We focus on the game, not on you!
At PokerTales, we take your privacy seriously and follow all the necessary data protection and privacy laws. We will not share, distribute, trade, sell, or rent your name, email address, or any other personal information provided on our platform with any third party, except as mentioned in this Privacy Policy.
Information We Collect: To use the services onwww.PokerTales.com, you need to provide a username, password, and email ID, along with some additional information. You have the choice to withhold or withdraw this extra information as per our Privacy Policy and Terms of Use. If you choose not to share this information or later decide to withdraw it, PokerTales may limit your access to the platform. Any withdrawal of consent should be sent in writing to support@pokertales.com.
How We Collect Information: We gather personal information through online forms and when you email us your details. We also collect information about transactions you make on our platform, excluding payment card details.
The personal information we collect may include your name, email address, home address, phone number, date of birth, and other details provided during registration or through surveys conducted by us or our partners. When you visitwww.PokerTales.com, we may automatically collect and store certain information, such as your computer's IP address, browser type and language, the date and time of your visit, and the website that linked you to ours. We do not log email addresses of visitors. Cookies may be stored on your computer when you visitwww.PokerTales.com. A cookie is a small text file that uniquely identifies your browser. These cookies may be used to personalize your experience, authenticate your login, manage games, and ensure security. Cookies may also be set by advertisers when you click on ads displayed on our platform. These cookies are controlled by the advertisers, not PokerTales. We do not store, capture, or monitor any personal or sensitive information from your device during your use of our platform. We also collect details about how you interact with our platform and other users. Additionally, we may collect information about your gameplay and account activity to detect any suspicious activities or violations of our policies.
How We Use Collected Information
Security: We have implemented strict security measures to protect the information you provide us. These measures prevent unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction, or accidental loss. All employees and data processors with access to your information are obligated to respect your privacy.
Mergers and Other Events Requiring Transfer: In the event of bankruptcy, insolvency, acquisition, merger, or sale of all or part of our assets, we may share personal and other information gathered through our services with potential stakeholders.
Protection of Children: PokerTales services are not intended for or directed to minors. All players must provide documentation proving they are of legal age in their jurisdiction. We reserve the right to verify any personal information submitted by you. If we find any discrepancies related to age, we may deactivate the player profile and delete the information from our records.
Winnings: Winnings and cash-outs are kept strictly confidential and stored securely. The only exception is when information is required by law, regulation, or any government or competent regulatory authority.
Consent: By using our website, you consent to the collection and use of the information you provide to PokerTales and its partners and affiliates. To play real money games, you will be required to send and receive money from us. We may use third-party electronic payment processors or financial institutions (ESPs) to process such transactions. By accepting this Privacy Policy, you consent to the disclosure of personal information necessary for processing transactions by ESPs. We take steps to ensure that our relationship with ESPs protects your privacy. We reserve the right to conduct a security review at any time to validate your identity, age, registration data, and verify your use of services and financial transactions for potential breaches of our Terms and Conditions and applicable law. By using our website, you authorize us, our employees, agents, and suppliers to use and disclose your personal information for these purposes. By providing your mobile number on our site, you give PokerTales the right to contact you via call or SMS to provide information on all promotional activities or events conducted by PokerTales and its partners. Your mobile number will not be used for any third-party communication. This Privacy Policy is here to help you understand how we collect, use, and protect your information to offer you gaming services. If you have any questions, please reach out to us at info@pokertales.com.
This Privacy Policy is part of our Website Terms.
Before registering with us, please read the terms provided on our website carefully. These terms apply to all services on the website, as well as to the specific conditions and rules for particular offerings.
