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ConcordarTERMS OF SERVICE
This Terms of Service (the “Terms of Service") should be read by you in its entirety prior to your use of Aceking IOM Limited’s (“AceKing”) services or products. Please note that the Terms of Service constitutes a legally binding agreement between you and AceKing.
www.kkpoker.net (the “Site”) is operated by AceKing, a company incorporated in the Isle of Man with company number 017019V, with its registered office at 49 Victoria Street, Douglas, Isle of Man, IM1 2LD. AceKing is licensed and regulated by the Isle of Man Gambling Supervision Commission (licence issued on 24th July 2019).
The Terms of Service together with the Privacy Policy, Responsible Gaming Policy, Player Account Safety Policy, Deposit and Withdrawal Policy,Transfer Policy, Real Money Transaction Processing and Currency Conversion Policy, Game Rules, KKPoker Affiliate Marketing Programme Terms and Conditions, General Terms and Conditions for KKPoker Promotions and any other additional rules and policies published on KKPoker (as defined below), the Site and notified to you by e-mail and/or other means that specifically relate to and govern any particular event, game, software, promotion or tournament constitute a legally binding agreement between you and AceKing (together the “User Agreement”).
Please note that the Terms of Service shall prevail in the event of any conflict between the Terms of Service and any other documents referred to in the Terms of Service.
For the purposes of the Terms of Service, the definition of "KKPoker" means the real-money gaming application owned and operated by AceKing. KKPoker allows you to use AceKing’s online gambling services (the “Services”).
1. Applicability of the User Agreement
1.1 By registering an account at KKPoker and using KKPoker, you accept to be bound by the User Agreement as may be updated or modified by AceKing from time to time in accordance with the provisions below and therein.
1.2 You agree to comply with the User Agreement, and you acknowledge that your failure to comply with the User Agreement may result in disqualification, closure of your KKPoker account, forfeiture of funds and/or legal action(s) against you, as appropriate and as further specified in the User Agreement.
1.3 If you do not agree to any of the provisions of the Terms of Service or the User Agreement you should immediately stop using KKPoker or accessing the Site.
2. Account Registration
2.1 To use the Services, you will first need to register for an account at KKPoker (the “KKPoker Account”).
2.2 You can open a KKPoker Account by choosing a unique user name (“Username”) and a unique and secret password (“Password”) and entering other information that AceKing asks for such as (but not limited to) your first and last name, address, e-mail, gender, birth date and telephone number for the purpose of Know Your Customer procedure. The Username and Password together being referred to as the “Login Credentials”. You shall ensure that the details provided at registration and thereafter are accurate and kept up to date. Further details can be found at the Privacy Policy and Player Account Safety Policy.
2.3 AceKing retains authority over the issuing, maintenance, and closing of your KKPoker Account. The decision of AceKing’s management, in regards to any aspect of your KKPoker Account, use of the Services, or dispute resolution, is final and shall not be open to review or appeal.
2.4 AceKing may at its absolute discretion decline to register an account at any time and for any reason.
3. True Identity and One Account
3.1 The name registered on your KKPoker Account must be your true legal name and identity. The name registered on your KKPoker Account must also match the name on the credit card(s) or other payment accounts used to deposit or withdraw money from your KKPoker Account.
3.2 You may not hold more than one (1) KKPoker Account in connection with your use of the Services. If KKPoker reasonably believes that you have opened multiple KKPoker Accounts, or that you operate multiple KKPoker Accounts, whether in your own name or under different name(s), AceKing reserves the right to close your KKPoker Account(s). Should AceKing has reasonable grounds to believe that multiple KKPoker Accounts have been opened with the intention to defraud AceKing, AceKing reserves the right to cancel any transaction related to said fraud attempt and any funds in those KKPoker Accounts will be forfeited.
3.3 You must provide full and truthful information in respect of all details and information provided by you to AceKing and you are obligated to update such details in the event of any changes thereto. If necessary in connection with the management and operation of your KKPoker Account AceKing may contact you by e-mail, telephone, text message or letter via the contact details you provide to AceKing.
4. Legality of the Use of the Services
4.1 Subject to satisfactory completion of KKPoker Account registration process and acceptance of the Terms of Service, KKPoker is licensed to you by AceKing for your private personal use. You agree and acknowledge that the Services are not for use by individuals (i) under 18 years of age, (ii) under the legal age of majority in their jurisdictions or (iii) connecting to the Site and/or KKPoker from jurisdictions from which it is illegal to do so. AceKing is not able to verify the legality of the Services in each jurisdiction and it is your responsibility to ensure that your use of the Services is lawful.
4.2 AceKing reserves the right at any time to request from you evidence of age in order to ensure that minors are not using the Services. AceKing further reserves the right to suspend or cancel your KKPoker Account and exclude you, temporarily or permanently, from using the Services if satisfactory proof of age is not provided or if AceKing suspects that you are underage.
4.3 In order to verify your identity, age, physical address and/or source of funds and meet AceKing’s regulatory obligations, AceKing reserves the right to request satisfactory proof of your identity by providing your personal details and/or documentation (such as a copy of your passport, identity card, proof of address or payment method details, etc.) from time to time. Please see the Privacy Policy for more information on how AceKing uses such personal data. Failure to supply such documentation in a timely fashion may result in suspension of the Services and ultimately the closure of your KKPoker Account.
