Terms of Service

1. Sachiko Gaming Private Limited

PokerStars is the flagship brand of Sachiko Gaming Private Limited, a company incorporated under the Companies Act 1956, with its corporate office at Obeya Tulip, No. 100, Regent Insignia, 100 Feet Road, 4th Block Koramangala, Bengaluru Urban, Karnataka, 560034 ("Sachiko Gaming”). Sachiko Gaming operates the platform “PokerStars” through the website PokerStars.in, its mobile application, and related sub-pages (collectively "PokerStars Platform”) and all of them are subject to these Terms of Service (hereinafter referred to as "Terms" or “Terms of Service”). “Sachiko Gaming”, as used herein, shall be construed as a collective reference to Sachiko Gaming Private Limited and the PokerStars Platform(s).

2. Usage of Sachiko Gaming

• Any person ("User") accessing the PokerStars Platform for participating in the cash and practice games along with tournaments available on the PokerStars Platform ("Game(s)") (collectively “Sachiko Gaming Services” ') shall be bound by these Terms of Service, and all other rules, regulations and terms of use referred to herein or provided by Sachiko Gaming in relation to any Sachiko Gaming Services.




• Sachiko Gaming shall be entitled to modify these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Sachiko Gaming in relation to any Sachiko Gaming Services, at any time, by posting the same on the PokerStars Platform. Use of Sachiko Gaming constitutes the User's acceptance of such Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Sachiko Gaming in relation to any Sachiko Gaming Services, as may be amended from time to time. Sachiko Gaming may, at its sole discretion, also notify the User of any change or modification in these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Sachiko Gaming, by way of sending an email to the User's registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Sachiko Gaming. If such options are not exercised by the User within the time frame prescribed in the email or notification, or the User continues to access the PokerStars Platform after being notified of the changes, the User will be deemed to have accepted the modified Terms and Conditions, rules, regulations and Terms of Service referred to herein or provided by Sachiko Gaming.




• Certain Sachiko Gaming Services being provided on the PokerStars Platform may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail.




• Sachiko Gaming may, at its sole and absolute discretion:

  
  

  • Restrict, suspend, or terminate any User's access to all or any part of the PokerStars Platform or Sachiko Gaming Platform Services;

  • Change, suspend, or discontinue all or any part of the Sachiko Gaming Platform Services;

  • Reject, move, or remove any material that may be submitted by a User;

  • Move or remove any content that is available on the PokerStars Platform;

  • Deactivate or delete a User's account and all related information and files on the account;

  • Establish general practices and limits concerning use of the PokerStars Platform;

  • Offer discounts to its users in form it deems fit ("Cash Bonus"). All such discounts shall be credited in a separate account on the PokerStars Platform called Cash Bonus Account;

  • Assign its rights and liabilities to all User accounts hereunder to any entity (after such assignment information about such assignment shall be sent to all Users at their registered email addresses).




• In the event any User breaches, or Sachiko Gaming reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used Sachiko Gaming or the Sachiko Gaming Services, Sachiko Gaming may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to all or any part of Sachiko Gaming Services or the PokerStars Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on Sachiko Gaming and further, take technical and legal steps as it deems necessary.




• If Sachiko Gaming charges its Users a platform fee in respect of any Sachiko Gaming Services, Sachiko Gaming shall, without delay, repay such platform fee in the event of suspension or removal of the User's account or Sachiko Gaming Services on account of any negligence or deficiency on the part of Sachiko Gaming, but not if such suspension or removal is effected due to:

  • any breach or inadequate performance by the User of any of these Terms and Conditions; or

  • any circumstances beyond the reasonable control of Sachiko Gaming.




• Users hereby consent to receiving communications such as announcements, administrative messages and advertisements from Sachiko Gaming or any of its partners, licensors or associates.

3. Intellectual Property

• Sachiko Gaming includes a combination of content created by Sachiko Gaming, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all software underlying Sachiko Gaming and the PokerStars Platform and material published on Sachiko Gaming, including (but not limited to) games, Games, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by Sachiko Gaming, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Sachiko Gaming either in whole or in part without express written license from Sachiko Gaming.




• Users may request permission to use any Sachiko Gaming content by writing in to Sachiko Gaming Helpdesk.




• Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on Sachiko Gaming ("Users' Content"). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User's Content and that no part of the User's Content infringes any third party rights. Users further confirm and undertake to not display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on Sachiko Gaming. Users agree to indemnify and hold harmless Sachiko Gaming, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Sachiko Gaming, by such User or through the User's commissions or omissions.




• Users hereby grant to Sachiko Gaming and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users' Content for any of the following purposes:

  
  

  • displaying Users' Content on Sachiko Gaming

  • distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or

  • storing Users' Content in a remote database accessible by end users for a charge or fee.

  • This license shall apply to the distribution and storage of Users' Content in any form, medium, or technology.




• All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Sachiko Gaming belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Sachiko Gaming.

4. Third Party Sites, Services and Products

• Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. User's correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that Sachiko Gaming will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor and not Sachiko Gaming.




• Sachiko Gaming contains content that is created by Sachiko Gaming as well as content provided by third parties. Sachiko Gaming does not guarantee the accuracy, integrity, or quality of the content provided by third parties and such content may not be relied upon by the Users in utilizing the Sachiko Gaming Services provided on the PokerStars Platform including while participating in any of the Games hosted on the PokerStars Platform.

5. Privacy Policy

• All information collected from Users, such as registration and credit card information, is subject to Sachiko Gaming's Privacy Policy, which is available at the Privacy Policy.




6. User Conduct




• Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the PokerStars Platform. In the event that the User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, Sachiko Gaming may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:

  
  

  • restricting, suspending, or terminating any User's access to all or any part of Sachiko Gaming Services;

  • deactivating or deleting a User's account and all related information and files on the account. Any amount remaining unused in the User's Game account or Winnings Account on the date of deactivation or deletion shall be transferred to the User's bank account on record with Sachiko Gaming subject to a processing fee (if any) applicable on such transfers; or

  • refraining from awarding any prize(s) to such User.




• Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Sachiko Gaming). Users further agree to update and keep updated their registration information.




• A User shall not register or operate more than one User account with Sachiko Gaming’s PokerStars platform.




• Any password issued by PokerStars to a User may not be revealed to anyone else. Users may not use anyone else's password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify Sachiko Gaming of any unauthorized use of their passwords or accounts or any other breach of security.




• Users agree to exit/log-out of their accounts at the end of each session. Sachiko Gaming shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.




• Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorized third party software designed to modify or interfere with Sachiko Gaming Services and/or Sachiko Gaming experience or assist in such activity.




• Users 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 PokerStars Platform or Sachiko Gaming’s Services.




• Users agree that without Sachiko Gaming's express written consent, they shall not modify or cause to be modified any files or software that are part of Sachiko Gaming’s Services.




• Users 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 Sachiko Gaming or the Sachiko Gaming’s Services (each a "Server"); or (2) the enjoyment of Sachiko Gaming Services by any other User or person.




• Users 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 the PokerStars Platform or the Sachiko Gaming’s Services (each a "Server"); or (2) the enjoyment of Sachiko Gaming Services by any other User or person.




• Users shall not attempt to gain unauthorized access to the User accounts, Servers or networks connected to Sachiko Gaming Services by any means other than the User interface provided by Sachiko Gaming, 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 Sachiko Gaming Services.




• Users shall not publish any content that is patently false and untrue, and/or is written or published in any form with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.




• Without limiting the foregoing, Users agree not to use Sachiko Gaming for any of the following:

  
  

  • 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 publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;

  • 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, Sachiko Gaming, any software, hardware, or telecommunications equipment;

  • To advertise, offer or sell any goods or services for any commercial purpose on Sachiko Gaming without the express written consent of Sachiko Gaming

  • To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;

  • To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

  • To restrict or inhibit any other user from using and enjoying any public area within our sites;

  • To collect or store personal information about other Users;

  • To interfere with or disrupt Sachiko Gaming, servers, or networks;

  • To impersonate any person or entity, including, but not limited to, a representative of Sachiko Gaming, or falsely state or otherwise misrepresent User's affiliation with a person or entity;

  • To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Sachiko Gaming or to manipulate User's presence on Sachiko Gaming(s);

  • To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;

  • To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.