PokerTales is an online platform operated by Pocket Kings Pvt. Ltd. (referred to as “PokerTales,” “we,” “us,” or “our”) that allows users (“you”) to play poker online with each other. These Terms and Conditions, along with our Privacy Policy, Responsible Gaming Policy, Fairplay Policy and various Game Rules (collectively referred to as “Platform Policies”), form a binding legal agreement between you and PokerTales. This agreement governs your visit, access, and use of the website, mobile applications, and related services (collectively referred to as “Services”). We reserve the right to review, update, or modify any part of the Platform Policies at our sole discretion. You are advised to stay informed about the latest versions of the Platform Policies. We will notify you of any material changes, and your continued use of the Services after such notification will constitute acceptance of the updated Platform Policies. This agreement must be read in its entirety and fully understood before you agree to the terms of use governing all relationships under this agreement. By agreeing to these terms, you acknowledge that you have read, understood, and accepted both the explicitly stated terms and conditions. All players are welcome to participate on the PokerTales platform. However, before opening an account on the PokerTales app or website, you must ensure that you are not located in a jurisdiction where online gaming is prohibited or considered unlawful, and that you are in compliance with all applicable legislation and regulations.
Definitions:
Applicable Law(s): All relevant legal rules, including laws, regulations, and court decisions, applicable to the individual in any jurisdiction.
Bank Account: A financial account with a bank or institution, including RBI-authorized wallets.
Banking Company: As defined in section 5(c) of the Banking Regulation Act, 1949.
Cash Games: Games with financial stakes set by participants, according to Game Rules.
Company: PokerTales and its subsidiaries, also known as "we," "us," or "our."
Game(s): Poker games on the PokerTales website, including various formats and variations.
PokerTales Account: A user account for gameplay, deposits, and bonuses on PokerTales.
Rake: A fee percentage PokerTales deducts from the pot money based on the amount placed.
Refund: Reversal of payments (like Service Fees or buy-ins) to a User’s PokerTales Account.
Restricted States: Indian states where online Poker is legally prohibited.
Service Fee: A fee PokerTales charges for gameplay, also called "Commission" or "Platform Fee."
Terms: The Terms of Service for using PokerTales.
Website: The PokerTales website and apps offering games in various formats.
Withdrawable Balance: Funds in the Withdrawable and Deposit Segments.
Withdrawal/Withdraw: Transferring the Withdrawable Balance to a user’s bank account.
Withdrawal Request: A user’s request to withdraw funds from PokerTales.
Withdrawable Segment: Part of the PokerTales Account where net winnings are credited.
You: Refers to the user or player of PokerTales, also called "you," "your," or "player."
1. Membership:
Membership on the PokerTales website is strictly limited to a single user and must not be considered a multi-user account. To gain membership on the PokerTales website, allowing the user to play games, use the software, or access any other products or services offered by PokerTales or its associates, the user must first register by providing accurate and current credentials. You agree to provide valid credentials and represent and warrant that you will not share these credentials or account details with any other person. In the event of such sharing, you agree to fully indemnify PokerTales and its affiliates from any resulting damage or injury. Registration alone does not guarantee membership. Membership is granted only after PokerTales or its representatives, in their sole discretion, deem it appropriate and notify you via email. The right to grant membership is entirely reserved by PokerTales and its representatives, and this membership can be terminated at any time with immediate notice, for any reason deemed fit by PokerTales. By agreeing to the terms of use, you consent to this. The server hosting the software and games is located in a strictly confidential and non-public area with access highly restricted both physically and virtually. Individuals authorized to access the server are prohibited from registering as users and therefore cannot become members. Such individuals are also not permitted to use the software, play games, or use any other products or services provided by PokerTales. Nothing in this agreement shall be construed as a charge for membership. These measures are in place to promote fair play
2. Who may use our service:
2.1. Our Services are not intended for or available to individuals under the age of 18, or to those residing in or accessing the Platform from any of the Barred States. We reserve the right to manage access to Our Services at any time, in any State within India, and may update the list of Barred States as necessary.
2.2. If You are under 18 years of age or reside in or are located in any of the Barred States, You are prohibited from accessing and using Our Services. Should You do so, You will be solely responsible for any legal consequences that may arise from such use. We reserve the right to request proof of age and geolocation at any point during Your access to Our Services to ensure that underage individuals or those in Barred States are not using the Service. We may restrict access to Our Services if We suspect that a user is underage and fails to provide valid proof of age or is located in a Barred State.
