DAFAPOKER TERMS AND CONDITIONS
Bayview Technologies Ltd (Us/We/Ours) under the brand name of Dafapoker.com is fully licensed and regulated by Cagayan Economic Zone Authority in the Philippines for the purpose of operating a virtual Poker Room on the internet
These terms and conditions (""Terms"") govern the terms on which you may make use of this website www.Dafapoker.com (the ""Website""), use and download the software used to play the Games (the ""Software"") and participate in the Games (defined below). Please read the Terms carefully and print and retain a copy of the Terms and any Game rules and Account details for your records. If you have any doubts about your rights and obligations resulting from the acceptance of these terms, please consult a legal attorney in your jurisdiction. You may not register on the Site, set up an Account, download the Software or play the Games until you have communicated your acceptance of the terms by clicking on 'Accept' when downloading the software. Once you have done so a contract will be in place between you and Us on these Terms.
If you do not agree with any of these terms , do not click the “ I agree” button and do not continue with the download, install or otherwise use the software and erase from your hard drive or any other drive or storage medium the executable file you downloaded that contains the software.
We may modify or amend these Terms at any time. Notification of such changes will be posted on the Site together with a date from which time they will apply. If you use or continue to use the Site, the Games and/or the Software after the expiry of the date set out in such notification, you will be deemed to have accepted such modifications or amendments (and your contract with Us will be amended accordingly).
The following words and terms, when used with this agreement, shall have the following meanings, unless the context clearly indicates otherwise:
|Forbidden Jurisdictions||has the meaning given to it in clause 3.4 below;|
|Poker Room||the poker room and/or any other poker gaming activities offered by Us on Our Website and on Our downloadable version, as listed on the website;|
|Player||the user of the Poker Software downloaded from the Website.|
|Player Account||One personal single account pertaining to one domestic household address opened by You as an individual and maintained with the Operator to enable that person to play games on the Poker Room;|
|Software||the software licensed to Us including any program or data file or any other content derived therefrom, that is required to be downloaded, accessed or otherwise utilized by You from the Website enabling You to participate in the Poker Room and any other games available for Your use|
|Terms||Terms and Conditions which govern the use of the software by You the User|
|Username and Password||the username and password which You choose on registration with the Poker Room|
|You/Yours||the user of the Poker Software downloaded from the Website|
|Us/We/Ours||Bayview Technologies Ltd., http://www.dafapoker.com/en/|
|Website||http://www.dafapoker.com/en/ and any related sites accessible via links or any other access way;|
2. SUBJECT MATTER OF AGREEMENT
This agreement covers the arrangements between You and Us in relation to Your use of the Poker Room either for playing play-for-real or play-for-fun Poker and other games. These terms and conditions shall also apply to gaming via mobile devices including downloadable application to a mobile device (references herein to use of a website shall refer to Your use of mobile devices). The rules of the games are placed in the http://www.dafapoker.com/en/play-online-poker-games/texas-holdem-game-ru... as well as other sections of the Software and the Website, including but not limited to, rules describing how to play, tournaments, and any other rules governing particular games, events, and tournaments. All such rules are incorporated and included under the term and conditions set out herein.
3. LEGAL REQUIREMENTS
3.1 You can only use the Poker Room and/or the Website if You are the legal age as determined by the law of the country where You live and/or access the Poker Room and/or the Website.
3.2 You cannot use the Poker Room and/or the Website if You are under 18 years of age in any circumstances.
3.3 Some legal jurisdictions have not addressed the legality of online gambling and others have specifically made online gambling illegal. We do not intend that anyone should use the Poker Room and/or the Website where such use is illegal. The availability of the Poker Room and/or the Website does not construe an offer or invitation by Us to use the Poker Room in any country in which such use is illegal. Use of the Poker Room is void wherever prohibited by any applicable law. You accept sole responsibility for determining whether Your use of the Poker Room is legal in the country where You live. YOU HAVE AN OBLIGATION TO MAKE THIS DETERMINATION BY MAKING THE APPROPRIATE ENQUIRIES IN YOUR COUNTRY. If it is determined that Your use of the Poker Room is in violation of this clause, We shall have the right to close Your account and exercise Our remedies such as without limitation, those set forth in clause 11.8 of this agreement and as may be provided for under applicable law.
3.4 Notwithstanding the generality of the above provisions, You cannot use the Poker Room if You are resident in the United States of America or its territories, France, Belgium, Germany, Israel, United Kingdom, Cyprus, Czech Republic, Ukraine, Romania, Poland, Columbia, Philippines, Estonia, Bulgaria, Hong Kong S.A.R, Macau S.A.R., Taiwan, Singapore, Turkey, Spain, Portugal, Italy, Switzerland, Ireland, Australia, and Dutch Caribbean ("Forbidden Jurisdictions").