  • To engage in any action that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offense or prevents investigation of any offense or is insulting to other nations.




• If a User chooses a username that, in Sachiko Gaming's considered opinion is obscene, indecent, abusive or that might subject Sachiko Gaming to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, Sachiko Gaming reserves the right, without prior notice to the User, to restrict usage of such names, which in Sachiko Gaming’s opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and posts from Sachiko Gaming, deny such User access to Sachiko Gaming, or any combination of these options.




• Unauthorized access to Sachiko Gaming is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access Sachiko Gaming by any means other than through the interface that is provided by Sachiko Gaming for use in accessing Sachiko Gaming. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.




• Users may reach out to Sachiko Gaming through -

  
  

  • Helpdesk if the user has any concerns with regard to a match and/or Game within forty eight (48) hours of winner declaration for the concerned Game.




• Persons below the age of eighteen (18) years are not allowed to participate in any Game on the PokerStars Platform that is organized for winnings or prizes in money or in kind.




• Users agree and acknowledge that Sachiko Gaming shall not be held responsible for any content contributed by Users on PokerStars.




7. Conditions of Participation:




By entering a Game, the User agrees to be bound by these Terms of Service and the decisions of Sachiko Gaming. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user from a Game, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Game or is in any way detrimental to other Users which includes, but is not limited to:




• Falsifying one’s own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by PokerStars to enter a Game and/or claim a prize/winning.;




• Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Game or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user.;




• Colluding with any other user(s) or engaging in any type of syndicate play;




• Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;




• Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose;




• Any type of Cash Bonus misuse, misuse of the Invite Friends program, or misuse of any other offers or promotions;




• Tampering with the administration of a Game or trying to in any way tamper with the computer programs or any security measure associated with a Game;




• Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (Spamming may include but shall not be limited to sending unsolicited emails to users, sending bulk emails to PokerStars Users, sending unwarranted email content either to selected Users or in bulk); or




• Abusing the Website in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of abuse).




It is clarified that in case a User is found to be in violation of this policy, Sachiko Gaming reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money, if any.




8. Registration for the platform




• In order to register for the platform (s), Participants are required to accurately provide the following information:

  
  

  • Full Name

  • Team Name(s)

  • E-mail address

  • Password

  • State of Residence

  • Gender

  • Date of birth




• Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.




• In the event a Participant indicates, while entering an address, that he/she is a resident of Andhra Pradesh, Assam, Gujarat, Nagaland, Meghalaya, Sikkim or Telangana such Participant will not be permitted to proceed to sign up for any match for winnings or prizes in money or otherwise.




• Once the Participants have entered the above information, and clicked on the "register" tab, and such Participants are above the age of 18 years, they are sent an email confirming their registration and containing their login information.






9. Games(s), Participation and Prizes




• As part of its services, Sachiko Gaming may make available the Games(s) on the PokerStars Platform.




• Poker is a game which is played with only one deck. In this game, each player is dealt 2 ‘hole cards’ face down and over several rounds, 5 more cards are revealed at the center of the table which are called ‘community cards’ and are common to all the players.




• While there could be multiple rounds, the 5 community cards are dealt over multiple streets called flop (first 3 cards are dealt), turn (4th card is dealt) and river (5th card is dealt).




• There are 3 important positions in a game of Poker called Dealer (player who deals the cards), Small Blind (first active player sitting to the left of the dealer) and Big Blind (second active player sitting to the left of the Dealer). Small Blind and Big Blind positions are critical in every game of Poker as players at these two positions have to contribute to the starting pot by paying the Small Blind and Big Blind.




• After this, each player in a round needs to contribute an equal amount to the pot in that round to move to the next street or for the next set of community cards to open.




• In this context, in each round players can check, i.e. pass the action if no other player has increased the value of the pot, raise, i.e. raise the current value of the pot, call, i.e. match the current raise, or fold, i.e. forfeit the amount contributed to the starting pot and/or any amount they may have raised during the previous rounds as yet and not be a part of that hand on account of weak cards or some similar strategy.




• Showdown can happen earlier as well if all but one player folds or if all players go all-in, i.e. contribute their entire table balance to the pot.