2.3. If You are not legally eligible to engage in transactions in Indian Rupees through banking channels in India, or if You are accessing the Services from a Barred State, You are not permitted to participate in Cash Games or Tournaments on Our Services. If You violate this restriction, Your participation in Cash Games or Tournaments will be considered a breach of the Platform Policies, and You will not be entitled to any prizes won in such games.
2.4. We reserve the right to terminate Your access to and use of the Services if We become aware or, at Our sole discretion, believe that Your use violates the Platform Policies.
3. Usage of service:
PokerTales lets you play poker online through a mobile app, which you can download from our website www.pokertales.com or the Apple App Store. Poker is a game of skill, meaning the outcome depends on your abilities, not luck. Because of this, playing poker is legal in most Indian states. When you use our Services or create a PokerTales account, we may collect, use, share with third parties, store, or process your information, including personal and sensitive details, to ensure you can use the Services smoothly. This process is governed by our Privacy Policy, which is an essential part of our Platform Policies. During registration, you need to verify your mobile number. We keep your information confidential and handle it according to our Privacy Policy. By registering with us, you agree to receive promotional and service messages from us and our partners via SMS, email, call, and push notifications about tournaments, offers, and discounts. You can opt out of these messages by emailing support@pokertales.com.
You understand that participating in a game or tournament on our website does not guarantee you a prize. Winning depends on your skill compared to other players and the rules of the game or tournament. Your participation is voluntary and at your own risk. We are not responsible for any interruptions in your use of our Services due to issues like internet connectivity problems on your end, software or hardware setup errors on your device,
or other factors beyond our control. Winnings, discounts, and prizes are unique to each player and cannot be transferred. If you try to transfer them, they will be forfeited at our discretion. If a game or tournament has started and you cannot play due to slow internet, faulty hardware, or other issues not caused by us, you are not entitled to a refund of any entry fees you paid. However, if a technical glitch occurs during a tournament, you will get a refund of your buy-in and rebuys. There will be no refunds for glitches during cash games. You agree to use your account on PokerTales only for playing games and handling transactions related to our services. You also agree not to post any offensive, indecent, or unsolicited content on our website, including advertisements or personal information. If you do, you will be responsible for any damage or loss caused to the Company or Website.
4. User Registration and Account Creation:
When you create an account with us, a default username is automatically generated. You can change or update this display name, which will serve as your identity ("Username") on the platform. Your chosen Username will be approved as long as it complies with these Terms. You are prohibited from creating or using multiple accounts on our platform. If we discover that a user has more than one account, we may take action by suspending all associated accounts Usernames must not be indecent, offensive, or unlawful. If a username violates intellectual property, reveals personal information, or suggests advertising or promotion, it may be rejected. You may only have one account on our website, which you must register using your real name, valid details, and age declaration as required at registration. You cannot share your account with anyone else or use someone else’s account. If you try to create more than one account or use another person’s account, we have the right to close all your accounts and ban you from using our services immediately. Make sure you understand the rules of the games available on the platform. You agree to follow the rules, which may change from time to time, at the Company’s discretion. The game rules are part of the terms and conditions and can be found on the website. If any rules are not clear, you should contact customer support for clarification. The Company’s interpretation and decisions will be final, and by accepting the terms and conditions, you agree to follow them. Sharing your password with others is strictly prohibited. PokerTales is not responsible if someone else accesses your account using your password. You are legally responsible for all activities on the website made from your account, whether or not you made them.
5. Restrictions on the use of Our Services:
5.1. You must not use our Services or any communication features provided by us to upload, share, or post content that:
● Infringes on patents, trademarks, copyrights, or other proprietary rights;
● Belongs to someone else without proper authorization or rights to use it;
● Is defamatory, obscene, pornographic, paedophilic, or invades someone’s privacy,
including bodily privacy;
● Harasses, insults, or discriminates based on gender, is racially or ethnically offensive, or
libelous;
● Encourages or relates to money laundering, gambling, or is otherwise unlawful;
● Is harmful to children;
● Contains false or misleading information, deceives others about the origin of the
message, or is intended to mislead or defraud;
● Impersonates another person or entity;
● Threatens the unity, integrity, security, or sovereignty of India, disrupts public order,
incites criminal activities, or insults other nations;
● Contains viruses, malware, or any code designed to disrupt or harm computer systems;
● Solicits donations, chips, or any other form of assistance;
● Is objectionable, undesirable, or violates any applicable laws;
● Promotes competing services or products;
● Disparages PokerTales or its subsidiaries, affiliates, partners, sponsors, products,
services, or websites in any manner.
