Introduction
The following terms and conditions as updated by us from time to time and made available here (these “Conditions”) shall govern the relationship between “You” (“Your” also refers to You throughout this EULA) and NewPoker and/or its group companies (together referred to in these Conditions as “we”, “us” or “our”) in relation to all use of software licensed by us to You, directly or indirectly, and Your play on game client downloaded from newpoker.org (“NewPoker”).
Whether You use NewPoker and/or You are playing any game thereon (“Game(s)”) means that You accept these Conditions which are legally binding. If You do not agree to accept and be bound by the terms please do not open an account or continue to use the website or participate in the Games. These Conditions set forth the legally binding terms and conditions which are applicable to Your use of the Game or NewPoker, however, accessed and/or used, whether via personal computers, mobile devices or otherwise. Please be reminded that these Conditions constitute an agreement between You and us and define the rights and responsibilities that You and we have with respect to the Games and NewPoker. You represent and warrant that You have the right, authority and capacity to accept these Conditions and to abide by them and that You have fully read and understood these Conditions without any impairment in judgment.
By visiting , registering on newpoker.org (“Website”) and APP /or continuing to use the Services You agree to be, and are, bound by:
these Conditions; and by accepting these Conditions You also accept our;
Privacy Policy;
all such other of our terms and conditions, game rules, rules or policies as they relate to any applicable Game, promotions, bonuses, special offers or any other aspect of Your use of the Website from time to time.
In the event of any inconsistency between these Conditions and the Game Rules, then, to the extent of the inconsistency, these terms and conditions shall prevail.
CHANGES TO THE TERMS AND CONDITIONS
1.1 We may need to change the Conditions for a number of reasons, including for commercial reasons, to comply with new laws or regulations or for customer service reasons. The most up-to-date terms and conditions can be accessed here, and the date on which they came into force is noted.
1.2 Where We wish to make substantial changes to the Terms and Conditions, we will give You as much prior notice of such changes as is reasonably practicable via one of the following methods:
Email (to the email address You have previously supplied us with, if any);
A message in your mailbox of game client;
A notice on the Website.
1.3 Where we make changes to the Conditions which we wish to notify You of directly, we will do so by such method of notification as we may, in our discretion, deem to be appropriate.
1.4 We may, at our discretion, invite You to accept the new Conditions by clicking on “yes” or “I accept”, checking a ‘tick box’ or any other similar method of confirmation by You. If You provide us with any such confirmation, or if you continue to use the Services and/or Your Account after notification under this paragraph 1 (Changes To The Terms And Conditions), You shall, from such time, be deemed to have accepted, and be bound by, the new Conditions (including any additions, removals, substitutions). If any change is unacceptable to You, You may either cease using the Services and/or close Your Account by following the steps in paragraph 2.6 below.
1.5 It remains Your responsibility to periodically check these Conditions to ensure you continue to agree with them each time You use the Website and the Services.
ACCOUNT OPENING AND SECURITY
2.1 In order to register, open an account and participate in the Games, You represent and warrant that:
You are at least 18 years of age and meet the minimum age requirement in Your local jurisdiction to contract with us, use the Website and participate in the Games;
You are not an employee/contractor of (i) NewPoker or (ii) any NewPoker group company;
You will abide at all times by these Conditions and any other agreements between You and us;
You are legally able to enter into contracts;
You have not been excluded or are not currently self-excluded from gambling;
You have not previously had your account closed by us for any reason;
You acknowledge that it is your responsibility to ensure that You understand and fully comply with any laws or regulations applicable in your own country or state.
2.2 If You do not meet the eligibility requirements set out above You are not authorized to use the Website. We reserve the right to suspend and/or close any accounts of any purported customer that does not meet the eligibility requirements and void any bets made via such accounts.
2.3 You are only permitted to open one account. If You have more than one account, You must immediately inform us. Furthermore, only one account for each IP/Household is allowed. If You open more than one account, any winnings on either account will be forfeited and all accounts may be closed. We may block or close Your first account. If we find there more than one account registered for Your household (“Duplicate Account”), we reserve the right to block or close any or all accounts of that household. All transactions made from the Duplicate Account will be made void.
2.4 Any returns, winnings or bonuses which You have gained or accrued during such time as the Duplicate Account was active will be forfeited by You and may be reclaimed by us, and You will return to us on demand any such funds which have been withdrawn from the Duplicate Account plus an admin fee will also be applied.