4. LICENCE TO USE SOFTWARE
We hereby grant to You a personal non-exclusive, non-transferrable right to use the Software, for playing in the Poker Room, in accordance with the following provisions.
4.1 You are not permitted to:
4.1.1 install or load the Software onto a server of other networked device or take other steps to make the Software available via any form of "bulletin board", online service or remote dial-in, or network to any other person;
4.1.2 sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in this agreement), Your license to use the Software or make or distribute copies of the Software;
4.1.3 translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the Software;
4.1.4 copy or translate any user documentation provided 'online' or in electronic format;
4.1.5 reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of the Software or to create derivative works based on the whole or on any part of the Software; or
4.1.6 enter, access or attempt to enter or access or otherwise bypass Our security system or interfere in any way (including but not limited to, by use of robots and similar devices) with the Poker Room or the Website or attempt to make any changes to the Software and/or any features or components thereof.
4.1.7 You do not own the Software. The Software is owned and is the exclusive property of the licensor, a third party software provider company, (the "Software Provider"). The Software and accompanying documentation which have been licensed to Us are proprietary products of the Software Provider and protected throughout the world by copyright law. Your use of the Software does not give You ownership of any intellectual property rights in the Software. This agreement applies only to the grant of the license to use the Software.
4.1.8 Any Services offered to You utilizing a smart phone or a mobile device shall be subject to these Terms and Conditions. The terms under which any application is downloaded or installed into Your smartphone or mobile device shall be governed by the agreement entered into between You and the Software Provider. However, in case of an inconsistency between these Terms and Conditions and any such agreement with the Software Provider, these Terms and Conditions will prevail.
5. LIMITATION OF LIABILITY
This clause (5) sets out Our entire liability arising out of this agreement or Your use of the online poker room to the extent permitted by law.
5.1 The software is provided “as is” without any warranties, conditions, undertakings or representations expressed or implied, statutory or otherwise. We hereby exclude all implied terms, conditions and warranties (including any of the merchantability, satisfactory quality and fitness for any particular purpose). We do not warrant that the software will meet Your requirements.
5.2 We do not warrant that the software will be non-infringing or that the operation of the software will be error free or uninterrupted or that any defects in the software will be corrected, or that the software or the servers are virus free. In the event of communications or system errors occurring in connection with the settlement of accounts or other features or components of the software neither We nor our software provider will be liable to You or to any third party for any costs, expenses, Losses or claims arising resulting from such errors. We further reserve the right in the event of such errors to remove all relevant games from the software and the website and take any other action to correct such errors.
5.3 Our maximum liability to You or any third party arising out of this agreement or Your use of the Poker Room, whether for breach of contract, equitable duty or in tort or otherwise, will be limited to cases of direct damages and will be no more than the amount, if any, You paid to access the software (except for the personal injury or death resulting from Our negligence).
5.4 In no event will We, Our licensees, distributors, parents, subsidiaries, affiliates and all of their officers, directors and employees, nor anyone else involved in creating, producing or delivering the Poker Room, the software or the payment service, be liable for any indirect damages or losses whatsoever, including, without limitation, special, consequential, incidental or punitive damages, arising out of or in connection with this agreement, or the use or performance of the Poker Room, the software or the payment services . This disclaimer and limitation applies regardless of the cause or nature of the losses or damages including, without limitation lost revenue or profits (whether direct or indirect), interruptions, loss of data, inaccurate results, or delays, however arising and regardless of the theory of liability, even if We received prior notice of the possibility of such damages, By clicking the accept button after downloading the software, You acknowledge that the nominal fee, if any, reflects this allocation of risk
5.5 Any allowable claim, if any, which You may bring against Us must be brought no later than sixty days after the date of the event giving rise to the claim, and You hereby waive any right to bring any claim not brought within such period.
5.6 If You are using any third party equipment, software or services (collectively, the “third party goods/services”) In connection with Your use of the games , the software or the payment services , the entire risk as to the quality and performance of such third party goods/services rests with You. Should such third party goods/services prove defective, You assume the entire cost of all necessary repairs or corrections.
5.7 You hereby acknowledge that how the Software is used by You is not in Our control. You load and use the Software at Your own risk. We shall not be responsible for any damage to, or loss of data from the mobile device that You use, and will also not be responsible for any call, data or other charges that You may incur.
5.8 The Software may include confidential information which is secret and valuable to the Software Provider and/or Us. You are not entitled to use or disclose that confidential information other than strictly in accordance with the terms of this agreement.
