You understand that you will be abiding by the terms. You shall be responsible to comply with the Terms at any given point in time.
Software Usage Licence
We hereby permit you a personal non-exclusive, non-transferable right to use the Software, for playing with us, in accordance with the following provisions.
Create more than one account per household and/or computer.
The Software is owned and is an exclusive property of the licensor, a third party software provider company, (the "Software Provider").
You may only use the Services to play Real/Play Money Games (as defined below) if you are 18 years of age or over.
User Account Creation & Operation
User Account Validation & Personal Information Verification
A player’s registration on the Website is restricted to a single user account which will be used by the player to avail of the Services provided on the Website. The player is prohibited from creating or using multiple user IDs for registering on the Website.
All Content and Art Work on website remains the property of www.9HighPoker.com
User Account Suspension
www.9HighPoker.com holds the right to suspend or otherwise put restrictions on a player’s access to the Services on the Website during investigation for any of the following reasons:
Our decision in such matters will be final and binding on the player.
Disconnections & Technical Issues
As a policy, www.9HighPoker.com will cancel the games and refund the played amounts after proper verification in case of any technical failures, server crashes, breakdowns, software defects, disruption or malfunction of service. The decision of the management of www.9HighPoker.com will be final and binding.
Governing Law & Jurisdiction
This Agreement shall in all respects be governed, interpreted by, and defined in accordance with the laws of India. Under the Indian Arbitration and Conciliation Act, 1996, all conflicts, differences, complaints etc., shall be subject to Arbitration. Any disputes will be in Kolkatta jurisdiction only
The company disowns any and all Warranties, expressed, in relation with the software, the site and the games, all of which are provided to the user "AS IS". The player accesses or uses the website at his/her sole risk.
Etiquette of Table Chat
www.9HighPoker.com believes in giving its players a pleasant and top notch gaming experience. www.9HighPoker.com table chat feature is an important feature towards this effort. We do not believe in excessive censorship of the chat that happens on the tables. However, it is important that the players understand the etiquette and rules of the table chat.
The chat privileges of a player will be revoked in case of below mentioned categories:
Reservation of Rights
We reserve the right to;
Legality of Participation in Games
You may only participate in the Games on our website only if you are over 18 years of age and it is legal for you to do so according to the laws that apply in the jurisdiction from where you are connecting. Users from state of Orissa, Assam and Telangana are barred from playing and depositing money on www.9HighPoker.com. Any player circumventing rules using improper information or tools will do so at their own risk and will be liable for their own actions. www.9HighPoker.com will not be responsible for such actions. 9HighPoker.com only offers services for Indian geography any user/person trying to register or circumvent rules will do so at own risk and such accounts would be deactivated, and appropriate legal actions taken. Participation in games/ tournaments etc incurs a commission or rake as charged by 9HighPoker, details are provided at table/tournament level. Such charges are inclusive of GST was per Indian laws.
Forfeiture, Account Closure & Confiscation
www.9HighPoker.com reserves the right to void any winnings and confiscate any balance in your Poker account in any of the following scenarios:
By signing up with 9HighPoker, You authorize 9High poker and its representatives to communicate with you over sms / email/ voice call for promotional & non-promotional alerts. This shall also override registration under TRAI's DND LIST
How '9HighPoker.Com’ Uses The Collected Information
Mergers And Other Events Requiring Transfer
If we should ever become insolvent, or be acquired or merge with a third party, sell all or part of Our assets, or transfer substantially all or part of Our relevant assets to a third party, We are entitled to share the Personal Information and all other information You have provided through the Services to potential and subsequent business and merger partners.
Protection Of Children
The Services are not intended for or directed at persons under the age of eighteen (18). Any person who informs us that his age is eighteen (18) years or above, it is our policy to uncover the services which may require us to access and verify the person's Personal Information. If we become aware that a minor has attempted to or has submitted personal information via the Services, We will not accept this information and will take steps to remove such information from our records in a secure manner.
If any of the foregoing processes reveals a suspect application or process, Our software may scan the files associated with the suspect application or process and compile a composite mesh (i.e., a profile that characterizes the files associated with the application or process) to be matched against profiles for known illicit automated programs. Our software will not perform any random search of large portions of Your hard drive, equipment or files, and it will not transmit any information to Us or to any third party other than the information you provide to us.
