the right to take such action as they deem fit, including terminating this Agreement or any other agreement in place with the User, immediately blocking the User's access to the Service or to any other service offered by Sachiko, terminating such User Account on the Site or on any other sites operated by Sachiko, and/or taking legal action against such User.

7.2 You agree to fully indemnify, defend and hold harmless the Rights Holders and their shareholders, directors, officers, employees, advisors and consultants from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:

  1. your breach of this Agreement, in whole or in part;
  2. violation by you of any law or any third party rights; or
  3. use by you of the Service or use by any other person accessing the Service using your Login Credentials (as defined below), whether or not with your authorization.

8. SECURITY AND YOUR ACCOUNT

8.1 Each User account ("User Account") shall be accessible through the use of a combination of a unique Sachiko ID ("Sachiko ID"), a unique and secret password ("Password"), and other optional numeric authentication methods that the User may select (the Sachiko ID, Password and any other authentication features together being referred to as the "Login Credentials"). The User is obligated to choose his/her own Sachiko ID and Password in accordance with the rules relating thereto. Any and all references on the Site to 'Stars Account' means your User Account with Sachiko.

8.2 The User agrees that he/she is solely responsible for all use of the Service under his/her Login Credentials and that he/she shall not disclose the Login Credentials to any person whatsoever nor permit another person to use the Service via his/her User Account.

8.3 The User is obliged to keep his/her Login Credentials secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefrom shall be that of the User.

8.4 A User shall only have one User Account with the Sachiko and shall only use the Service using such single account. It is prohibited for a User to open multiple accounts with Sachiko. In the event that Sachiko becomes aware of additional accounts opened by a User, Sachiko may close any or all accounts without notice and may confiscate funds held in such accounts.

8.5 Please note that monies held in your User Account do not accrue interest.

8.6 You will not be able to place any stakes using the Service in an amount greater than the total amount of money in your User Account.

8.7 You are fully responsible for paying all monies owed to Sachiko. You agree not to make any chargebacks, and/or deny or reverse any payment made by you in respect of the Service. You will reimburse Sachiko for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.

8.8 Sachiko reserves the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Service.

8.9 You acknowledge and agree that if your User Account is "active" (i.e. you have logged into your User Account at any time during the prior 12 months consecutive period) monies deposited by you in your User Account are held in a closed-loop wallet on your behalf and are considered to be "End User's Deposits" and represent a pre-payment for a service to be availed by the User in the future from Sachiko. In the event that your User Account is "inactive" (i.e. you have not logged into your User Account for a consecutive 12 months' period), monies deposited by you in your User Account will cease to be "End User's Deposits" and will be forfeited. In addition, any deposits made must either be withdrawn or be utilized within a period of 12 months from the time of such deposit. In the event any balances remain unused for more than a 12 month period, then Sachiko reserves the right to forfeit such balances.

8.10 Important information relating to value added tax (VAT), goods and services tax (GST) and any other applicable service tax (hereinafter described as "Sales Tax"). Where applicable, we treat our revenue as being inclusive of all Sales Tax and we account for and pay such Sales Tax to the relevant authorities on behalf of our Users. Users should not take any action with respect to Sales Tax.

9. LIMITATION OF LIABILITY

Under no circumstances, including negligence, shall Sachiko or its service providers or any other member(s) of the group be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if Sachiko and/or its service providers had prior knowledge of the possibility of such damages.

10. THIRD PARTY SOFTWARE

10.1 The Software contains third party software, including software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org); cryptographic software written by Eric Young; ungif software written by Eric S. Raymond; PSTCollectionView software written by Peter Steinberger, and font software that is proprietary to the licensor or its suppliers and subject to the copyright laws of the United States and other jurisdictions (the "Third Party Software").

10.2 The User's use of the Third Party Software is subject to compliance with all of the terms and conditions of this Agreement.

