Terms and Conditions

PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY AND MAKE SURE THAT YOU FULLY UNDERSTAND THE CONTENTS THEREIN. IF YOU HAVE ANY DOUBTS ABOUT YOUR RIGHTS AND OBLIGATION WHICH WILL FOLLOW ON FROM YOUR ACCEPTANCE OF THIS AGREEMENT, PLEASE CONSULT A LEGAL ATTORNEY IN YOUR JURISDICTION.

Definitions:

The following words, phrases and terms when used in the context of this agreement shall have the following meanings, unless the context clearly indicates otherwise:

• Poker Room – The Poker Room and / or any other Poker gaming activities that are offered by African Palace Poker on our website and on our downloadable version as listed as http://www.africanpalacepoker.com
• Player Account- The one personal account pertaining to one domestic household address or Domicile Citandi, opened by an individual and maintained with African Palace Poker to enable that person to play games at our Poker Room
• Software – The software licensed to African Palace Poker, including any programme or data file or any other content derived there from, that is required to be downloaded, accessed or otherwise utilised by you from the website and which enables you to participate in the Poker Room and any other games available for your use
• Username and Password – The username and password which you choose upon registration with the Poker Room of African Palace Poker
• You – The user of the Poker software as downloaded from the African Palace Poker website
• Us / We / Ours – Rich Rewards Gaming (Pty) Ltd and www.africanpalacepoker.com
• Website – http://www.africanpalacepoker.com and any other related websites accessible via links or any other means of access

Subject Matter of Agreement:

This agreement covers the arrangements between your and us in relation to your use of the Poker Room, either for playing for Real Money or play for fun Poker and other games. The rules of the game are placed in the How to Play Poker section and House Rules section 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 game, event, tournament, all such rules are incorporated and included under the terms and conditions set out herein.

Legal Requirements:

a) You can only use the Poker Room and / or the Website if you are of the legal age to gamble as determined by the law of the country where you live
b) You cannot use the Poker Room and / or the Website if you are under 18 years of age, under any circumstances
c) 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 would be deemed illegal. The availability of the Poker Room and / or the website does not construe an offer or invitation by is to use the Poker Room in any country in which such use is deemed illegal. Use of the Poker Room is considered 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

License to Use Software:

We hereby grant to you a personal, non-exclusive, non-transferable right to use the Software, for playing in the Poker Room, in accordance with the following provisions:

a) You are not permitted to:

• Install or load the Software onto a server of other networked devices or to 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
• 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 and distribute copies of the Software
• Translate, 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
• Enter, access or attempt to enter or access or otherwise bypass the security system or interfere in any way (including but not limited to, 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
• Create more than one account per household and / or computer

b) 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 the accompanying documentation which have been licensed to us are proprietary products of the Software Provider and protected throughout the world by copyright law.
c) The Software is provided “as is” without any warranties, conditions, undertakings or representations, express or implied, statutory or otherwise. We hereby exclude all implied terms, conditions and warranties (including any of merchantability, satisfactory quality and fitness for any particular purpose). We do not warrant that the Software will meet your requirements.
d) 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 the connection with the settlement of accounts or other features or components of the Software neither us not our Software Provider will be liable to you or to any other third party for any costs, expenses, losses or claims arising or 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.
e) You hereby acknowledge that it is not in our control how the Software is used by you. You load and use the Software at your own risk and in no event shall we be liable to you for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from our negligence).
f) The Software may include confidential information which is secret and valuable to us. You are not entitled to use or disclose that confidential information other than strictly in accordance with the terms of this agreement.

Shared Poker Room network:

a) 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 in on the same game or the table or the tournament through a shared Poker Room platform managed by a third party provider of Poker network services.
b) You therefore agree that once you join a shared Poker Room, you will accept and will comply with the rules, terms and conditions that apply to the shared Poker Room, including those of any of its games, tables and tournaments.
c) You acknowledge and agree that we and / or the operator of the shared Poker network, at both of our sole discretion, reserve the right to terminate your game or block your account, as well as deny you access to 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 forth hereunder.
d) You further acknowledge and accept that we and / or the operator of the shared Poker network, reserve the right, at both of our sole discretion, to collect, possess and record in both of our databases any information in connection with your gaming patterns, personal data, depositing of funds and any other related information and inquiries that will assist in the prevention of fraud, collusion or any other similar improper behaviour.

