Terms and Conditions

    GENERAL

    Nerdee Poker is an online platform/Mobile application offered by Nerd Herd Technologies Private Limited (hereinafter referred to as "Company", "Nerdee Poker", or “We” or “Us” or “Our”) that enables users ("You", "Your", "User") to play Poker online amongst each other.These Terms and Conditions, Privacy Policy, Responsible Gaming Policy, Fairplay Policy, Network Rules and the different sets of Game Rules (hereinafter referred to as “Platform Policies”) form a binding legal agreement between You and the Company, on the basis of which You may visit, access, or use the website, mobile applications, and related services (“Services”).We reserve the right to periodically review, update, or otherwise modify any part of the Platform Policies at Our sole and absolute discretion, and accordingly, You are advised to keep Yourself updated on the latest versions of the Platform Policies. We will provide You with notice of any material modification to the Platform Policies, and Your continued access and use of the Services after such notification shall constitute consent to the modified Platform Policies.


    These terms of use are an agreement between the Company and you/user, which terms are defined herein below. The agreement must be read by you completely and comprehended accurately before you agree to the terms of use governing any and all relationships in this agreement. The user should read, understand and agree to the terms of use which includes those terms and conditions expressly set out below and those incorporated by reference, which you can access by clicking on the relevant link. All registered Indian players are welcome to participate on the Nerdee Poker platform. However, prior to initiating the process of opening an account on the Nerdee Poker app or website, the player assumes full responsibility to ascertain that they are not situated in a jurisdiction where online gaming is prohibited or deemed unlawful, and the Player is not in breach of any legislation or regulation in force in a given jurisdiction.


    This document is an electronic record in terms of the Information Technology Act, 2000, and rules there under as applicable and various other statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.


    You acknowledge and agree that by using, or otherwise accessing the Company Platform and Company Services, you agree to be bound by these Terms and our Privacy Policy. You acknowledge that we provide use and access to our Platform and Services to you, subject to these Terms. You agree and acknowledge that you have completely read and understood these Terms and the Privacy Policy, incorporated herein by reference, as amended from time to time. You agree, covenant, and undertake to be bound by the specific rules and regulations of each of the Games as applicable.


    We reserve the right to amend, modify, update, terminate, supplement, or otherwise amend all or any of the Terms, Privacy Policy, rules, or regulations on the Platform at any time by publishing new Terms.


    Company may, at its sole discretion, also notify the User of any change or modification in these Terms, Privacy Policy, rules, regulations, and terms of use referred to herein or provided by the Company, 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, rules, regulations, and terms of use referred to herein or provided by the Company. If such options to indicate non-acceptance are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms, rules, regulations, and terms of use referred to herein or provided by the Company. If the User does not accept the modified Terms, rules, regulations, and terms of use referred to herein or provided by the Company, we reserve the right to deny access to the Platform and Services to the User.


    If the User does not accept the modified Privacy Policy, we reserve the right to deny access to the Platform and Services to the User to the extent such modified terms of the Privacy Policy are required to provide access to the Platform and Services.

    Definition of the Terms Membership (Also referred to as "Account")

    Subject to the User's compliance with these Terms, the Company gives Users a personal, royalty-free, non-assignable, non-sublicensable, non-transferable, non-exclusive, and revocable limited right to access and use the Platform that is provided as part of the Services (membership). This right is for the sole purpose of enabling the own personal private use from Users to play Games of skill as hosted on the Platform, in the manner prescribed under these Terms and not for any commercial purposes, in India and only until the User is bound by these Terms.


    The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by the Company on the Services are subject to change. When access to Games is included in the Services, the specific rules, scoring, controls, and guidelines for each game can be found within the game itself. The Users agree to and shall comply with such rules, scoring, controls, and guidelines, etc. Any charges levied on Users for accessing the Services, including but not limited to internet connection and/or mobile or data charges, are solely the responsibility of such Users.


    In order to access the Website or fully utilize the Platform offered by the Company, a User is required to register on the Platform. You are not authorized to access any of our Platform until you have been granted an Account (defined below). If you wish to become a registered User, you will need to create an account (‘Account’) on our Platform. Each User is only permitted to open one Account. The Company reserves the right to terminate or suspend any duplicate accounts.