2.5 You must maintain Your account and keep Your details up-to-date.
2.6 If You wish to close Your account You must send a request to do so to [email protected] or use the permanent exclusion feature within the application. By closing Your Account, You will also forfeit any promotional bonuses, prizes or benefits which You may have acquired. In the event of closure of Your Account because of gambling addiction or if Your account has been closed due to fraud You acknowledge that You are prohibited from opening a new account.
2.7 The Company will not be liable if You manage to open a new account, for such action nor for any direct or indirect consequential damages.
2.8 The Company shall have the right to close, at any time, a new account opened in breach of the requirement stated herein.
2.9You are required to enter all mandatory information requested by us. We shall not be liable for incorrect entries, including but not limited to data input error.
2.10 You must not open an Account if You are located in a jurisdiction in which applying for or opening an Account and/or using our Services is unlawful or contrary to any applicable regulation “Prohibited Jurisdiction”. It is Your responsibility to ensure that this is not the case. We reserve the right to immediately suspend Your Account if we discover that Your Account has been opened, or is being used, from a Prohibited Jurisdiction. We reserve the right to request proof of age documentation from any customer at any time.
2.11 We do not accept players who reside in a number of countries and jurisdictions. As a rule, if a potential player cannot find his/her country of residence in the list of countries available during the registration process, this means that NewPoker will not be able to accept him/her as a player, therefore this person will not be able to access the products and services of the NewPoker.
2.12 We may suspend or terminate Your Account immediately at our absolute discretion if You breach any of Your obligations under these Conditions. We reserve the right to claim any remaining balance in Your Account as well as the right to claim damages caused by the breach.
NewPoker ACCOUNT
3.1 Only bets placed from your account set up through the game client downloaded from [email protected] will be accepted for the Game and any winnings you make on the Game will be credited to your account. You may facilitate all deposits and withdrawals by accessing my wallet page.
3.2 We reserve the right to refuse or limit (by setting minimum and maximum amounts which will be set out in the Game Rules or on the Website) any bets and/or payouts at our sole discretion for any reason whatsoever. In circumstances a bet is deemed to be or is declared void by us at our discretion, any sum deducted from Your Account will respect to that bet shall be credited to Your account.
3.3 Bets shall only be valid if accepted by our server. Until accepted by our server, no communications from You shall be binding on us and all information displayed on NewPoker or the Website constitutes an invitation to play only. You agree that our records, in the absence of manifest error, shall be the final authority in determining the terms of any bets You place and the circumstances in which they were made.
3.4 Your Account is personal to You. You shall not allow others to use Your Account or to accept any prize or participate in any of the Games. Any person found to have violated this section be liable for all losses on the account but will not be entitled to collect any winnings.
3.5 It is Your responsibility to keep Your password private and secure and You are solely responsible for the security of Your account information and password. You are responsible for any unauthorized use of Your account and/or password. In the event that a third party places a bet or is thought to have placed a bet from Your account, such bet shall be valid and liability for losses on Your account will lie with You, whether or not You were aware the third party misappropriated Your account and password information.
3.6 While we make every effort to ensure that Your data is secure at all times, You likewise recognize that there are instances that may damage, corrupt, delete or in any way alter Your data that are beyond our control. However, we shall ensure that adequate security mechanisms designed to protect Personal Data will be used to prevent Personal Data from being stolen, misused or abused, and to prevent Personal Data breaches.
3.7 It is vital that You ensure that as much as possible Your personal information relating to You is kept up-to-date. We reserve the right to suspend or terminate Your Account if we suspect this information to be inaccurate. We will process information about You in accordance with Your Privacy Policy and our Cookie Policy.
3.8 NewPoker and any third parties it contracts with in relation to the provision of the Services will hold information with respect to Your identity, including but not limited to Your name, address and payment details, in accordance with our Privacy Policy and Cookie Policy. We rely on this information in entering into this agreement with You. You agree to indemnify us and hold us harmless against any costs, claims, damages, and expenses arising in connection with any falsehood or inaccuracy contained in the information You provide to us.
CUSTOMER FUND PROTECTION
4.1 Any funds You deposit with the Company will be held in a segregated bank account in the name of the Company (“Designated Account”) in accordance with the regulations relating to customers’ money. This means that all such funds are protected and in the case of insolvency properly due funds can be paid to the customer.
4.2 The Company keeps a sum of money equivalent to its liabilities to customers in the Designated Account which is solely used to hold the players’ balance. This Designated Account shall not be used for any operational purpose, and the balance of the Designated Account shall be audited by third-party auditors to confirm that it matches with the player’s total balance to meet any withdrawal request.