5. Account Security and Closure
5.1 Each KKPoker Account shall be accessible through the use of a combination of a unique Login Credentials.
5.2 You agree that you are solely responsible for all use of the Services under your Login Credentials and that you shall not disclose the Login Credentials to any person whatsoever nor permit another person to use the Services via your KKPoker Account.
5.3 You are obliged to keep your Login Credentials secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be the sole responsibility of you and be deemed as your use. Any liability therefrom shall be that of you.
5.4 If you are using a debit/credit card or a e-wallet, the cardholder's name on such debit/credit card or the account holder name of such e-wallet must be the same as your KKPoker Account holder name. Where this is not the case AceKing reserves the right to suspend your KKPoker account.
5.5 AceKing reserves the right to run credit and/or identity checks on you, with third party credit reference agencies or services, using the information provided to us by you on registration with the Services in accordance with the terms of the Privacy Policy. The third party credit reference agencies or services may retain a record of the information but they will not use the information for any other purpose.
5.6 You acknowledge and agree that if your KKPoker Account is “active” (i.e. you have logged into your KKPoker Account at any time during the prior 12-month consecutive period), monies deposited by you in your KKPoker Account are held in a trust account on your behalf. In the event that your KKPoker Account is “inactive” (i.e. you have not logged into your KKPoker Account for a consecutive 12-month period) and where your KKPoker Account still has a balance, AceKing shall be entitled to charge you an administrative fee of US$10 per month during the period that your KKPoker Account remains inactive and set off such charges against funds in your KKPoker Account up to the extent of your KKPoker Account balance. All the administrative fees collected will be used to run the occasional freeroll on KKPoker. A notification email will be sent thirty (30) days prior to the day when your account becomes “inactive.”
5.7 AceKing reserves the right to close your KKPoker Account for any reason whatsoever at any time without notice to you. Subject to AceKing’s security reviews, any balance standing to the credit of your KKPoker Account at the time of the closure will be credited to your credit card/bank account registered with your KKPoker Account unless such credit is prohibited by applicable law or regulation.
5.8 You are strictly prohibited from utilising the Services to facilitate any type of illegal money transfer system. You will not use the Services for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under the laws of any jurisdiction that apply to you. It is unlawful to deposit, or attempt to deposit, funds obtained from criminal, illegal or fraudulent activities in your KKPoker Account.
5.9 If AceKing has a suspicion that you may be engaging in or have engaged in fraudulent, unlawful or improper activities, including, without limitation, money laundering activities, or conduct otherwise in violation of the Terms of Service, your access to the Services will be terminated immediately and/or your KKPoker Account will be blocked. If your KKPoker Account is terminated or blocked in such circumstances, AceKing is under no obligation to refund to you any funds that may be standing to the credit of your KKPoker Account at such time. In addition AceKing shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with AceKing to investigate any such activity.
5.10 AceKing is required to monitor all unusual or suspicious transactions of any size and to report suspicious transactions and fraudulent activities to the police or relevant authorities.
6. Prohibited Uses
6.1 Software Modifications
You may not attempt to modify, decompile, reverse-engineer or disassemble KKPoker in any way.
6.2 Personal Use
The Services are intended solely for your personal use. You are only allowed to wager for your personal entertainment. Under no circumstances shall you be permitted to use your real money account with AceKing for any purpose other than for using the Services.
6.3 Real Money Transactions Processing
AceKing will make reasonable efforts to ensure that transfers in and out of your KKPoker account are processed in a timely manner. AceKing gives no warranties regarding the amount of time needed to complete processing. You also acknowledge and agree that it is your responsibility to ensure you know who the other intended recipients are before you transfer any real money to other KKPoker account holders.
AceKing cannot be held responsible for delays in the banking networks, failures on part of the processor or actions of other parties involved in the processing of funds that may result in processing delays, reprocessing or reversal of transactions or the seizure or freezing of funds, nor will AceKing be liable for any actual or consequential damages arising from any claim of delay or seizure.
AceKing will not be liable for any actual or consequential damages arising from any claim of delay or loss as a result of invalid, incomplete or erroneous financial or personal data provided by you with your transfer request.
As part of AceKing’s licensing agreement and in compliance with anti-money laundering legislation, you need to be aware you may be required to produce personal documentation (such as identity card, bank statements and utility bills) upon request in order for their transfer to be processed. This allows AceKing to help protect you and prevent AceKing being used as a vehicle for money laundering or fraud.
In addition to the Real Money Transaction Processing and Currency Conversion, the following terms and conditions also apply to the real money transactions you conduct in KKPoker:
(a) AceKing reserves the right to decline any account transfer requests or to overturn any account transfer upon suspicion of breach of any of the terms of the Terms of Service by the sender or receiver;
(b) you agree that you may only make an account transfer in KKPoker to enable a receiving KKPoker Account holder to use the Services and not for any other purpose;
(c) you agree that you may only use the funds from an account transfer in KKPoker to use the Services and not for any other purpose;
(d) you agree to and accept the terms and conditions in Real Money Transaction Processing and Currency Conversion.