    In order to apply for an Account (also known as Membership), the Company may require you to register by completing a form and providing certain details (listed below), in accordance with the instructions on the Platform:
    • Full Name
    • E-mail address
    • Password
    • State of Residence
    • Gender
    • Date of Birth
    • Mobile Number
    • Bank Account Number
    • Permanent Account Number Card (PAN Card)
    • Government issued Identity Documents (for know your customer checks)

    You can also register or log in through your Google or personal e-mail address. You may also be required to provide your mobile number for verification purposes and verify such mobile number using a one-time passcode (OTP) sent to your mobile number. Permission to open the Account shall be determined by the Company or its representatives, at their sole discretion. We may refuse to grant an application for an Account made by any person without giving a reason for such refusal. You agree and acknowledge that the decision of the Company in this regard shall be final. We may require additional identity verification procedures used to ensure that we can verify the identity of Users transacting with each other and assist our payment service providers in corroborating the results of these know-your-customer verification checks with the identity of our customers (collectively ‘KYC’ checks). You understand and submit to such KYC checks, and agree and consent to supply and provide your personal information and documents to evidence proof of identity and address, as may be required to conduct and complete such KYC checks.

    RIGHT TO ACCESS THE SERVICES

    Our services and products are not available to anybody under the age of 18(eighteen) on the day of them applying for membership through the registration process on the site. Also, it is strictly prohibited for any user under the age of 18 eighteen to play games on our website. We reserve the right to request proof of age at any stage to verify that the declaration of age provided by you at the time of registration is genuine and we may prohibit usage of the Website to a person if proof of age is not provided upon request or if the Company suspects that a person using the service is under-age. The services and products are not intended for users connecting to the site from jurisdictions that say it is illegal to do so (as listed under ‘Legality’).Our company and its website do not accept membership requests from people who are under the age of 18 eighteen, if such person becomes a member of the site by giving false information, the liability will be solely on the user and the company reserves the right to terminate the user's membership without any notice and confiscate all his deposit and winnings as the case might be. If we find a player playing on Nerdee Poker app or website, being under the age of 18 eighteen, such users account(s) will be terminated with immediate effect and the funds in the account will be confiscated. Such user shall keep the Company, its affiliates, officers, representatives and agents fully indemnified from such misrepresentation. You accept that the Company will not be liable to take any responsibility for the breach of the user of applicable laws.


    If You are not legally competent to individually enter into Indian Rupee transactions through banking channels in India and/or are accessing the Services from a Restricted State, You are prohibited from participating in Cash Games/Tournaments on Our Services. In the event of such violation, Your participation in Cash Games will be deemed to be in breach of the Platform Policies and You will not be entitled to receive any prize that You might win in such Cash Games. We reserve the right to terminate Your access and use of the Services when We become aware of or are of the opinion, at Our sole discretion, that Your use and access of the Service(s) is in violation of the Platform Policies.


    The applicable laws in the state of Andhra Pradesh, Assam, Sikkim, Nagaland and Telangana may prohibit a player from using the services offered on our website. You agree that You are not from any of these Restricted States and You shall refrain from making any false disclosures, declarations and/or representations to Us to circumvent the applicable laws and/or regulations of the territory of India of the Restricted States to participate in any Paid Contests. There may be applicable penalties imposed on such a user by the respective state governments or the central government of India as the case may be. Our company and its website do not accept membership requests from people who are residing in these states and if a user residing in such state becomes a member of the site by giving false information, the liability will be solely on the user and the company reserves the right to terminate the user's membership without any notice and confiscate all his deposit and winnings as the case might be. If we find a player playing on Nerdee Poker app or website, has an IP address of any restricted state(s), or if a deposit or withdrawal is initiated through an IP address of any banned state, such users account(s) will be terminated with immediate effect and the funds in the account will be confiscated. Such user shall keep the Company, its affiliates, officers, representatives and agents fully indemnified from such misrepresentation. You accept that the Company will not be liable to take any responsibility for the breach of the user of applicable laws. Users from all states have to always ensure that they are following the applicable state laws and we will try to post any changes that we deem appropriate to better educate the users. Our decision in this regard will be final and no consideration whatsoever will be extended to the user. You confirm that you are not accessing the Services to play cash games from outside India. If an user residing outside India becomes a member of the site by giving false information, the liability will be solely on the user and the company reserves the right to terminate the user's membership without any notice and confiscate all his deposit and winnings as the case might be. Such users shall keep the Company, its affiliates, officers, representatives and agents fully indemnified from such misrepresentation.


    You are also responsible for ensuring that all information provided by you to us is accurate, complete, and up-to-date. If we have reasonable grounds to believe that any information you have provided to us is inaccurate, not current, or incomplete, we may suspend or terminate your Account. You shall be liable for any loss or damage suffered by us as a result of your failure to maintain accurate, complete, and up-to-date information.