10. Game Formats




• The platform will have Cash and practice games of No Limit Texas Hold’em varian




• In a No Limit Texas Hold’em variant, players are given 2 unique cards each with 5 common community cards in a game. The player’s objective is to get a hand of the best possible 5 cards out of this total of 7 cards and accordingly formulate a game strategy. Each possible combination of 5 cards has a corresponding rank, the player with the highest ranking combination wins the hand. For players with cards of the same rank, the pot is equally divided.




• The different combination of cards based on their ranking from strongest to weakest combination is:

  
  

  • Royal flush: Straight flush of the same suit and mandatorily includes 10, J, Q, K, A of same suit

    
    

  • Straight flush: 5 cards of sequential ranks from the same suit

    
    

  • Four of a kind: Four cards of the same rank irrespective of their suit

    
    

  • Full house: 3 cards of one ranks and 2 cards of another rank irrespective of their suit

    
    

  • Flush: All 5 cards of the same suit but different ranks

    
    

  • Straight: 5 cards of sequential rank but not all of the same suit

    
    

  • Three of a kind: 3 cards of the same rank irrespective of the suit

    
    

  • Two pairs: Two cards of one rank, two more cards of another rank and one card of a third rank

    
    

  • One pair: Two cards of the same rank and three other cards of three different ranks

    
    

  • High card: None of the above combinations is possible and hence comparison is done based on the highest ranking card.

    
    



11. Legality of Game of Skill




• All Games on the PokerStars Platform are “games of skill”. Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867. The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.




• By participating in these games(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.




12. Eligibility to participate in a Game of Skill




• The Game(s) are open only to persons above the age of 18 years.




• The Game(s) are open only to persons currently residing in India. Sachiko Gaming may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Game(s). Currently, individuals residing in the Indian states of Andhra Pradesh, Assam, Gujarat, Nagaland, Meghalaya, Sikkim, or Telangana may not participate in the paid version of the Game as the laws of these states are unclear/ bar persons from participating in games of skill where participants are required to pay to enter.




• Persons who wish to participate must have a valid email address.




• Sachiko Gaming may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be one with insider knowledge of participating teams in any given Games/match, organizing boards, leagues etc.




• Only those Participants who have successfully registered on the PokerStars platform as well as registered prior to each match in accordance with the procedure outlined above shall be eligible to participate in the Game and win prizes.




• You are prohibited from playing cash games/tournaments on PokerStars Platform if you are not legally competent to make transactions in Indian rupees through banking channels in India and/or if you are not accessing PokerStars Platform from a jurisdiction where playing cash games/tournaments online is legally permitted. Any violation of this policy will be considered a breach of our Terms of Service and as a result Sachiko Gaming may take such steps as it may deem fit and/or necessary.




13. Payment Terms




• In respect of any transactions entered into on the PokerStars platform, including making a payment to participate in the paid versions of Game(s), Users agree to be bound by the following payment terms:

  
  

  • Each payment that a User makes to participate in a Game and during gameplay is inclusive of the platform fee charged by Sachiko Gaming for access to the Sachiko Gaming Services as well as the User’s/participant’s contribution to the prize pool. The platform fee charged by Sachiko Gaming, details of which can be found here, is subject to change at the sole discretion of Sachiko Gaming. Sachiko Gaming reserves the right to change the platform fee for any and all formats of the Game(s) at any time without prior notice to Users/players.

  
  

  • Subject to these Terms and Conditions, all amounts collected from the User are held in a separate non-interest earning bank Accounts. The said accounts are operated by a third party Escrow Agent appointed by Sachiko Gaming in accordance with Clause 10 of these Terms and Conditions. From these bank accounts, the payouts can be made to (a) Users (towards their withdrawals), (b) PokerStars (towards its platform fees) and to (c) Government (towards TDS on Winnings Amount). Sachiko Gaming receives only its share of the platform fees through the said Escrow Agent.

  
  

  • KYC verification is mandatory for a cumulative deposit of ₹50,000 or more or the first withdrawal, whichever happens first. KYC verification includes the verification of your ID, address, and mobile number. We reserve the right to verify your PAN and/or KYC documents (ID and address) from time to time and to rescind or cancel any prizes won by you if your PAN and/or KYC documents (ID and address) are found incorrect/inconsistent in our verification process.