6. SHARED POKER ROOM NETWORK
6.1 We participate in a shared poker room network which enables You to play poker together with other players from other poker room websites all joining the same game or the table or the tournament through a shared poker room platform managed by a third party provide of poker network services.
6.2 You therefore agree that once You join a shared poker room You will accept and will comply with the rules and the terms and conditions that apply on the shared poker room including any of its games, tables, and tournaments.
6.3 You acknowledge and agree that We and/or the operator of the shared poker network, both at Our sole discretion, reserve the right to terminate Your game or block Your account as well as deny You from accessing the shared poker network, either from the Website or from any other websites thereafter, in the event that You violate any of the game rules or any of the terms and conditions set out in this agreement.
6.4 You further acknowledge and accept that We and/or the operator of the shared poker network, reserve the right, both at our sole discretion, to collect, process and record both in our databases any information in connection with Your game patterns, personal data, depositing of funds and any other related information and inquiries that will help prevent any fraud, collusion or similar improper illegal behavior.
7.1 We are a corporation incorporated under the laws of the Philippines and are fully licensed and regulated by Cagayan Economic Zone Authority in the Philippines for the purpose of operating a virtual poker room on the internet, under the name http://www.dafapoker.com/en/.
7.2 We only allow access to playing games on the Poker Room through secured networks using encryption of the user name and password. You cannot play games on the Poker Room without passing Our customer security login.
7.3 You may not use the Poker Room for any commercial use or on behalf of another person. Any use of the Poker Room by You is for own private purposes only.
7.4 You must keep Your Username and Password confidential and should not disclose them to anybody. You may not use anyone else's password. You shall be responsible for all transactions conducted in relation to Your Player Account using Your Password. Every person who identifies him/herself by entering Your correct Username and Password is assumed by Us to be You and all transactions where the Username and Password have been entered correctly will be regarded as valid.
7.5 You will not allow any third party to use Your Player Account to use the Poker Room and You will not use any other person's Player Account or means of payment to access the Poker Room or the Website or the Software.
7.6 It is Your responsibility to ensure that You understand the rules and procedures of the games in the Poker Room and Your use of online gaming in general before You play any such games.
7.7 We are using the best methods available today for the encryption of the Username and Password information, and any other sensitive information transferred to and from the client application and Our servers, thus securing the Player and Us against manipulation attempts by a third party. You will not break in, access or attempt to break in or access or otherwise by-pass Our security. If we have a suspicion that You have attempted to or may be attempting to break in, access or otherwise by-pass our security or the Software, We will be entitled to terminate with immediate effect Your access to the Poker Room and/or have Your account blocked, and we reserve the right to inform the applicable authorities.
7.8 Collusion Prevention
Collusion means a situation where two or more players attempt to earn an unfair advantage by sharing knowledge of their cards or other information at a poker table. Any player who attempts to or colludes with any other player while using the Poker Room will be prohibited from ever using the Poker Room or the Website or the Software or any of Our other related services and their player account will be terminated effective immediately. We will do Our best to investigate complaints received against players suspected of collusion. If We suspect collusive behavior during a game, We may, in Our sole discretion, terminate the suspected players' access to the Poker Room and/or block their accounts. We will not be liable under any circumstances whatsoever for any loss You or any other player may accrue as a result of the collusive or otherwise unlawful activity and We will not be further obliged to take any other actions in any event of suspected of collusion, fraudulent or fraud.
8. YOUR RESPONSIBILITIES
8.1 We make no representation or warranty with respect to the legality or otherwise of the accessing and use of the Poker Room in Your country of residence and it is solely Your responsibility to determine whether such accessing and use of the Poker Room by You is legal. We further warrant in that respect that it does not intend to enable You to contravene any applicable law.
8.2 You shall not transfer in any way whatsoever Your rights under this agreement without Our prior written consent.
8.3 You are fully responsible for all taxes, fees and other costs incidental to and arising from winnings resulting from use of the Poker Room.
8.4 It is Your responsibility to inform Us of any changes to Your registration details.
8.5.1 You agree that Bayview Technologies Ltd. will handle all financial account transactions ("Payment Processor"). You hereby agree that the Payment Processor reserves the right to withhold any payments should the Payment Processor have reason to believe or any suspicion that You may be engaging in or have engaged in fraudulent, collusion, unlawful, or improper activity.