RESTRICTIONS
5.1 You agree to refrain from using NewPoker or our Website:
in excess of, or beyond, the agreed purpose;
to distribute, sell, license, provide or otherwise make any services available to third parties without our consent;
to store or transmit material or information that is infringing, libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person or otherwise harmful, unlawful or tortious, or in violation of any third party privacy rights;
in any way that is in violation of any applicable law, rule or regulation; or
to transmit viruses, malware, or other malicious code.
5.2 It is prohibited to modify, reverse-engineer, or otherwise manipulate, interfere with or disrupt any of our software used in the Website and/or Games. To ensure the integrity of the Website and Games, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing the same tables or tournaments.
5.3 We may, at our sole discretion and without any requirement to give reasons, exclude any customer from our Services generally and/or from receiving selected promotions and offers introduced by us from time to time.
5.4 We reserve the right to suspend, discontinue, modify, remove, or add to the Website and/or any Games in NewPoker at our discretion with immediate effect and without any obligation to provide You with notice.
PROMOTIONS
6.1 We may, from time to time, offer bonuses and/or promotions that are governed by separate terms and conditions. Any bonuses credited to Your account must be used in adherence with such terms and conditions.
6.2 In the event and to the extent of a conflict between these Conditions and the bonus or promotion terms and conditions, the bonus or promotion-specific terms and conditions prevail.
6.3 If we believe that You are abusing or attempting to abuse a bonus or promotion, or are likely to personally benefit through the abuse of a bonus or promotion, we may deny, withhold or Withdraw from You any bonus or promotion at our sole discretion. We may also terminate Your access to our Website and/or Your Account. In such circumstances, we shall be under no obligation to refund to You any remaining balance amount showing in Your Account other than Your original deposit amount.
6.4 By participating in any Promotion of NewPoker ( the “Promotion”), You agree to cooperate in all advertising, marketing, publicity material and activities we may choose to utilize. You also agree, if requested, (a) to wear any NewPoker-branded clothing or patches provided; and (b) to sign, if requested, an irrevocable release form allowing us to use your information with respect to the Promotion.
6.5 In any event sponsored by NewPoker, You agree not to wear or expose third-party branding or advertising for any company which could be deemed as a NewPoker competitor. If you breach such a requirement, we reserve the right to revoke any prize awarded to you.
6.6 With respect to Your participation in any Promotion of NewPoker, You confirm that the submitted materials will be Your own original work and such materials will not infringe on the intellectual property rights or other rights of any person or organization.
SUSPENSION, RESTRICTION OR TERMINATION OF YOUR ACCOUNT
7.1 Without restricting our ability to rely on other remedies that may be available to us, we may suspend or terminate Your Account or cancel any bets placed by You, remove any bonus monies in Your Account and/or take any other action we deem appropriate in our absolute discretion if:
We suspect that You are engaging in illegal or fraudulent activity while using NewPoker (including circumstances where we suspect You have attempted to manipulate the operation of NewPoker or the normal play of Games thereon or have been involved in player collusion);
We suspect You are in breach of any of these Conditions or the Game Rules;
We suspect You are acting in a manner that is detrimental to the conduct of our business; or
We are required to do so by law.
7.2 Your sole remedy in the event of termination of Your Account by us for any reason shall be the reimbursement of any undisputed Account balance You may then have, subject to You having complied with these Conditions to the fullest extent permitted by law. We shall have no further liability to You whatsoever.
7.3 Further restrictions that may apply to Your Account in the event of system, communications or technological errors or failures are set out in paragraphs 16 and 17 of these Conditions.
SECURITY CHECKS
8.1 We are committed to providing our customers with an enjoyable poker experience in a safe and secure environment, and we operate security procedures and checks to protect our customers and NewPoker from fraud and collusion. Any kind of BOT or Artificial Intelligence is strictly prohibited on NewPoker. Occasionally, as part of this process, we will wish to make Checks on Accounts and plays in the Game(s) and this may result in the suspension of the use of Accounts whilst these checks are carried out, as well as requests for information from customers. We believe it is in the best interests of our customers and ourselves that we operate this process and it is a condition of participation that all our customers acknowledge this and cooperate with us in this respect.
8.2 Players can play on NewPoker only upon acceptance of the Security & Ecology Agreement. Security & Ecology Agreement includes all the details of the security checks that we perform to make the environment safe and fair for all players.