  
  

  • The platform fee (inclusive of applicable tax thereon) will be debited from the User’s account balance and Sachiko Gaming shall issue an invoice for such debit to the User.

  
  

  • The User may participate in a Game wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Game, which will be passed on to the Winner(s) of the Game after the completion of the Game as per the terms and conditions of such Game. It is clarified that Sachiko Gaming has no right or interest in this Prize Money Pool, and only facilitates collection and distribution of the Prize Money Pool in accordance with the Game terms and conditions. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User’s account balance maintained with the Trustee.

  
  

  • Every user availing Sachiko Gaming services is provided with three categories of accounts for the processing and reconciliation of payments: (i) 'Unutilized' Account, (ii) Winnings Account, and (iii) Cash Bonus account. It is clarified that in no instance can a User be permitted to transfer any amounts directly from the Unutilized Account to the Winnings Account without participation in a Game.

    • User's winnings in any Game will reflect as credits to the User's Winnings Account.

    • User’s remitting the amount through the designated payment gateway shall be credited to User’s Unutilized Account’.

  
  

  • Each time a User participates in any Game on the PokerStars platform, the pre-designated amount shall be debited in the User’s account. In debiting amounts from the User’s accounts towards the pre-designated amount of such user shall be debited from the User’s Unutilized Account and thereafter, any remaining amount of participation fee shall be debited from the User’s Winning Account.

  
  

  • In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Game(s), the User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s ‘Unutilized’ Account and will be available for use in participation in any match(s) or Game(s).

  
  

  • Debits from the ‘Unutilized’ Account for the purpose of enabling a user’s participation in a Game shall be made in order of the date of credit of amounts in the ‘Unutilized’ Account, and accordingly amounts credited into ‘Unutilized’ Account earlier in time shall be debited first.

  
  

  • All amounts credited into a User's 'Unutilized' Account must be utilized within 365 days of credit. In case any unutilised amount lies in the 'Unutilized' Account after the completion of 365 days from the date of credit of such amount, Sachiko Gaming reserves the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to the User.

  
  

  • Withdrawal of any amount standing to the User's credit in the Winnings Account may be made by way of a request to Sachiko Gaming. Sachiko Gaming shall effect an online transfer to the User's bank account on record with Sachiko Gaming within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings Account. Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address in order for Sachiko Gaming to process the withdrawal request along with other KYC details as may be requested. The name mentioned on the User's photo identification document should correspond with the name provided by the User at the time of registration on Sachiko Gaming, as well as the name and address existing in the records of the User's bank account as provided to Sachiko Gaming. In the event that no bank account has been registered by the User against such User's account with Sachiko Gaming, or the User has not verified his/her User account with Sachiko Gaming, to Sachiko Gaming's satisfaction and in accordance with these Terms and Conditions, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account, Sachiko Gaming shall not transfer any Winning amounts to the User.

  
  

  • Further, in order to conduct promotional activities, Sachiko Gaming may gratuitously issue Cash Bonus to the User for the purpose of participation in any Game(s) and no User shall be permitted to transfer or request the transfer of any amount into Cash Bonus. The usage of any Cash Bonus issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such Cash Bonus must be used, as applied by Sachiko Gaming and notified to the User at the time of issue of such amount. The issue of any Cash Bonus to the user is subject to the sole discretion of Sachiko Gaming and cannot be demanded by any User as a matter of right. The issue of any Cash Bonus by Sachiko Gaming on any day shall not entitle the user to demand the issuance of such Cash Bonus at any subsequent period in time nor create an expectation of recurring issue of such Cash Bonus by Sachiko Gaming to such User. The Cash Bonus granted to the user may be used by such User for the purpose of setting off against the contribution to the prize pool in any Game, in accordance with these Terms and Conditions. The Cash Bonus shall not be withdraw-able or transferrable to any other account of the User, including the bank account of such User, or of any other User or person, other than as part of the winnings of a User in any Game(s). In case the User terminates his/her account with Sachiko Gaming or such account if terminated by Sachiko Gaming, all Cash Bonus granted to the user shall return to Sachiko Gaming and the User shall not have any right or interest on such points.

  
  

  • All Cash Bonus credited in the User account shall be valid for a period of 14 days from the date of credit. The unutilized Cash Bonus shall expire at the end of 14 days from the date of credit.