5.2. We reserve the right to immediately suspend your communication features without prior notice if we suspect that you are engaging in any prohibited activities outlined in Clause 5.1 or elsewhere in our Platform Policies. This may also lead to the suspension of your account. You are encouraged to report any abusive or malicious behavior by other users following the complaints procedure.
5.3. You are prohibited from hosting, intercepting, emulating, or redirecting any communication protocols used by us, including by methods such as protocol emulation, reverse engineering, or modifying our Services.
5.4. You are not allowed to frame our Services, add editorial comments, commercial content, or information to our Services, or alter, remove, or obscure any proprietary notices or labels.
5.5. Our Services cannot be used for commercial purposes, such as in a cyber cafe, gaming center, network play over the internet, or by connecting to unauthorized servers that replicate our gaming experience.
5.6. You may not buy, sell, trade, rent, lease, license, grant a security interest in, or transfer your Wallet, content, money, points, standings, rankings, ratings, or any other attributes associated with our Services.
5.7. Fraudulent activities, such as using another person’s credit card, debit card, net-banking account or mobile phones to add cash to your Wallet, or accessing the Services through someone else’s Wallet, are strictly prohibited. If we detect or suspect such activities, we may terminate your Wallet and notify the appropriate authorities.
5.8. You must not allow anyone else to access or use your account, nor should you use any external assistance to play the Games or engage in activities that violate the Platform Policies.
5.9. You are prohibited from using our Services for illegal or restricted purposes, including laundering funds in your Wallet or deliberately losing money to specific players.
6. KYC Verification:
We require users to complete additional online document verification ("KYC") when making a withdrawal request on our Website/Application. As part of the KYC process, you need to upload documents showing your Permanent Account Number (PAN), address proof, and bank account details. These KYC documents must be uploaded directly through our Website/Application, as we do not accept submissions through any other methods.
When uploading documents, please ensure that:
● The documents are valid.
● The documents are clear, legible, and in jpg, jpeg, or pdf format.
● The documents are not password-protected.
KYC document validation may take up to one working day from the date of submission. We reserve the right to approve or reject the KYC documents at our discretion. You will receive notifications about your KYC verification status via your registered mobile number, email address, and on our Website/Application.
Please note that PokerTales only accepts documents from Indian citizens, as it is an Indian gaming platform, and international documents are not accepted.
7. TAXES:
7.1. TDS (Tax Deducted at Source) will be applied to all Net Winnings according to the rate prescribed by applicable laws under the Income Tax Act, 1961. The financial year runs from April 1 to March 31. A TDS rate of 30% will be deducted from Net Winnings at the time of withdrawal and at the end of the financial year on any remaining balance. For more details, refer to the TDS policy. Please note that TDS policies, limits, and rates may change according to applicable laws, and PokerTales reserves the right to update them as necessary. Our responsibility is limited to deducting TDS as required by law and providing you with a tax deduction certificate. We also reserve the right to verify your PAN periodically and to cancel any prize if your PAN is found to be inconsistent during our KYC verification process.
7.2. Ensure that your PAN is linked with your Aadhaar, valid, and compliant with Income Tax laws. PokerTales is not responsible for providing TDS certificates or credits if your PAN becomes inoperative according to guidelines from the Income Tax authorities. We have no liability regarding your personal tax matters.
8. Service Fee:
PokerTales charges a service fee for each cash game played on the website, which may vary based on the game type and may change over time. PokerTales reserves the right to set different service fees for various cash games or different fees for individual users at its discretion.
9. GST:
Starting October 1, 2023, a GST of 28% will be applied to deposits, following the latest changes in Goods and Services Tax laws. If you need more information about the taxes, please contact us at support@pokertales.com.
