TERMS OF SERVICE - LETSPOKER APP
LetsPoker is provided by LETSPOKER SOLUTIONS S.R.L., a limited liability company, incorporated and functioning according to Romanian laws, having its registered office in Romania, Bucharest, registered with Bucharest Trade Registry under no. J40/16280/2019, Sole Identification Code 41959783 (“Company” or “we” or “us”).
LetsPoker is a Software as a Service (SaaS) application and online platform, and holds a Class II Licence no. L2193410Y001167/01.01.2020 granted by the Romanian National Gambling Office.
LetsPoker is accessible through an application for mobile devices (the “App”); LetsPoker also refers to the website https://lets.poker/ (“Site”). LetsPoker also offers an online platform dedicated to Poker Clubs (as defined below) for business management purposes. The App and the Site are collectively referred to as “LetsPoker” or the “Service”, and each concept shall be construed depending on the context.
The Service provides online intermediation services for both poker clubs published in the App (“Poker Clubs”) and App users who are registered in the App (“you” or “Users”).
Users may become poker players if they attend poker games in Poker Clubs’ specialized premises (“Poker Players”). The aim of LetsPoker is to facilitate the initiation of direct transactions between Poker Clubs and Users/Poker Players, also offering social media features for Users/Poker Players and Poker Clubs.
The Site is widely accessible, whilst certain sections of the App are publicly available for App visitors (“Site Visitors” and “App Visitors”). However, the entire range of App functionalities may be used by Users.
For the avoidance of any doubt, LetsPoker addresses solely traditional gambling organized by Poker Clubs that takes place exclusively between participants in specialized premises, and any remote/online gambling is excluded from the scope of LetsPoker.
These Terms of Service represent the contract between the Company and you – please refer to the Terms of Service below depending on your specific situation, i.e. App Visitor, Site Visitor, User, Poker Player.
By ticking the box related to these Terms of Service before using the Service, you agree that you have read, understood, and agree to be bound by these Terms of Service.
1. USE OF LETSPOKER
In order to use the Service as a User and to benefit from the entire range of App functionalities, you must create an account in the App (“User Account”).
1.1. No Service Fees
Users may use the Service on a free basis.
1.2. Users’ Representations and Warranties
During the entire period of use of the Service, you warrant and represent that the information you provide to us is accurate and that you will keep it up-to-date at all times.
You agree that you are solely responsible for maintaining the confidentiality of your User Account, and you acknowledge that you bear sole responsibility for all activities carried out or occurred under your User Account. LetsPoker does not investigate any content provided by Users and Poker Clubs, and you are solely responsible for any legal action that may be filed by other Users or Poker Clubs or third parties as a result of or in connection with your content.
You agree not to request or allow another person to create a User Account on your behalf, for your use, or for your benefit, except that a legally empowered representative may create such an account on your behalf. By granting other users’ permissions under your User Account, you represent and warrant that: (a) the user is authorized to act on your behalf; and (b) you are fully responsible and liable for the user’s acts and omissions. If any such user violates the Terms of Service and/or the applicable law, it may affect your ability to use the Service.
By agreeing to these Terms of Service, you further acknowledge, represent and warrant towards us:
a) you are at least 18 (eighteen) years old and you can execute legally binding contracts on your own account, according to the applicable law related, but not being limited to gambling attendance;
b) that your use of the Service is in compliance with any and all applicable legislation, including but not being limited to gambling legislation, intellectual property laws.
1.3. Use of Service
When you register for a User Account, you will be asked to provide your first name and e-mail address. Optionally, you may also provide your last name, display name, phone number, profile photo, preferred language. In order to sign up, an authentication code composed of six figures will be sent to you at the e-mail address provided. After the User Account is verified and created, you will have access to Poker Clubs’ content, such as tournaments, festivals, cash games, contact details. You could also liaise with Poker Clubs in order to communicate, to preregister with the Poker Clubs for gambling attendance at the physical premises of Poker Clubs, to order from the bar/restaurant within the physical premises of Poker Clubs, to follow Poker Clubs to keep up to date with news, and to be notified depending on your settings within the App.
You may set the visibility of your name inserted in the App within a tournament organized by a Poker Club. Based on your phone number, your data within the App will be correlated with your data managed by Poker Clubs within the online platform dedicated to Poker Clubs.
The App provides social features, and you may interact with and follow other Users.