8.5.3 The banking account details (such as Your debit/credit card, etc.) You supplied in the registration process are Yours, You are the registered owner of those banking accounts, and You have full authority to utilize them, and the banking accounts have not been reported as lost, stolen, frozen, expired, or closed, or in any other means rendered incapable of use to or by You. Further, all monies used by You in the Online Poker Room are lawfully Yours and are not obtained from an illegal source or through illegal activity;
8.5.4 Only payments made out of Your Account will be accepted and You will only be permitted to make payments up to the amount of the balance currently held in your Account.
8.6 You accept that You are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and internet access services that You need to use in order to access the Poker Room. Your mobile device and internet connection may affect the performance and/or operation of the game concerned. We will not be liable in any way whatsoever for any loss caused to You by the internet or any telecommunication service provider which You have engaged in order to access to the Poker Room or to the Website.
8.8 You will not commit any acts or display any conduct that damages Our reputation or our software provider or any other related service providers.
8.9 You acknowledge that if Your Player Account is opened You will fully indemnify Us and hold Us harmless from and against all and any losses, costs, expenses, claims, demands, liabilities and damages however caused that may arise as a result of Your (a) entry, use, or reuse of the Website or the Poker Room; (b) breach of any of the terms and provisions of this agreement. You further agree to fully indemnify, defend and hold Us and Our officers, directors, employees, agents, contractors and suppliers harmless, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach of this Agreement by You, and any other liabilities arising out of Your use of the Poker Room or the Software.
8.10 You may open only one account on the Website and with Us. Any additional accounts that are opened may be closed by Us and any outstanding amount returned to You or all such accounts may be treated as one joint account and merged together by Us, in either case at Our sole and absolute discretion. You agree that We shall use any method it deems reasonable to determine if two or more accounts belong to the same customer.
8.11 We reserve the right to change this agreement from time to time as set out in clause 10 below. It is Your responsibility to check from time to time and see whether there is a notification of change in accordance with clause 10 below.
9. YOUR WARRANTIES, REPRESENTATIONS AND INDEMNITIES
Only if You satisfy all of the following criteria are You entitled to play the Poker Room. In consideration for the rights granted to You to use the Poker Room and the Software You warrant, represent and covenant to Us (and acknowledge that We are relying on such warranties, representations and covenants) that the following are true
9.1 You are not a resident of any of the Forbidden Jurisdictions;
9.2 You are acting on Your own behalf and Your use and interest in the Poker Room is personal, and not professional, and that You are only using the Poker Room for Your own private entertainment and You acknowledge that use for any other purpose is strictly prohibited;
9.3 You are not restricted by limited legal capacity;
9.4 You are not classified as a compulsive gambler;
9.5 You are solely responsible for recording, reporting, paying and accounting to any relevant governmental or taxation authority for any tax or other levy that may be payable on Your winnings from the Poker Room;.
9.6 You agree and acknowledge that You will not provide any information or make any statement to Us that is untrue, false, incorrect or misleading including (but not limited to) information relating to Your identity and contact details. Any and all information that You have provided to Us is true (and will continue to be true) in every respect throughout the term of this Agreement and You agree to duly notify Us of any changes to such information immediately;
9.7 You are fully aware of the fact that there is a risk of losing money through the use of the Software to play games on the Poker Room;
9.8 You are not depositing funds which You know, or ought to know, originate from criminal and/or un-authorized activities;
9.9 You are not otherwise conducting criminal activities and/or intending to utilize the Player Account in connection with such activities which You know, or ought to know, will (or may) be illegal or deceptive.. You are not using or intending to use or intending to allow any other person to use the Poker Room and the Player Account for any prohibited or unlawful activity, including but not limited to, fraud or money laundering, under any applicable law in particular Your jurisdiction and the laws that apply to Us;
9.10 You are not colluding or attempting to collude or intending to participate, directly or indirectly, in any collusion scheme with any other player in the course of any game You play or will play on the Poker Room.
9.11 You are not under the age of either (i) 18; or (ii) the age at which gambling activities are legal under the law of the jurisdiction that applies to You, whichever is greater;
9.12 You are not one of Our officers, directors, employees, consultants or agents. If You have breached this prohibition, among others actions that will be taken against You, You will not be entitled to any of Your winnings (if applicable);
9.13 You have not previously held a Player Account which was suspended or terminated either by Us or by any other online gaming operator, You have not charged back any monies via a Player Account;
9.14 You are solely responsible for the acquisition, supply and maintenance of all of the computer equipment and telecommunications networks and Internet access services and all other consents and permissions that You need to use in order to access the Online Poker Room and Website;
10.2 The changes will take effect from the date specified when they occur. It is important, therefore, that You log in to the Website from time to time and check to see whether there is a notification of change. You are solely responsible for reading the changes.