9HighPoker.com makes the best effort to ensure that all players are offered an even gaming experience. Should any player face disconnection issues during a game, the following policies shall apply.
9HighPoker.com, at its discretion, may decide to cancel any tournament without prior notice.
In the event of a buy-in tournament, the entire amount of the buy-in and fees paid by the user to participate in the tournament will be refunded fully as long as no payouts have been awarded.
Should a tourney be canceled midway, all refunds will be at the discretion of 9HighPoker.com based on the following factors.
The choice of which option to use will be at the discretion of 9HighPoker.com at all times.
Under Section 194B of the Income Tax Act, 30.9 % tax shall be deducted from a user’s total prize money or total winnings/withdrawals in any given month exceeding Rs. 10,000
In these cases, you will be required to furnish your Permanent Account Number (PAN) duly issued to you by the Income Tax authorities if you have not already done so.
These limits and rates are subject to change as per the prevailing rules and regulations. 9HighPoker.com’s obligation in this regard is limited to deducting TDS as required by the law and providing you an appropriate certificate of tax deduction.
Curiously, the act of gaming or gambling is not defined under the Public Gambling Act, 1867. This is in accordance with the fact that gambling and betting are exclusively State subjects within the meaning of Article 246 and are described under Entry No.34 of List II of the Seventh Schedule. Therefore for the definition of gaming or gambling as applicable to each State, one must peruse the applicable State Legislation on gaming or gambling.
The Supreme Court of India in one of its landmark verdicts in 1996 stated that “A competition which substantially depends on skill is not gaming. Gaming is the act or practice of gambling on a game of chance. It is staking on chance where chance is the controlling factor. Gaming in two Acts would, therefore, mean wagering or betting on games of chance.”
Game of Skill – Meaning and differentiation from gambling
Game of skill is defined as playing a game where luck has little or no role to play and the winner is entirely determined by the intellect and skill of the player.
Section 12 of the Public Gambling Act exempts games of skill from the penal provisions against gambling. Playing a game of skill would be permissible as there is no other statute that criminalizes or punishes playing of such games of skill. This section is generally reproduced in most State Legislations on the subject, barring a few exceptions like Assam, Sikkim and Odisha.
The Supreme Court of India in one of its verdicts in 1996 concluded that games involving a ‘substantial or preponderant’ degree of skill would amount to games of ‘mere skill’.
The West Bengal Gambling and Prize Competition Act 1957 expressly excludes bridge, poker, rummy, and nap from the definition of gambling or gambling.
Placing reliance on exemption of the game of poker from the definition of gambling in West Bengal and decisions of the Supreme Court of India, one may conclude that playing poker and other similar card games for the legitimate forms of consideration would be permitted due to the overt element of skill involved in these games.
Note: All legal disputes to be settled through West Bengal jurisdiction.
9HighPoker.com is the owner of, and reserves all rights to the assets, content, services, information, and products and graphics in the website except any third party content or software.
9HighPoker.com refuses to acknowledge or represent about the accuracy or completeness or reliability or adequacy of the website's third party content or software. These content, materials, information, services, and products in this website, including text, graphics, and links, are provided "AS IS" and without warranties of any kind, whether expressed or implied.
9HighPoker.com is in no way responsible for any content of any linked site or any link contained in a link site.
9HighPoker.com disclaims all warranties, express and implied with regard to the merchantability and fitness for a particular purpose. 9HighPoker.com also does not guarantee that users shall be able to use the website without any interruption which could be leading to loss in continuity.
Although, 9HighPoker.com shall make reasonable efforts to ensure that the website remains free of viruses or other harmful components, it does not represent or warrant the website or the server that make the site available to be free of such harmful components. Use of the services of this website is at user's own risk and 9HighPoker.com shall not be responsible for any costs of servicing, repair or correction of their systems.
9HighPoker.com does not endorse the Advertisements hosted on its website. Users responding to advertisements or purchasing any products advertised on 9HighPoker.com do so at their own risk.