2. CONTRACTUAL RELATIONSHIP BETWEEN LETSPOKER, USERS AND POKER CLUBS
2.1. LETSPOKER AS A PROVIDER OF ONLINE INTERMEDIATION SERVICES AND INDEPENDENT INTERMEDIARY
LetsPoker is a provider of online intermediation services, which facilitates the interaction between Users/Poker Players and Poker Clubs. LetsPoker is an independent intermediary making available the online Service for Users and Poker Clubs to communicate and transact directly with each other in the offline environment. Users and Poker Clubs are solely responsible for evaluating and determining the suitability of any potential transaction. If any transaction is concluded through LetsPoker (offline), the latter is not a party to the respective contract.
Users are solely responsible for, including but without limitation to the following: (a) ensuring the accuracy and legality of the User Account content; (b) determining the suitability of Poker Clubs/other Users for any agreement whatsoever; (c) negotiating, agreeing to, executing and performing any terms of contract.
As a User/Poker Player, you acknowledge that LetsPoker does not, in any way, supervise, direct, control, or evaluate Poker Clubs and is not responsible for any of their content or activity. Poker Clubs are solely responsible regarding compliance with any and all legal provisions related to, including but without being limited to, gambling laws, personal data laws, consumer protection and competition legislation in connection to their activities and Users/Poker Players.
2.2. CONTRACTUAL RELATIONSHIP BETWEEN INTERMEDIATED PARTIES
In case a transaction is intended to be executed or executed between Users/Poker Players and Poker Clubs, the respective agreement is a contractual relationship directly between the signatory parties.
They have complete discretion both with regard to whether to enter into a contract with each other and with regard to the terms of any such contract. You acknowledge, agree, and understand that LetsPoker is not a party to any contract between Users/Poker Players and Poker Clubs.
3. INTELLECTUAL PROPERTY
Intellectual property rights refer to any and all trademarks, copyright, patents, designs, inventions, discoveries, industrial models, utility models, commercial names, domain names, rights over databases, any other intellectual property rights, irrespective of whether these are registered or not, that are displayed on Service, and which may belong to LetsPoker or to third-parties. These may not be used in any manner, or for any purpose, without LetsPoker’s express prior written consent. All other trademarks and registered trademarks are the property of their respective owners.
Subject to the express prior written consent of LetsPoker or of the relevant third-party, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without prior written authorization or in any way exploit the Service or any part thereof.
LetsPoker hereby grants you a non-exclusive, non-transferable, limited license to use the Service solely in order to benefit from the Service as described in these Terms of Service and/or other relevant agreements, in any territory. Except for the license expressly granted by and to you under these Terms of Service, no other rights or licenses, are granted or shall be deemed to be granted under these Terms of Service, either expressly, or by implication. All rights not expressly granted by LetsPoker in these Terms of Service are expressly reserved.
You are solely responsible for your use of the Service, and you agree to defend and indemnify LetsPoker and its directors, managers, shareholders, employees, contractors, consultants, affiliates, service providers, business partners, subsidiaries and empowered representatives from and against any claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
a) Your violation of any of these Terms of Service, any representation, warranty, or agreement referenced in these Terms of Service, or any applicable law;
b) Your violation of any third-party right, including any intellectual property right or confidentiality right; or
c) Any dispute or issue between you and any third party, including any User/Poker Player or Poker Club.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, your use of the Service is at your sole risk. The service is provided “as is” and “as available” without warranties of any kind either express or implied. All representations and warranties, whether express or implied, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed by LetsPoker to the maximum extent permitted by applicable law. LetsPoker makes no representation or warranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service. To the full extent permitted by applicable law, LetsPoker does not represent or warrant that the use of the Service will be secure, timely, uninterrupted or error-free or will operate in combination with any other hardware, software, system or data; that the Service or any services obtained by you through the Service will meet your requirements or expectations; or that the Service or the server(s) that make the Service available are free of viruses or other harmful components.
Service may be subject to limitations, delays, and other issues inherent in the use of the Internet and electronic communications, and LetsPoker is not responsible for any delays, delivery failures, or other damage resulting from such issues. In no event shall LetsPoker be liable for any indirect damages.
The Service connects Users/Poker Players and Poker Clubs for commercial purposes, and LetsPoker will not assess the suitability, legality or ability of any such Users/Poker Players and Poker Clubs and you expressly waive and release LetsPoker from any and all liability, claims or damages arising from or in any way related to the aforementioned. LetsPoker will not assess the quality, or legality of the gambling related services you intend to benefit from nor will substitute your legal compliance, and you expressly waive and release LetsPoker from any and all liability, claims or damages arising from or in any way related thereto. LetsPoker will not be a party to disputes or negotiations of disputes, between you and any Users or Poker Players or Poker Clubs or third parties. Responsibility for the decisions you make regarding the use of Service with all their implications rests solely with you. In addition, we will not assess the suitability, legality or ability of any third parties and you expressly waive and release LetsPoker from any and all liability, claims, causes of action, or damages arising from your use of the Service, or in any way related to the third parties you connect with through the Service.