10.3 If You continue to use the Website or the Poker Room after We have updated the changes (regardless to the way We have notified of such changes), You agree to be bound by those changes whether or not You have had actual notice of, or have read, the relevant changes. If You do not agree to be bound by relevant changes, You should not continue to use the Website or the Poker Room any further.
11. RESERVATION OF RIGHTS
11.1 We reserve, at Our sole discretion, the right to:
11.1.1 refuse to register any applicant for registration on the Website or the Poker Room.
11.1.2 refuse to accept any wager on the Poker Room;
11.1.3 change, suspend, remove, modify or add any game or tournament on the Poker Room.
11.2 We reserve the right to make inquiries on You, including credit checks, with third party credit and financial institutions, in accordance with the information You have provided Us with.
11.3 In the event of any dispute regarding a wager or winnings, Our decision will be final and binding. We reserve the right to reasonably withhold any pay out or winning amount until the identity of the winning person is verified to Our satisfaction in order to ensure that payment of the winning amount is being made to the correct person. For this purpose, We further reserve the right, at Our sole discretion, to demand that You will provide Us with a notarized ID or any equivalent certified ID according to the applicable law of Your jurisdiction.
11.5 In the event that We will suspect fraud or fraudulent activity on Your part, or any of Your payments are charged back, We will have the right to withhold any pay-out or winning amounts due to You and if necessary, to lawfully collect any payments owed by You.
11.6 We reserve the right to terminate your membership in the VIP Club program, withhold Your winnings, forfeit all accrued Dafa Poker Points and any other sanctions that We deem appropriate under the circumstances if We determine that You abuse the VIP Club program.
11.7 In case You are found to abuse DafaPoker offers and tournaments in any way, such as but not limited to, any of the aspects of DafaPoker’s bonus scheme, free roll tournaments, affiliation deals, multiple accounts, group play or otherwise, We reserve the right to terminate Your account, withhold Your winnings, forfeit all accrued Dafa Poker Points and any other sanctions that We deem appropriate under the circumstances.
11.8 We may at any time without prior notice to You terminate Your use of the Poker Room and block Your Player Account if We consider that You are in breach of any of the terms and provisions of this Agreement or that You are otherwise acting illegally. We will not be under any obligation in such circumstances to refund or otherwise reimburse You for any of the funds in Your Player Account.
11.9 We reserve the right, at Our sole discretion, to offer and advertise from time to time promotions, bonuses or other special offers and each such offer will be subject to specific terms and conditions which will be valid for a limited period of time. In connection with the specific terms of the above promotions, bonus and special offers, We further reserve the right to withhold any withdrawal amount from Your account which will be in excess of Your original deposit. In addition, We reserve the right to withhold or otherwise decline or reverse any pay-out or winning amount or amend any policy in the event that We suspect that You are abusing or attempting to abuse any of the following: (i) bonuses; (ii) other promotions; or (iii) specific policy or rules determined in respect of an existing game or a new game.
11.10 We reserve the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, to any person without notice and You will be deemed to consent to such assignment.
12.1 This agreement is effective from the moment of acceptance by clicking on the "I agree" button, and shall remain in force indefinitely unless terminated in accordance with this agreement. For the avoidance of doubt it is agreed that You are bound by this Agreement if You use the Poker Room or the Website or the Software in any way, including, but not limited to, initiating or making a deposit through Your Account or submitting Your deposit details to Us.
12.2 We may, by notice to You, terminate this agreement at any time without cause. Such notice of termination will be effective immediately, unless otherwise stated by Us.
13. GOVERNING LAW
13.1 The construction, validity and performance of this agreement will be governed by Philippines law. However, this shall not prevent Us from bringing any action in the court of any other jurisdiction for injunctive or similar relief. The English language version of this Agreement will prevail over any other language version issued by Us.
13.2 The illegality, invalidity or enforceability of any part of this agreement will not affect the legality, validity or enforceability of the remainder.
14.1 You agree to receive communications from Us in an electronic form. Electronic communications may be posted on the pages within the Website and/or the messages/help files of Your client application, and/or delivered to Your e-mail address. All communications in either electronic or paper format will be considered to be in "writing" and to have been received no later than five business days after posting or dissemination, whether or not You have received or retrieved the Communication. We reserve the right, but assume no obligation, to provide communications in paper format.
14.2 Any notices required to be given in writing to Us or any questions concerning this Agreement should be addressed to support@Dafapoker.com.
15. Self Exclusion
15.1 As a responsible gambling operator We allow all customers the opportunity to self-exclude themselves from our gaming offerings – please contact Our customer support for immediate assistance.