  
  

  • Users agree that once they confirm a transaction on PokerStars, they shall be bound by and make payment for that transaction.

  
  

  • The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that Sachiko Gaming has on third parties, any transactions on PokerStars Platform may take up to 7 working days to be processed. Any amount paid or transferred into the User's 'Unutilized' Account or Winnings Account may take up to 7 working days to reflect in the User's 'Unutilized' Account or Winnings Account balance. Similarly, the utilization of the Cash Bonus or money debited from 'Unutilized' Account or Winnings Account may take up to 7 working days to reflect in the User's 'Unutilized' Account or Winnings Account balance. Users agree not to raise any complaint or claim against Sachiko Gaming in respect of any delay, including any lost opportunity to join any Game or match due to delay in crediting of transaction amount into any of the User's accounts A transaction, once confirmed, is final and no cancellation is permissible. Sachiko Gaming may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.

  
  



14. Withdrawal Restrictions




Sachiko Gaming may implement different withdrawal policies on a player-specific basis. These policies may encompass a variety of withdrawal limits and fees, including daily and monthly restrictions, paid limits, and free withdrawal limits within specific time frames. If you happen to exceed the prescribed free withdrawal limits within your designated time frame, withdrawal fees may apply to subsequent transactions during that period. Please note that free withdrawal limits may not be available to all users.




Please be aware that these withdrawal policies, including limits and fees, are subject to changes at Sachiko Gaming’ exclusive discretion, and these adjustments may vary from player to player.
You agree that all the withdrawals you make are governed by the following conditions:

• You can choose to withdraw your real money winnings at any time, subject to our withdrawal restrictions, by placing withdrawal requests from your account.

• You can only withdraw your winnings/withdrawable balance, from your Winnings balance. No Bonus balance or Deposit balance can be withdrawn. Moreover, winnings can be withdrawn only after making at least one cash deposit on PokerStars.

• We will process withdrawal requests only after KYC and withdrawal verification has been successfully completed, and transfer funds via online transfer.




15. Taxes Payable




All prizes shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961. As per the new tax rules issued by the Government of India, 30% TDS will be deducted from the Net Winnings (Net Winnings = Withdrawals − Deposits − FY Opening Balance) included in the withdrawal amount at the time of withdrawal or at the end of the financial year. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable taxes, including but not limited to, income tax, gift tax, etc. in respect of the prize money. Please find the detailed TDS policy here




GST Compliance and Deductions




In compliance with the amendments made in the Central Goods and Services Tax Act, 2017, Integrated Goods and Services Tax Act, 2017, the State Goods and Services Tax Act, 2017 and Rules made under the said Acts including Notifications issued under the said Acts (hereinafter collectively referred to as “GST Laws”) related to taxability of online gaming, Sachiko Gaming is obligated to discharge GST at the rate of 28% on the amount deposited by Players/Users for playing on PokerStars. Sachiko Gaming and the Player/User agree that the amount deposited by the Player/User in his/her PokerStars account will be deemed to be inclusive of GST . Accordingly, the GST portion of the amount deposited by the Player/User will be deducted by Sachiko Gaming from the Player’s/User’s user account to be paid to the Government.
In the event that Sachiko Gaming decides, at its own and absolute discretion, to refund an amount deposited accidentally by a player/user, the amount will be refunded only after deducting GST payable on such amount, in accordance with the GST Laws. No amount will be refunded in full and any refund is subject to Sachiko Gaming’ absolute discretion.