    USER REGISTRATION

    As part of the registration process, you will be asked to select a password for your Account and will be responsible for maintaining the confidentiality of your password and other Account information. You are responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security. You should ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.


    You agree not to use your Account for any unlawful purpose or for the benefit of any third party, including but not limited to making any unauthorized commercial use of the Platform or Services.


    You may terminate or cancel your Account at any time by contacting us at support@nerdee.in. Upon termination or cancellation of your Account, you will no longer have access to the Platform or Services, and any data associated with your Account may be deleted or archived.


    We reserve the right to terminate or suspend your Account at any time, without prior notice or liability, for any reason, including but not limited to your breach of these Terms or any other agreement you may be subject to in relation to your use of our Services. Upon termination or suspension of your Account, your right to access and use the Platform and Services will immediately cease, and any data associated with your Account may be deleted or archived.


    We will not be liable to you or any third party for any termination or suspension of your Account, or for any deletion or archiving of data associated with your Account.


    Access to your Account and to add, delete or modify any Content on your Account is password / OTP protected.


    We are not liable for any loss, damages, or expenses of any kind incurred or suffered by you arising from or in connection with any failure, delay or interruption, interception, or interference in transmitting passwords/OTPs due to any failure of the mobile service network or any other circumstance beyond our reasonable control.


    You agree that you will not disclose your password / OTP to anyone or allow any other person to access or use your Account. We are not responsible if your Account is accessed or opened by other persons using your password. You shall be held solely responsible and liable for all of your activities on the Platform made from your Account.


    You understand that it is your obligation to protect the information you have provided on the Platform including, but not limited to, usernames, passwords, email addresses, contact details, bank account information, etc. You explicitly understand and agree that we will not incur any liability for information provided by you to anyone which may result in your Account on the Platform being exposed or misused by any other person or any other harm or loss being suffered by you.


    Provided that Company or its employees have not engaged in fraud or gross negligence, Company shall not be liable to a User for any authorized transaction which has been executed through the Platform as a result of:
    • Fraud committed by any User using User’s access credentials before the User has notified Company in writing of the loss or theft of such access credentials, as a result of which Company has been unable to take any action to disable the access credentials;
    • Fraud committed by third parties against Users which may not be preventable by, or occur despite the security systems of the Platform;
    • A voluntary action or transaction initiated suo motu by any User at the behest of another User, which is not initiated by Company for the transfer of funds, credit, or stored value to another User;

    The security, accuracy, legality, appropriateness, or any other aspect of the Content or function of any third party’s products or services on our Platform; Responsibility for the underlying transactions involving funds between you and the sender/recipient of a payment or the actions or identity of any transfer recipient or sender.


    You should routinely check the Account Balance section of your Account to ensure that there has been no unauthorized use of your Account. If you suspect any unauthorized activity, you must change your password immediately and contact the Grievance Officer at support@nerdee.in.


    Please also contact us immediately if your mobile or computer device through which you access the Platform has been lost, stolen, or compromised in any way, or someone has used or may use your mobile or computer device or credentials without your authorization, or if you become aware of any unauthorized use of your Account.


    You should only transact with a third-party product or service that you know. While the Platform may provide a link between the sender and the recipient of cash or credit balance(s), all payment transactions or any communications/offers carried out through the Platform are solely between the sender and recipient of the payment, and the Platform is not a party to and will not be responsible for any disputes, chargebacks, or reversals arising from payment transactions solicited or initiated by and between Users.


    Please note that we can terminate or suspend your Account and all associated accounts, institute fraud prevention measures such as access restrictions, transaction velocity restrictions, etc., without prior notice to prevent unauthorized use of our Platform. You must cooperate with us in any investigation and use any fraud prevention measures we prescribe, and you agree that we will not be liable to you or any third party for any block, suspension, cancellation, or termination of your use of an Account owing to such measures.


    You are hereby informed that any and all information associated with any fraudulent transaction may be shared by Company (with or without demand) with the Government of India or any agency thereof, for the purpose of verification of the identity of the User, or for prevention, detection, investigation, prosecution, and punishment.

    TAXES AND SERVICE FEES

    All Cash Games & Tournaments are subject to applicable taxes and levies. We are legally mandated to deduct tax at source (“TDS”) at the time of withdrawal on net winnings, or the various Poker formats as the case may be. In these cases, You will be required to furnish Your PAN. These limits and rates are subject to change as per the applicable laws. Nerdee Poker's obligation in this regard is limited to deducting TDS as required by law and providing You with an appropriate certificate of tax deduction. We reserve the right to verify Your PAN from time to time and to cancel any prize should Your PAN be found inconsistent in Our KYC verification process. We shall have no liability or responsibility in connection with Your personal taxation matters.