10.3 The Third Party Software may not be altered, modified or extracted from the Software.

10.4 The User's use is limited to "internal use" meaning use of the Third Party Software only in the course of the User's customary and ordinary internal personal use and not for further resale, sublicensing or distribution.

10.5 All rights not expressly granted in the Third Party Software are reserved.

10.6 The OpenSSL Toolkit, the ungif software, the PSTCollectionView software and cryptographic software is provided by the OpenSSL Project, by Eric S. Raymond, by Peter Steinberger and by Eric Young "as is" and any expressed or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the OpenSSL Project, Eric Young, Eric S. Raymond, Peter Steinberger or their contributors be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the OpenSSL Toolkit, the ungif software, the PSTCollectionView software and cryptographic software, even if advised of the possibility of such damage.

11. DISPUTES

The User accepts that the historical data of each game shall be as recorded on our servers. In the event of a discrepancy between the poker cards displayed on your computer and the game records on our server the latter shall prevail. The User accepts that the "Instant Hand History" and "Hand Replayer" features of the Software shall not be considered as the official historical record of any hand.

If a User wishes to make a complaint, please contact Support.

12. AMENDMENT

Sachiko reserves the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the Site, unless communicated and instructed otherwise. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Copies of previous versions of the Agreement can be obtained by writing to Support. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement. If you disagree with any changes made to this Agreement, you shall cease using the Services and withdraw all of your funds and winnings.

13. TRANSFER OF RIGHTS

13.1 Sachiko and/or Rights Holders, as applicable, may wish to transfer/assign their rights or obligations under this Agreement to any of their group companies or any other legal entity (including but not limited to instances where any of the Rights Holders restructures their business or if there is a sale of their business). You agree that the Rights Holders may do so provided that in the case of a transfer/assignment, after the applicable Rights Holder/s notifies you of the date on which they transfer/assign their rights and obligations under this Agreement, your rights in connection with this Agreement will be against the new legal entity. This Agreement is personal to you and you shall not transfer your rights or obligations under this Agreement to anyone else.

13.2 Without prejudice to the foregoing, the Rights Holders may transfer your Personal Information to any of their respective group companies or any other legal entity if it restructures its business, or if there is a sale of all or any part of their business or their assets or otherwise. In the event of any of these transfers occurring, the party who acquires your Personal Information will assume the rights and obligations described in our Privacy Policy.

14. SEVERABILITY

If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

15. 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 Sachiko. The place of arbitration shall be Mumbai, Maharashtra, India. Subject to arbitration as provided above, the courts at Mumbai shall have the exclusive jurisdiction.

16. ACCEPTING THE TERMS OF USE

You hereby accept the fact that you have read, understood and are willing to abide by the terms and conditions laid down in this Agreement. You further agree that the terms and conditions set out under this Agreement are fair, reasonable and just given the matters set out under this Agreement and you waive any and all rights to have any claims against the Rights Holders on grounds set out above.

17. MISCELLANEOUS

17.1 No waiver by The Rights Holders of any breach of any provision of this Agreement (including the failure of The Rights Holders Holders to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.

17.2 Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement other than with respect to any Rights Holders' group companies and third party providers.

17.3 Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.

17.4 This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.

17.5 The User must provide full and truthful information in respect of all details and information requested by us in connection with the User's use of the Service subject at all time to the terms of the Privacy Policy.

17.6 The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.

Copyright © Rational Intellectual Holdings Limited 2018. All rights reserved.

With regard to the OpenSSL Toolkit:
Copyright © 1998-2011 The OpenSSL Project. All rights reserved.
Copyright © 1995-1998 Eric Young. All rights reserved

With respect to PSTCollectionView software:
Copyright (c) 2012-2013 Peter Steinberger

With respect to ungif software:
The GIFLIB distribution is Copyright (c) 1997 Eric S. Raymond

More information is available at www.pokerstars.in.

Sachiko can be contacted via Support.

In force from March, 2018.

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