16. Miscellaneous




The decision of Sachiko Gaming with respect to the awarding of prizes shall be final, binding and non-gameable.
Participants playing the paid formats of the Game(s) confirm that they are neither residents of nor logged in from any of the following Indian states - Andhra Pradesh, Assam, Gujarat, Nagaland, Meghalaya, Sikkim or Telangana. If it is found that a Participant playing the paid formats of the Game(s) is a resident of or logged in from any of the abovementioned states, Sachiko Gaming shall disqualify such Participant and forfeit any prize won by such Participant. Further Sachiko Gaming may, at its sole and absolute discretion, suspend or terminate such Participant's account with Sachiko Gaming. Any amount remaining unused in the User's Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User's bank account on record with Sachiko Gaming, subject to the processing fee (if any) applicable on such transfers as set out herein.
If it is found that a Participant playing the paid formats of the Game(s) is under the age of eighteen (18), Sachiko Gaming shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, Sachiko Gaming may, at its sole and absolute discretion, suspend or terminate such Participant's account.
To the extent permitted by law, Sachiko Gaming makes no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same.
Sachiko Gaming may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against Sachiko Gaming or question its right to modify such prizes being offered, prior to closure of the Game.
Sachiko Gaming will not bear any responsibility for the transportation or packaging of prizes to the respective winners. Sachiko Gaming shall not be held liable for any loss or damage caused to any prizes at the time of such transportation.
The Winners shall bear the shipping, courier or any other delivery cost in respect of the prizes.
All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.




17. Publicity




Acceptance of a prize by the Winner constitutes permission for Sachiko Gaming, and its affiliates to use the Winner's name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever.
The Winners further undertake that they will be available for promotional purposes as planned and desired by Sachiko Gaming without any charge. The exact dates remain the sole discretion of Sachiko Gaming. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.




18. General Conditions




If it comes to the notice of Sachiko Gaming that any governmental, statutory or regulatory compliances or approvals are required for conducting any Game(s) or if it comes to the notice of Sachiko Gaming that conduct of any such Game(s) is prohibited, then Sachiko Gaming shall withdraw and / or cancel such Game(s) without prior notice to any Participants or winners of any Game(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Game or Game it in any manner.
Employees, directors, affiliates, relatives and family members of Sachiko Gaming, will not be eligible to participate in any Game(s).




19. Dispute and Dispute Resolution




• The governing law for these Terms of Service shall be the laws of India. The courts of competent jurisdiction at Bengaluru, India, shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Sachiko Gaming Services provided by PokerStars (including the Game(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or Sachiko Gaming, 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.




• In the event of any legal dispute (which may be a legal issue or question) which may arise, 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. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.




• The seat and venue of arbitration shall be Bengaluru, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.




• The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. 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 and Conditions shall prevent Sachiko Gaming from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Sachiko Gaming' 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 the part of Sachiko Gaming to pursue any remedy for monetary damages through the arbitration described herein.




20. Release and Limitations of Liability




• Users shall access the Sachiko Gaming Services provided on PokerStars voluntarily and at their own risk. Sachiko Gaming shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the Sachiko Gaming Services (including participation in the Game(s)) or as a result of acceptance of any prize.




• By entering the Games and accessing the Sachiko Gaming Services provided therein, Users hereby release from and agree to indemnify Sachiko Gaming, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the Sachiko Gaming Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.




• Users shall be solely responsible for any consequences which may arise due to their access to Sachiko Gaming Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Sachiko Gaming Services, including provision of incorrect address or other personal details. Users also undertake to indemnify Sachiko Gaming and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Sachiko Gaming on account of such act on the part of the Users.




• Users shall indemnify, defend, and hold Sachiko Gaming harmless from any third party/entity/organization claims arising from or related to such User's engagement with the Sachiko Gaming or participation in any Game. In no event shall Sachiko Gaming be liable to any User for acts or omissions arising out of or related to User's engagement with the Sachiko Gaming or his/her participation in any Game(s).




• In consideration of Sachiko Gaming allowing Users to access the Sachiko Gaming Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Sachiko Gaming, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Sachiko Gaming Services or related to the Games or the prizes of the Games.




21. Disclaimers




• To the extent permitted under law, neither Sachiko Gaming nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.




• To the extent permitted under law, Sachiko Gaming shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Sachiko Gaming services or sites, cancellation of competition and prizes. Sachiko Gaming disclaims any responsibility for, and if a User pays for access to one of Sachiko Gaming's Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by Sachiko Gaming's maintenance on the servers or the technology that underlies our sites, failures of Sachiko Gaming service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, Sachiko Gaming does not provide any warranty as to the content on the Sachiko Gaming(s). Sachiko Gaming(s) content is distributed on an "as is" basis.




• Any material accessed, downloaded or otherwise obtained through Sachiko Gaming is done at the User's discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User's computer system or loss of data that results from a User's download of any such material.