PROHIBITED USES OF THE APP, THE WEBSITE AND SERVICES
9.1 Cheating or Illegal Behavior
The Game may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations regarding the Game and any bets placed on or via the Game. All bets must be placed through the user interface provided on NewPoker.
We reserve the right, in our sole discretion, to prohibit any player from participating in any and all Games of NewPoker. We may, where situations warrant, freeze the chips, void bets, suspend or terminate the account of any player suspected of cheating in any form (which includes, without limitation, collusion or the exploitation of faults in software or the Website). We further reserve the right to restrict seating and/or to prohibit players from playing in a particular Game, including restricting two or more players from playing together at the same Game.
We reserve the right to void any bet inadvertently accepted after the time for placing bets has closed or where the event was resolved or at a stage where the player could have any indication of the outcome. In these circumstances, the original bet amount will be returned to the customer account.
9.2 Circumvention
We have developed and employ sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Services or our Poker Software. You shall not break into, access or attempt to break into or access or otherwise circumvent our security measures. If we believe in our sole discretion, that You are in breach of this clause, we may terminate Your access to the Services immediately and/or have Your account blocked.
GAME RULES
10.1 The Game Rules on the Website shall apply to Your participation in a Game. In particular, You are not permitted to make a bet in excess of the value of chips on the table at the beginning of a hand. You are permitted to acquire additional chips only between hands. If You run out of chips during a hand, You are considered “all- in”. You may not remove money from the table during a playing session. Taking money out of the Game and continuing to play is not allowed in a table bets format.
10.2 Players must refrain from “table talk” or talking during a hand in a way that compromises an opponent’s hand. This applies if You are playing in the hand or watching the hand. Repeated abuse of this aspect of player behavior will result in suspension or permanent restriction of play.
10.3 Abusive or offensive language or other behavior considered inappropriate by us in the context of the Game will not be tolerated. Bad behavior or offensive language identified by us or brought to our attention will be dealt with swiftly and may result in a suspension or loss of playing privileges or such other action as may be deemed necessary by us at our sole discretion.
10.4 You fully accept and agree that the random number generator software will determine all outcomes of the Games.
10.5 You acknowledge and agree that You shall not interfere, interrupt, and attempt to interrupt, or attempt to manipulate the operations of the Website or the normal play of any of the Games in NewPoker. Failure to comply with the preceding may lead to Your exclusion from the Website and to criminal and civil investigations.
SERVER CRASH
11.1 If You have chips at a table during a server crash, the Game will be cancelled and all of Your chips at the table and in play will be returned to Your Account. We, our affiliates, agents and licensors shall not be liable for any loss resulting from delays or interruptions to play due to failure, breakdown, malfunction, disconnection from or interruption of electronic or mechanical equipment, of telephone, internet connection or other communications facilities, or due to any denial of service (DDOS) attack or other malevolent external interferences with our site or any other causes over which we or they have no direct control.
11.2 In the event of systems, technological or communications failure or errors relating to the generation of any result, bet settlement or any other element of the Game or the Website, we will not be liable to You because of any such errors and we reserve the right to void all related bets and plays on the Game in question.
INTELLECTUAL PROPERTY RIGHTS
PUBLICITY OF TOURNAMENT RESULTS
13.1 By registering for a tournament at NewPoker, You agree to allow us to use your play data within an online live stream, in online broadcasting, and any other future publicity that NewPoker may use after the completion of the tournament. All NewPoker tournaments are reported on in various online media and social media platforms with results published that include players’ NewPoker nicknames, finishing positions, played-hands and pay-outs in the events. However, we do not publicly use players’ real names or personal information unless we have written permission from the players to do so. Any final tables of tournaments, selected by NewPoker, can be broadcasted on online media, such as the Twitch platform, with hole cards open with a delay of 1 (one) hour from the actual time of play.
13.2. For some specific tournaments, You need to consent that your real name will be published if you win any prize from such tournaments. If you do not want the publicity of your real name, you should not register for such tournaments in NewPoker. For these specific tournaments, You will be prompted with a pop-up window during the tournament registration for release consent of your information and additional confirmation of your real name.
INDEMNIFICATION
LIMITATION OF LIABILITY
15.1 We do not warrant that our operations shall be uninterrupted or error-free. We shall provide our Services on an “as is” and “as available” basis without warranty of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. To the maximum extent permitted by law, we exclude all Conditions, warranties, representations or other terms which may apply to the Website and Game, whether express or implied.