Security:

a) We are a corporation incorporated under the laws of Antigua and Barbuda. We are regulated for the purpose of operating a virtual Poker Room on the Internet under the name www.africanpalacepoker.com, under a license issued by the Government of Curacao, Netherlands Antilles.
b) We only allow access to playing game at our Poker Room through the use of secured networks using encryption of usernames and passwords. You cannot play games at the African Palace Poker Room without first passing through our customer security login.
c) You may not use the Poker Room for any commercial use or on behalf if another person. Any use of the Poker Room by you is for your own private purposes only.
d) You must keep your Username and Password confidential and should not disclose them to anyone. You may not use anyone else’s Username and Password. You shall be responsible for all transactions conducted in relation to your Player Account using your Password. Every person who identifies himself or herself by entering your correct Username and Password is assumed by African Palace Poker to be you and therefore all transaction where the Username and Password have been entered correctly will be regarded as valid.
e) You will not allow any third party to use your Player Account to access 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.
f) It is your responsibility to ensure that you fully understand the rules and procedures of the games in the Poker Room and your use of online gambling in general, before you play such games.
g) We use the best methods available today for the encryption of your Username and Password information, as well as any other sensitive information that is transferred to and from the client application and our servers, this 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 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 African Palace Poker Room and / or have your account blocked and we reserve the right to inform the applicable authorities.
h) Collusion Prevention – Collusion is a situation where two or more players attempt to earn an unfair advantage by sharing knowledge of their cards or any other information at a Poker table, Any player who attempts to or who 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 with immediate effect. We will endeavour to do our best to investigate all complaints received against players suspected of collusion. If we suspect any collusion or suspicious behaviour during a game, we may at our sole discretion, terminate the suspected player/s access to the Poker Room and / or block their accounts. We will not be held liable under any circumstances whatsoever for any loss you or any other player may incur or 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 collusion, fraudulent activities or fraud.
i) We will only use your personal information in accordance with our Privacy Policy, which is laid out in full at http://www.africanpalacepoker.com/privacy.html. We reserve the right to amend the Privacy Policy at any time. However, we reserve the right to ask you to provide us with additional details and any such additional information will be kept confidential. We further reserve the right under certain details to relevant authorities should it be required to do so by law, an arm of the state or a regulatory body. Subject to the provisions of the Privacy Policy, this right to disclose personal information to bodies or authorities whose purpose is to investigate money laundering, fraud and other criminal activities will be to the extent required by law.

Your Responsibilities:

a) 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.
b) You shall not transfer in any way whatsoever your rights under this agreement without our prior written consent.
c) You are fully responsible for all taxed, fees and other costs incidental to and arising from winnings resulting from use of the African Palace Poker Room.
d) It is your responsibility to inform us of any changes to your registration details.
e) You shall provide us with all information requested by us and necessary for the operation of the Player Account, including but not limited to, proof of identity, notarised documentation, proof of address, utility bills, bank details, bank statements and bank references. You shall provide us with any such requested documents immediately upon request and not later than within a reasonable time of response.
f) Payments –

• You agree that we or a payment processing company acting on our behalf will handle all financial transactions (“Payment Processor”). You hereby agree that 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 activities, collusion or any unlawful or improper activity.
• You agree to fully pay any and all payments due to us or any third party in connection with your use of the Poker Room. You further agree not to make any charge-backs and / or renounce or cancel or otherwise reverse any of your due payments and in any such event you will refund and compensate us for such unpaid payments including any expenses incurred by us in the process of collecting your payment.
  You are aware of and agree that the maximum amount that a Player can cash-out when winning in casino or side games within a 30 day period, is $9 990 per month.
• You are aware that all cash bonus credits issued to players are intended for Poker games only, in accordance with the bonus terms. We reserve the right to withhold any amount in excess of the player’s original deposit if the cash bonus is played on casino or side games. Players who receive a cash bonus and play it on casino or side games are entitled to withdraw a maximum of € / $ / £ 100 of casino or side game winnings.
• Please note that we will attempt to accommodate your request regarding the payment method and currency of payment of your withdrawal. However, we cannot guarantee this. We therefore reserve the right to process and pay withdrawals via any payment method chosen by us, including without limitation different payment providers, a bank draft or wire transfer. In addition, we reserve the right to pay the withdrawals in any currency at our discretion.

g) You accept that you are solely responsible for the supply and maintenance of all of the computer and telecommunications networks and internet access services that you need to use in order to access the African Palace Poker Room. We will not be held 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 the Poker Room or the Website.
h) You acknowledge that our random number generator will determine the outcome of the games played in our Poker Room and you accept the outcome of all of these games. You further agree that in the unlikely event of a disagreement between the result that appears on the Software and the game server, the result that appears on the game server will prevail and you acknowledge and agree that our records will be the final authority in determining the terms and circumstances of your participation in the Poker Room games and any other related gaming activity.
i) You will not commit any acts or display any conduct that damages our reputation or our Software Provider or any other related service providers.
j) 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:

• entry, use or re-use of the Website or the Poker Room
• breach of any of the terms of this agreement

k) 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.
l) We reserve the right to change this agreement from time to time as set out in clause 9 below. It is your responsibility to check from time to time and see whether there is a notification of change in accordance with Clause 9 below.