10. Suspension and Termination
10.1 Suspension and Termination: We may suspend or terminate your Pokertales Account if you violate our Platform Policies or breach our security. If this happens, your account may be immediately terminated, and any prizes, GameCash, promotional winnings, or funds may be forfeited.
10.2 Effects of Termination: If we terminate your account, you will:
10.2.1 Be unable to use our services from the mobile number, PAN, or bank account linked to the terminated account.
10.2.2 Be allowed to withdraw the remaining balance, subject to our Platform Policies.
10.3 Actions for Security Breaches: If we find that you're violating our security or privacy rules, we may:
10.3.1 Restrict your access to our services indefinitely.
10.3.2 Permanently terminate your Pokertales Account.
10.3.3 Limit or block withdrawals.
10.3.4 Seek compensation for damages and possibly take legal action.
10.3.5 Ban you from re-registering with us and cancel any previous transactions.
10.4 Unfair Gameplay Violations: If we suspect unfair gameplay:
10.4.1 We may investigate your account and gameplay for up to 30 days. During this period, your funds will be frozen.
10.4.2 If we find evidence of unfair gameplay, we may forfeit the involved funds or repay affected users.
10.5 Cyber Fraud: If we are notified by authorities about cyber fraud or other fraudulent activities:
10.5.1 We may suspend your account and transfer any funds to an account directed by authorities.
10.5.2 We may block all withdrawals from your account based on authority instructions.
10.6 Discontinuation: You can stop using our services at any time by emailing us at support@pokertales.com. If you have a withdrawable balance, we will transfer it to you. For deposit balances, we will deduct GST from the deposit amount before transferring the remaining balance to your bank account.
10.7 Verification: We may occasionally request proof of identification and address. If your account is restricted due to failed validation, it could take up to 7 working days to restore access after successful verification. If we are unable to contact you, we may terminate your account and refund any remaining withdrawable balance and deposit balance (minus GST). We are not responsible for any claims or losses resulting from such actions.
11. Representations and Warranties
You confirm that:
● You are legally able and qualified to engage in transactions with other users and PokerTales.
● Any information you provide to us, whether during registration or later, is correct, complete, and up-to-date. We are not responsible for any issues related to the accuracy
of this information. We may ask you to verify this information and provide additional documents. If you fail to do so, we may restrict your access to our services.
● You will protect your account information, including your password. We will never ask you for your account password outside of the login process. You must not share your
login details with anyone. We are not liable for any issues resulting from sharing your account information.
● You have the legal rights for any content you upload or share on our website, and this does not infringe on anyone else's intellectual property rights.
● You will use your PokerTales account only to play the games offered and not for illegal activities or money laundering.
● Before adding money to your account or playing cash games, you are responsible for ensuring that playing these games is legal in your location.
● You have the experience and skills needed to play games on our platform and are not affected by any physical or mental condition that could impair your ability to fully
participate.
● Playing cash games may result in financial losses. By using our website/Application, you accept all risks and responsibilities associated with playing games, including any financial loss. PokerTales is not responsible for any financial loss you may incur. You agree to protect PokerTales and its team from any claims or costs related to your use of
the website/Application.
● Participating in a game does not guarantee that you will win a prize. Winning depends on the game’s outcome and your skill compared to other players, and is subject to our
platform policies.
● PokerTales is not responsible for any issues that prevent you from accessing or playing games, including login problems, account validation issues, or policy violations.
12. Promotional Program
PokerTales features Leaderboards as a promotional offer. Users can earn withdrawable chips based on their rankings in the Leaderboard for certain Cash Games on the PokerTales Platform. Leaderboard tables will be visible on the Platform, and joining one will automatically enroll you in the Leaderboard program. Each Leaderboard will be active for a limited period, with details about its duration available on the PokerTales Platform.
13. Content:
PokerTales may, at its discretion, offer bonuses, discounts (or Bonus Cash), or other promotions through various marketing strategies for games, tournaments, or contests on its website/platform. These bonuses or discounts are not guaranteed and cannot be claimed as a right by users. We reserve the right to use any content related to games played on the Platform, including gameplay recordings, for our corporate and marketing purposes. By using our services, you agree to and acknowledge this usage.