• Sachiko Gaming shall make best endeavors to ensure that the Sachiko Gaming(s) is error-free and secure, however, neither Sachiko Gaming nor any of its partners, licensors or associates makes any warranty that:

  
  

  • Sachiko Gaming(s) will meet Users' requirements,

  • Sachiko Gaming(s) will be uninterrupted, timely, secure, or error free,

  • the results that may be obtained from the use of Sachiko Gaming will be accurate or reliable or

  • the quality of any products, Sachiko Gaming Services, information, or other material that Users purchase or obtain through the PokerStars Platform will meet Users' expectations.




• In case Sachiko Gaming discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User's account, Sachiko Gaming reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, Sachiko Gaming agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.




• To the extent permitted under law, neither Sachiko Gaming nor its partners, licensors or associates shall be liable 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.




• Any Sachiko Gaming Services, events or Game(s) being hosted or provided, or intended to be hosted on Sachiko Gaming platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed canceled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant Sachiko Gaming Services, events or Game(s) are hosted or provided.




• To the extent permitted under law, in the event of suspension or closure of any Services, events or Games, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.




22. Miscellaneous




• Sachiko Gaming may be required under certain legislations, to notify User(s) of certain events. User(s) hereby acknowledge and consent that such notices will be effective upon Sachiko Gaming posting them on the PokerStars platform or delivering them to the User through the email address provided by the User at the time of registration. User(s) may update their email address by logging into their account on the Sachiko Gaming. If they do not provide PokerStars with accurate information, Sachiko Gaming cannot be held liable for failure to notify the User.




• Sachiko Gaming shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Sachiko Gaming's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials etc. In such circumstances, Sachiko Gaming shall also be entitled to cancel any related Game(s) and to process an appropriate refund for all Participants.




• Sachiko Gaming's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.




• Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sachiko Gaming or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.




• These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and Sachiko Gaming and govern your use of the Sachiko Gaming superseding any prior agreements that any User may have with Sachiko Gaming Private Limited.




• If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force.




• Sachiko Gaming reserves the right to moderate, restrict or ban the use of the Sachiko Gaming, specifically to any User, or generally, in accordance with Sachiko Gaming's policy/policies from time to time, at its sole and absolute discretion and without any notice.




• Sachiko Gaming may, at its sole and absolute discretion, permanently close or temporarily suspend any Sachiko Gaming Services (including any Game(s)).




• Sachiko Gaming may from time to time conduct/organize promotions/offers on the platform. Any two or more promotions cannot be clubbed together with any other promotions that are running simultaneously on the PokerStars platform. Also, promotions/offers cannot be clubbed with Cash Bonus available with any user.




23. Grievance Redressal Mechanism




• In case you have any complaints or grievance pertaining to (i) any User Content that you believe violates these Terms (other than an infringement of Intellectual Property Rights) for the reporting mechanism for such claims), (ii) your access to the Platform or (iii) any User Content which you believe is, prima facie, in the nature of any material which is obscene, defamatory towards the complainant or any person on whose behalf you are making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by writing to our Grievance Officer, Jai Sharma, at [email protected].




• In your complaint or grievance, please include the following information:

  
  

  • Your name and contact details: name, address, contact number and email address;

  • Your relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person;

  • The name and age of the person aggrieved or affected by the subject matter of the complaint, in case your are acting on behalf of such person and a statement, under penalty of perjury, that you are authorized to act on behalf of such person and to provide such person's personal information to us in relation to the complaint/grievance;

  • Description of the complaint or grievance with clear identification of the User Content in relation to which such complaint or grievance is made;

  • A statement that you believe, in good faith, that the User Content violates these Terms;




• A statement that the information provided in the complaint or grievance is accurate.

• The Company respects the Intellectual Property Rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners. You are requested to send us a written notice/ intimation if you notice any act of infringement on the Platform, which must include the following information:

  
  

  • A clear identification of the copyrighted work allegedly infringed;

  • A clear identification of the allegedly infringing material on the Platform;

  • Your contact details: name, address, e-mail address and phone number;

  • A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Platform is not authorized by your agent or the law;

  • Your signature or a signature of your authorized agent.




Last updated on : 28th March 2024.