Your Warranties and Responsibilities:

You warrant and represent that:

a) You are not a resident of Afghanistan, Antigua and Barbuda, Bulgaria, China, Cuba, Cyprus, Estonia, Hong Kong, Iran, Iraq, Israel, Kahnawke, Libya, Macau, Netherlands Antilles, Sudan, Syria, and the Philippines, Turkey and / or the United States of America and its territories.
(The above list can be changed by us – we can add or remove any countries as we choose)
b) You are acting on your own behalf
c) You are not restricted by limited legal capacity
d) You are not classified as a compulsive gambler
e) All details which you give or have given in the process of registering with African Palace Online Poker Room are accurate and you will continue to update such details as and when there are any changes
f) You are fully aware of the fact that there is a risk of losing money through the use of the Software to play games in the Poker Room
g) You are not depositing funds that originate from criminal and / or un-authorised activities
h) You are not otherwise conducting criminal activities and / or intending to utilise your Player Account in connection with such activities. You are not using or intending to use or intending to allow any other person to use the Poker Room and your Player Account for any prohibited or unlawful activity, including but not limited to, fraud or money laundering, under any applicable law in particular to your jurisdiction and the laws that apply to us.
i) You are not colluding or attempting to collude or intending to participate, directly or indirectly, in any collusion scheme with any other player/s in the course of any game you play or will play in the African Palace Poker Room.
j) You are not under the age of either:

• eighteen (18)
• the age at which gambling activities are legal under the law of the jurisdiction that applies to you, whichever is greater

k) The debit / credit card details supplied by you in the registration process are those of the registered account holder and the card has not been reported as stolen or lost.
l) You are not one of our officers, directors, employees, consultant or agent or a member of one of our affiliated or subsidiary companies or suppliers or vendors and you are not one of their relatives as well (for the purpose of this clause, the term ‘relative’ shall refer to a spouse, partner, parent, child or sibling). In any event that you have breached this prohibition, among other action that will be taken against you, you will not be entitled to any of your winnings.
m) You have not previously held a Player Account that was suspended or terminated either by us or by any other online gaming operator, charged back any monies via a Player Account or maintain a current Player Account, and
n) In opening the Player Account, you will not provide any information or make any statement to us, which is untrue, false, incorrect or misleading.

Changes to This Agreement or the Privacy Policy:

a) We may, at our sole discretion, make changes to this agreement or to the House Rules or Privacy Policy at any time.
b) 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 if there is a notification of change. You are solely responsible for reading said changes.
c) If you continue to use the Website or the Poker Room after we have updated the changes (regardless of the way we have notified you of such), 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 these relevant changes, you should not continue to use the Website or the Poker Room any further.
d) All of your winnings will be paid in ZAR to your African Palace Poker account. At the time of processing your payment, your winnings will be credited based on the day’s exchange rate as declared by the South African Revenue Service Custom and Excise Division (https://commerce.sars.gov.za/roe/SingleDates.asp). For consistency within African Palace Poker’s advertising and marketing, all jackpots and tournament pots are calculated at a rate of R7 to $1. In the event that the current rate of the Rand / Dollar exchange is higher than the minimum rate used for advertising purposes, the South African Revenue Service rate would be applied.

Reservation of Rights:

a) We reserve, at our sole discretion, the right to:

• Refuse to register any applicant for registration on the Website or the Poker Room
• Refuse to accept any wager in the Poker Room
• Change, suspend, remove, modify or add any game or tournament to the Poker Room

b) We reserve the right to make checks on you, including credit checks, with third party credit and financial institutions, in accordance with the information you have provided us with
c) 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.
d) We may at any time disclose certain personal information of yours to third parties in accordance with our Privacy Policy, which is set out in full at this link.
e) In the event that we suspect fraud or any fraudulent activity on your part of if any of your payments are charged back, we 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.
f) We may at any time without prior notice to you terminate your use of the African Palace Poker Room and block your Player Account if we consider you to be in breach of any of the terms and provisions laid out in 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.
g) We reserve the right, at our sole discretion, to offer and advertise from time tom time promotions, bonuses and / 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, bonuses 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

• Bonuses
• Other promotions
• Specific policy or rules determined in respect of an existing game or a new game

h) We reserve the right to transfer, assign, sub-license or pledge this Agreement, in whole or in part, to any person without notice and you will be deemed to consent to such assignment

Term:

This Agreement is effective from the moment of acceptance by clicking the ‘I Agree’ button and shall remain in force indefinitely unless terminated in accordance with Clause 10.6. 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 to us.

Governing Law:

a) The construction, validity and performance of this Agreement will be governed by the laws of Curacao, Netherlands Antilles. However, this shall not prevent us from bringing any action in the court of any other jurisdiction for injunctive or similar relief. The English version of this Agreement shall prevail over any other language version issued by us.
b) The illegality, invalidity or enforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.

Notices:

a) You agree to receive communications from us in an electronic format. Electronic communications may be posted on pages within the Website and / or the messages / help files of your client application and / or delivered to your email address. All communications in either electronic or paper format will be considered 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
b) Any notices required to be given in writing to us or any questions concerning this Agreement should be addressed to support@africanpalacepoker.com