15.2 Our maximum liability to You for any matter arising out of or in connection with Your use of the Website will be limited to the aggregate of the amount legitimately in Your account and the return of the amount of the stake of any disputed bet.
15.3 NewPoker(or any of its group companies officers, directors, employees, shareholders or agents) will take all the measures needed in order to protect the company against any of the following:
any direct, indirect, special, incidental, consequential loss or damages whether exemplary or punitive;
any loss of income;
any loss of direct or indirect profits;
any loss of goodwill;
any loss of contracts;
any loss of use of money;
any loss or damages arising from or connected in any way to business interruption; or
in any way whether in tort (including without limitation to negligence), contract or otherwise in connection with the Website in any way or in connection with the use, any inability to use or the results of the use of the Website including but not limited to loss or damages due to viruses that may infect Your computer equipment.
15.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer or mobile equipment, computer programs, data or other proprietary material due to Your use of the Website or Games or to Your downloading of any content on it, or on any website linked to it.
15.5 We will not be liable for any loss or damage that You may suffer because of any act of God, power failure, trade or labor dispute, act, failure or omission of any government or authority, obstruction or failure of telecommunication services or networks, access delays or access interruption, data non-delivery or data misdelivery, the unauthorized use of Your security access details or any other delay or failure caused by a third party. In such an event we reserve the right to void any bet or cancel or suspend our services arising from such circumstances without incurring any liability. Furthermore, we will not be responsible for the failure of any equipment, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our Website or prevent You from being able to contact us.
15.6 Nothing in these Conditions shall exclude our liability which we may have in respect of fraud or death or personal injury arising from our negligence.
THIRD-PARTY CONTENT
CUSTOMER COMPLAINTS
17.1 Should there be any claim or dispute relating to bet(s) on NewPoker, please contact us at [email protected] and the complaint will be assigned to a customer support representative.
17.2 An initial response will be sent to customer within 24 hours for weekdays and within 72 hours for weekends.
17.3 If no subsequent/follow up contact is made by customer within seven days, the complaint is considered resolved.
17.4 If subsequent/follow up contact is made by customer, the complaint is re-examined by the designated customer support representative within 24 hours for weekdays and within 72 hours for weekends, then either a second response is sent or the complaint is escalated to a customer support manager according to departmental procedures; and the customer support department continues to process customer complaints until they are successfully resolved or are deemed in dispute, according to departmental procedures.
NO SERVICE IN CERTAIN AREAS
18.1 Users shall be prohibited from using the New Poker service in China and the United States. NewPoker strictly prohibits the use of VPN, proxy or any alternative methods for a user to play from a prohibited region. For example, China, the United States, etc.
MISCELLANEOUS
19.1 If, for any reason, a court of competent jurisdiction finds any provision of these Conditions, or portion thereof, unenforceable, invalid, or unlawful, then the remainder of these Conditions shall continue in full force and effect and will be read to give maximum effect to the intention of the parties as reflected by its plain language.
19.2 You agree that no venture, partnership, employment, or agency relationship exists between You and us as a result of these Conditions.
19.3 Our failure to exercise any rights under these Conditions shall not institute or be deemed a waiver or forfeiture of such right or waiver or forfeiture of such rights in the future.
19.4 These Conditions constitute the entire understanding between You and us relating to the use of the Game.
Disclaimer
We will not be held responsible in any circumstances for any loss or damage that may result from the use of the Services, Software or Website. We disclaim any warranty for the Services, Software or Website, which are provided on an ‘as is’ basis. We will endeavor to supply the Services, Software and Website to the highest possible standard and in a safe and secure manner, although we make no warranty that their supply will be uninterrupted or free from errors. Where any defect is notified to us we will make every effort to correct the defect in a timely manner. We will not be liable to you where any communication or system is impacted by a delay or failure. We reserve the right to suspend, remove or modify the Services, either temporarily or permanently, at our sole discretion and without any obligation to provide you will notice of such an action. We will not be liable for any loss incurred in this circumstance. It is your sole responsibility to ensure that you have the legal right to use the Services from within the jurisdiction that you reside or access them from. It is not our intention that anyone should use the Services from any jurisdiction where online gambling is illegal. The availability of the Services or Website in any jurisdiction should not be construed as an offer, solicitation or invitation by us to use the Services or Website. You acknowledge that your participation in the Services is at your sole decision and that you accept the full risk of using the Services. You further acknowledge that you do not find the Services or Website to be offensive, biased or indecent.