    Tax invoice and credit note: In case a User wishes to obtain his copy of tax invoice and/or credit note containing the prescribed particulars as per Goods and Services Tax Act and the rules provided there under, in respect of a particular gameplay, such tax invoice / credit note shall be provided to the said User on receipt of a specific request raised with us.


    In the event that the User does not withdraw any winnings during a financial year and maintains a Net Winning balance as of March 31st of each year, a Tax Deducted at Source (TDS) at the rate of 30% shall be applied to such Net Winnings. The TDS will be deducted from the User's Winning Account as of March 31st, as calculated in accordance with the applicable provisions.


    In the event of any changes or revisions by the Government of India to the applicable TDS rate or the definition of Net Winnings in the future, the TDS shall be deducted by Us in accordance with the revised rate and definition of Net Winnings as prescribed at that time. TDS certificates in respect of such deductions will be provided to the Winners. The Winners shall be solely responsible for the payment of any other applicable taxes, including but not limited to income tax, gift tax, or any other taxes applicable to the Net Winnings. We shall bear no responsibility for the tax obligations of individual users beyond the deduction of TDS.


    Nerdee Poker charges a Service Fee on each Cash Game played on the Website by a User, which may vary depending on the nature of the Cash Game and is subject to change from time to time. Nerdee Poker reserves the right to levy different Service Fees for different Cash Games or levy different fees to each user on the same game at its sole discretion.


    Discounts may be granted to users on the basis of a number of parameters pertaining to usage of the Website by the user, including the frequency of Games played, participation in tournaments or special Game types, overall winnings, conduct on the Website, players referred to the Website, etc.


    In line with the latest amendments to the Goods and Services Tax laws, there will be a levy of GST @28% at the time of deposit.

    UNFAIR GAMEPLAY

    It is your sole responsibility to play Nerdee Poker for entertainment, to the extent that you comfortably can. We are committed to the safety & well-being of our players, and strongly advise you to keep track of the time and money you are investing in the skill games.


    In accessing or using our Platform you agree that you will not:
    • Use any automated device, software, process or means to access, retrieve, scrape, or index our Platform or any Content thereon without our express prior written consent;
    • Use any device, software, process or means to interfere or attempt to interfere with the proper working of our Platform; Undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate site usage;
    • Use or index any Content or data on our Platform for purposes of competing with us in any manner that we have not specifically authorized;
    • Transmit spam, chain letters, games, junk email, surveys, or other mass messaging, whether commercial in nature or not;
    • Use our Platform or any Content therefrom in any manner which is, in our sole discretion, not reasonable and / or not for the purpose it is made available;
    • Violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
    • Pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
    • Act in violation of any Terms of using our Platform;
    • Reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Platform or any Content thereon, except as expressly authorized by us;
    • Transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

    We reserve the right to prevent unauthorized access to or use of our Platform, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.


    In the event, we have reasonable grounds to believe that your activities include any of the acts specified above, we may initiate appropriate legal action against you as well as notify the relevant regulatory or law enforcement authorities where appropriate in addition to any other available remedies under law or equity, apart from restricting or suspending or terminating your use of the Platform.


    You shall not purchase, sell, assign, trade, rent, loan, lease, license, grant a security interest in, or transfer your User Account, any content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Platform.


    Users agree to abide by these Terms and all other rules, regulations, and terms of use of the Platform. In the event User does not abide by these Terms and all other rules, regulations, and terms of use, Company 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 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 Company subject to a processing fee (if any) applicable on such transfers as set out herein;
    • Refraining from awarding any prize(s) or withholding access to such infringing User.

    Users agree to ensure that they can receive all communication from Company by marking emails or sending SMSs from Company as part of their safe senders list. Company shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User’s junk or spam folder.


    If a User chooses a username that, in Company’s considered opinion is obscene, indecent, abusive or that might subject Company to public disparagement or scorn, Company reserves the right, without prior notice to the User, to change the User’s username and inform the User, or delete such username and posts from Platform, deny such User access to Platform, or any combination of these options.


    Unauthorized access to Platform is a breach of these Terms, and a violation of the law. Users agree not to access the Platform by any means other than through the interface that is provided by Company for use in accessing Platform. 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.


    The use of the Platform is subject to existing laws and legal processes. Nothing contained in these Terms shall limit Company’s right to comply with governmental, court, and law-enforcement requests or requirements relating to User’s use of the Platform.


    Company may not be held responsible for any content contributed by Users on the Platform.

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