The quality of the services intermediated through the use of the Service is entirely the responsibility of the Poker Clubs who ultimately provides the respective services to you.
6. FORCE MAJEURE
Force majeure exonerates you or LetsPoker, if notified in writing within 5 (five) days from its occurrence, to the extent the party invoking a case of force majeure is unable to perform its obligations. In the event that the case of force majeure does not cease within 15 (fifteen) days from the date on which it occurred, the parties shall discuss and establish the conditions for the subsequent performance or termination of the contractual relationship.
If the circumstances of the case of force majeure last for more than 6 (six) months, each of the parties has the right to terminate the contractual relationship, notifying the other party in this respect.
Force majeure means all forces of nature, war (declared or undeclared), invasion, revolution, insurrection, strikes, pandemic, telecommunications or Internet failures, legal requirements or restrictions imposed, and any factors beyond the control of the parties.
7. NOTICES AND COMMUNICATION
LetsPoker may use the following means of communication with you: e-mail to the e-mail address listed on your User Account and through the App. It is your obligation to update your account information so that we may contact you as may be necessary.
You may give notice to LetsPoker to the following e-mail address: [a se insera].
Unless otherwise agreed between you and LetsPoker, you may not assign or transfer these Terms of Service or your rights under these Terms of Service, in whole or in part, without our prior written consent. We may assign these Terms of Service in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this clause shall be null and void.
9. DURATION AND TERMINATION
These Terms of Service are in full force and effect for an undetermined period of time, until terminated by you or by LetsPoker as described herein below.
Users may unilaterally decide to close their User Account within the App anytime with no justification whatsoever.
LetsPoker may decide to close a User’s Account, and it shall inform the respective User, at the latest at the time of the closing the User Account, of the decision and provide a clear and specific statement of reasons for that decision. LetsPoker may decide to close a User’s Account based on the following grounds, including but not being limited to: (a) using the Service to perform any illegal or inappropriate activity, such as fraud, data breaches, infringing any gambling legislation; (b) posting illicit or inappropriate content on the Service; (c) infringing these Terms of Service; (d) breaching any relevant legal provisions.
After the contract between us terminates, the provisions of these Terms of Service that expressly or by their nature contemplate performance after such termination will survive and continue in full force and effect (for instance, intellectual property rights). Without limiting any other provisions of these Terms of Service, the termination of our contractual relationship for any reason will not release you from any obligations incurred prior to such termination.
10. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service are governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Disputes between LetsPoker and Users shall be amicably settled. In case you have a complaint/claim, you should communicate a notice to us including a brief description of the respective complaint/claim, contact information, and LetsPoker will evaluate and attempt to amicably resolve the complaint/claim within a maximum 30 (thirty) days’ time period.
To the maximum extent permissible by relevant laws, if the parties cannot settle the dispute within 30 (thirty) days as of its occurrence, the interested party can submit a file with the competent Romanian court of law.
LetsPoker is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between Users, Users and Poker Clubs and/or other third party.
If any provision of these Terms of Service shall be found to be illegal or otherwise unenforceable, this finding shall not invalidate or render unenforceable the whole of these Terms of Service. Rather, the remainder of the Terms of Service shall remain in full force and effect, and the respective provision shall be deemed modified to the extent necessary to render such provision or the rest of the Terms of Service enforceable. The rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest extent permissible the parties’ intent set forth in the original Terms of Service.
12. ENTIRE AGREEMENT
These Terms of Service set forth the entire agreement and understanding between you and LetsPoker relating to the subject matter hereof and cancels and supersedes any prior discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof. This clause is without prejudice to any separate agreements or contracts between you and us regarding other subject matters, or whenever any agreements make reference to these Terms of Service. As applicable, these Terms of Service shall be supplemented by information published on the Service from time to time and by relevant legal provisions.
13. AMENDMENTS TO TERMS OF SERVICE
LetsPoker reserves the right to update or modify the Terms of Service at any time without prior notice, whenever required by mandatory legal provisions, and such changes will be effective immediately upon being published through the Service.
LetsPoker shall notify via e-mail the Users of any other proposed changes of these Terms of Service, with the observance of at least 15 (fifteen) days’ notice term. The User shall have the right to terminate this contract with LetsPoker before the expiry of the notice period.
Ticking the box regarding your acceptance of the changed Terms of Service following any such change constitutes your agreement to be bound by the modified Terms of Service.
Updated on: 01 November 2021