14. Disclaimer, Indemnity, and Limitation of Liability:
14.1. PokerTales is not liable for any claims, losses, injuries, damages, expenses, or lost profits or winnings that you may incur while using our Services.
14.2. Regardless of anything stated otherwise in these Terms, you agree that our total liability for all your claims against us, excluding valid withdrawals, is limited to the platform margin we received from you over the last three months. You are fully responsible for any consequences arising from your use of the Platform, and we do not accept liability for any financial losses you may incur.
14.3. You agree to indemnify and hold PokerTales harmless from any claims, actions, suits, damages, penalties, or awards brought against us by any entity or individual in connection with your use of the Services.
14.4. PokerTales offers the Platform on an "as-is" basis and makes no implied warranties about the Service. All implied warranties of merchantability and fitness for a particular purpose are disclaimed. Users should not rely on any warranties made outside of this agreement. However, if we are notified of an error in our Services, we will take prompt action to address it.
14.5. PokerTales expressly disclaims any responsibility or liability for any harm, damages, or loss resulting from your participation in, or cancellation of, any game, any interactions or transactions with third parties connected through our Services, and any user-generated content, including any violations of intellectual property rights associated with such content.
14.6. Our failure to strictly enforce any provision or exercise any right or remedy contained in these Terms does not constitute a waiver of those provisions, rights, or remedies. No waiver of any provision is valid unless it is in writing and signed.
14.7. The most current versions of the Platform Policies, as published on the Platform, represent the complete agreement between you and us regarding your access to and use of our Services, replacing all prior agreements, including earlier versions of the Platform Policies.
15. Intellectual property:
15.1 PokerTales exclusively own all rights and intellectual property globally, including but not limited to patents, trademarks, domain names, trade names, service marks, copyrights, software, trade secrets, industrial designs, and know-how related to the Platform and Services, as well as the underlying technology and documentation.
15.2 Upon successfully registering on the Platform, you are granted a limited right to use our Services in accordance with the Platform Policies. However, you do not have any rights, ownership, title, or interest in the intellectual property owned by PokerTales.
16. Complaints and Disputes:
16.1. If you have any complaints or grievances related to our Services, you can contact our customer care and grievance redressal team by writing to support@pokertales.com for assistance.
16.2. You agree to keep all complaints and disputes with PokerTales confidential. We will strive to resolve all grievances within a reasonable time frame, as required by applicable law. Any decision made by us regarding a complaint will be final and binding on the user.
17. Governing Law, Dispute Resolution, and Jurisdiction:
17.1. The Platform Policies are governed by the laws of India and will be interpreted accordingly.
17.2. Any disputes or claims related to these Platform Policies or our Services will be handled exclusively by the civil courts in New Delhi, India, unless stated otherwise in the arbitration section below.
17.3. If you have a legal issue regarding the Platform Policies or our Services, you must provide written notice with details of the dispute. We will attempt to resolve the issue through discussion within thirty (30) days. If we cannot resolve it at that time, the matter may go to arbitration. The arbitration will be carried out by three (3) arbitrators: you and PokerTales will each choose one (1) arbitrator, and those two (2) will select the third. The arbitration will occur in New Delhi, India, in English, and follow the Arbitration and Conciliation Act, 1996. The arbitration decision will be final, with each party covering its own costs and sharing the arbitrator’s fees unless otherwise decided by the arbitrators.
17.4. Even with the arbitration process, PokerTales can seek temporary or permanent relief from a court to protect its interests during a dispute. This does not affect the requirement for arbitration.
18. Responsible Gaming:
At PokerTales, we are committed to promoting responsible gaming and provide tools to help users manage their gaming habits, such as deposit limits, self-exclusion options, and session time limits. Users are encouraged to set these limits and seek help by contacting support@pokertales.com if they need assistance. We are dedicated to supporting users who may face gambling-related issues, and any concerning behavior may result in account suspension or termination, with remaining funds managed according to our policies.
19. Unfair Gameplay:
PokerTales is dedicated to maintaining game integrity and will not tolerate any form of manipulation or illegal activities. We will take all necessary actions against users involved in such practices.
19.1. Chip Dumping: Chip dumping, where a player intentionally loses hands to transfer chips to another player, is strictly prohibited. Violations will result in penalties, account suspension, and potential legal action.
19.2. Collusion: Collusion, which involves players working together or sharing hole cards to gain an unfair advantage, is not allowed. We may restrict seating, block accounts, and pursue legal action against those who collude.
19.3. Multiple Accounts: Users are permitted to have only one PokerTales account. Creating or using multiple accounts is a breach of our rules and may lead to penalties, account closure, and legal consequences.
19.4. IP Ghosting: Frequently changing IP addresses or geo-locations without authorization, known as IP ghosting, is forbidden. Such behavior will result in penalties, account suspension, and possible legal action.
19.5. Software Modifications: Any modification, reverse-engineering, or disassembly of PokerTales software is prohibited. Such actions will lead to penalties, account termination, and legal consequences.
19.6. External Programs & Bots: The use of external programs, artificial intelligence, or bots to gain an unfair advantage is strictly banned. Users found using these tools will face penalties, account suspension, and legal action.
19.7. Offensive Language & Content: Posting unlawful, offensive, or defamatory content is prohibited. Offenders may receive warnings, temporary suspensions, or account closures.
19.8. Disguised Identity: Impersonating others or providing false information during verification is not allowed. Misleading or inaccurate information may result in account blocking and legal action.
19.9. Investigation Process: All cases of unfair activity will be investigated by PokerTales, which may take up to seven working days. The decisions made will be final and binding.
19.10. Penalties for Violations: Depending on the severity of the violation, penalties may include deductions from funds/chips, access blocking, account seizure, or account termination.
19.11. Legal Action: PokerTales reserves the right to pursue legal action against users involved in any form of unfair or illegal activity, in accordance with applicable laws.
19.12. User Cooperation: Users must cooperate with PokerTales during investigations and provide any necessary information or assistance.
19.13. Final Decisions: Decisions made following an investigation are final and binding. No further disputes or queries will be entertained after a decision is reached.
20. Payments:
All deposits and withdrawals made by players are maintained in an Escrow Account by PokerTales, which holds and dispatches funds to players upon withdrawal requests. The funds collected from players are held in trust in a separate, non-interest-bearing bank account managed by a third-party Trustee or Escrow Agent appointed by PokerTales. Only the amount generated via Rake is transferred from this Escrow Account to a separate account of PokerTales for receiving the Rake, with such transfers occurring every week. Additionally, payouts from these accounts may be made to users for their withdrawals, to PokerTales for its margin, or to governmental authorities for obligations such as GST and TDS on net winnings. You may withdraw all or part of your withdrawable balance to your bank account using an electronic bank-to-bank transfer or another preferred method in accordance with applicable laws. When initiating a withdrawal request, you must provide details of a bank account that belongs to you.
20.1 Withdrawal Requests:
Withdrawal requests are subject to successful KYC (Know Your Customer) verification, alignment with the original deposit method, adherence to any discount terms or restrictions, and security reviews conducted by our automated systems and risk management team. All withdrawals are governed by the following conditions:
● Fees and Taxes: Withdrawals may incur applicable processing fees based on the chosen withdrawal method, as well as any applicable taxes.
● Withdrawal Limits: You can withdraw a minimum of INR 100.00 (One Hundred Indian Rupees) and a maximum of INR 30,000 (Thirty Thousand Indian Rupees) per transaction. Payments will be made via electronic wire transfer or another method in accordance with your stated preferences and applicable laws. We also reserve the right to disburse funds to the same financial instrument or method used to add funds to your account. These withdrawal limits may be modified by us from time to time.
● KYC Verification: Withdrawal requests will be processed only after completing KYC verification. We may request your KYC documents at any stage to verify your address and identity.
● Promotional Winnings: Discount and promotional winnings are not directly withdrawable and are subject to the terms and conditions under which they were granted.
● Processing Delays: While we strive to process withdrawal requests promptly, delays may occur due to the time required for KYC verification, security checks, and other processes involved in completing the transaction. We are not liable for any compensation related to such delays.
● Legal Compliance: Your winnings may be disclosed to relevant authorities, and necessary amounts may be withheld from payouts to ensure compliance with applicable laws and lawful requests from government entities, regulatory bodies, or court orders. It is solely your responsibility to ensure the timely remittance of all applicable taxes.
20.2 Deposits:
All transactions with PokerTales must be conducted in Indian Rupees (INR). We do not accept deposits in any other currency or in the form of virtual digital assets. You may deposit funds into the Deposit Balance Segment to participate in Cash Games, subject to the following conditions:
● Deposit Limits: You can deposit up to INR 5,00,000 (Five Lakhs Indian Rupees) in a single transaction. The monthly deposit limit is set by us and may be adjusted at our discretion with the necessary undertakings, indemnities, waivers, and verification conditions. We will inform you of any changes to these deposit limits on the platform.
● GST: Goods and Services Tax (GST) at the rates prescribed by the government will apply to the amount you deposit into the Deposit Balance Segment.
● Purpose of Deposits: The funds you deposit into the Deposit Balance Segment are solely for the purpose of participating in Cash Games and do not generate any interest or returns. You may transfer the balance from the Deposit Balance Segment to the Game Balance Segment to participate in Cash Games.
● GST-Compliant Invoice: Upon depositing money into the Deposit Balance Segment, PokerTales will issue a GST-compliant invoice, which will be available for you to download from the platform.
● Restrictions on Transfers: You cannot transfer funds from your Wallet to another user's Wallet under any circumstances.
● Ownership of Payment Instrument: You represent and warrant that the payment instrument or method used to add cash to your Wallet belongs to you.
● Payment Processing: Payments made via credit cards, debit cards, e-wallet and internet banking are processed through third-party payment gateways, and other payment methods also require authorization from the processing entity. We are not responsible for any delays or denials in processing payments by these third parties, as processing will be subject to their applicable policies and procedures, without any responsibility or risk on our part.
● Responsibility for Payment Failures: We are not liable for delays or denials in crediting your account, and you must follow up with your payment instrument provider to resolve such issues. Once a payment is authorized, confirmed, and received by us, the amount is credited to the Deposit Balance Segment.
● Right to Cancel Transactions: We reserve the right to cancel any transaction at our discretion. If a payment is successfully realized in such a case, the transaction will be
reversed, and the money will be credited back (exclusive of GST) to the original payment source.
Legal Framework Governing Gaming in India
The primary legislation governing gaming in India is the Public Gambling Act of 1867.
Is Poker Legal in India?
Under Section 12 of the Public Gambling Act, 1867, games of mere skill are exempt from the Act's provisions. The Supreme Court of India, along with various High Courts, has interpreted a game of mere skill as one where, despite the inevitable presence of some chance, the outcome is primarily determined by the player's superior knowledge, training, focus, experience, and skill. In such games, the element of skill outweighs the element of chance, and no penalties can be imposed on individuals playing these games. Poker is considered a game of skill because it requires players to use psychological insight, knowledge of statistics and probability, and strategic thinking. Bets are made based on calculated odds and predictable outcomes, and the winner is determined by probability and a predominance of skill, not just luck. Additionally, the International Mind Sports Association (IMSA) recognizes poker as a 'mind sport.' It’s important to note that, under the Indian Constitution, states have the authority to enact their own laws regulating betting and gambling within their jurisdictions. Several states have exercised these powers by enacting anti-gambling laws, which are generally aligned with the Public Gambling Act of 1867 and include an exception for "games of skill." However, where state-specific gambling legislation exists, it takes precedence over the Public Gambling Act of 1867. For example, the Assam Game and Betting Act, 1970, the Odisha (Prevention of) Gambling Act, 1955, the Telangana State Gaming (Amendment), and the Amendment to the Andhra Pradesh Gaming Act, 1974, all prohibit games involving money stakes and do not provide an exception for games of skill. As a result, residents of Andhra Pradesh, Assam, Odisha, Nagaland, and Telangana are currently not allowed to play on our site.