6.4 Collusion
Collusion between KKPoker Account holders by sharing poker hole cards or by any other methods is strictly forbidden. AceKing reserves the right, in addition to other measures, to restrict seating and/or to prohibit KKPoker Account holders from playing at a particular poker table or in a tournament, including restricting two or more KKPoker Account Holders from playing together at the same table or in the same tournament. In addition, AceKing reserves the right to consider any collusion or attempt at collusion between KKPoker Account holders as a material breach of the Terms of Service and accordingly AceKing shall have the right to terminate your KKPoker Account if you engage or attempt to engage in any such activity, regardless of the outcome of such attempt. In such circumstances, AceKing will be under no obligation to refund to you any monies that may be in your KKPoker Account at such time.
6.5 External Player Assistance Tools
AceKing prohibits external player assistance tools ("EPA Tools") that are designed to provide an "unfair advantage" to players. AceKing defines "EPA Tools" as computer software, and non-software-based systems (e.g. web sites, subscription services and physical materials). AceKing takes a broad view of what constitutes an "unfair advantage" in the context of any use of EPA Tools. For the avoidance of doubt, what is prohibited encompasses but is not limited to accessing or compiling information on other KKPoker Account holders beyond that which you have personally observed through your own game play or receiving advice, direction or assistance on how to play, in real time, that goes beyond a basic level.
You agree that AceKing may take reasonable steps to detect and prevent the use of prohibited EPA Tools. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps. If you engage or attempt to engage in using EPA Tools, regardless of the outcome of such attempt, AceKing reserves the right to permanently ban your KKPoker Account from using the Services and your KKPoker Account may be terminated immediately. In such circumstances, AceKing will be under no obligation to refund to you any monies that may be in your KKPoker Account at such time.
6.6 Automatic Players
The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Services. All actions taken in relation to the Services by you must be executed personally by you through the user interface accessible by use of KKPoker, and without the assistance of any form of artificial intelligence. Any KKPoker Account Holder who uses or attempts to use artificial intelligence may be permanently banned from using the Services and their KKPoker Accounts may be terminated immediately. In such circumstances, AceKing reserves the right to seize and/or confiscate any funds within your KKPoker Account at such time.
6.7 Chip-Dumping
Chip-dumping occurs when any KKPoker Account holders intentionally loses a poker hand in order to deliberately transfer his/her chips to another KKPoker Account holder. Any KKPoker Account Holder who participates or attempts to participate in chip-dumping with any other KKPoker Account Holder, including being the recipient of funds, while using the Services, may be permanently banned from using the Services and their KKPoker Accounts may be terminated immediately. In such circumstances, AceKing will be under no obligation to refund to you any monies that may be in your KKPoker Account at such time.
6.8 Fraudulent Behaviour
In the event that AceKing deems that you have engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Services, including without limitation, engaging in any of the activities set forth in this Clause 6 or any other game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback or money laundering, AceKing shall be entitled to take such action as it sees fit, including, but not limited to:
(a) immediately blocking your access to the Services;
(b) terminating your KKPoker Account;
(c) seizing and/or confiscating the funds within your KKPoker Account;
(d) disclosing such information (including your identity) to financial institutions, relevant authorities and/or any person or entity that has the legal right to such information; and/or
(e) taking legal action against you.
6.9 No Arbitrage
You are strictly prohibited from utilising the Site, KKPoker and the Services to facilitate arbitrage through currency exchange transactions. Where AceKing deems that you have deliberately used the aforementioned systems for financial gain through arbitrage, any gains will be forfeited and deducted from the balance standing to the credit of your KKPoker account without warning or notification.
6.10 Prohibited Jurisdictions
AceKing prohibits persons located in (including temporary visitors) or residents of certain jurisdictions (including jurisdictions where persons are required to play according to the regulations in such jurisdiction, using the appropriately designated, licensed game client) from making deposits into their KKPoker Accounts or engage in the Services (the "Prohibited Jurisdictions"). Such persons may cash out their existing account balances. For the avoidance of doubt, the foregoing restrictions on engaging in real-money play from Prohibited Jurisdictions apply equally to residents and citizens of other nations while located in a Prohibited Jurisdiction.
Any attempt to circumvent the restrictions on play by any persons located in a Prohibited Jurisdiction, is a breach of the Terms of Service. An attempt at circumvention includes, but is not limited to, manipulating the information used by AceKing to identify your location and providing AceKing with false or misleading information regarding your location or place of residence. Any such attempt will entitle AceKing to take such steps as AceKing deems appropriate including, without limitation, seizing and/or confiscating the funds in your KKPoker Account.
6.11 Illegal Wagering
AceKing does not bear liability for any breach by you of the applicable laws of your country of residence (including temporary residence) by engaging in the Services. If AceKing, on reasonable evidence, identifies you as engaging in the Services illegally, AceKing will declare any money wagered or used to engage in the Services and winnings made or received therein void.
6.12 Concurrent Logins
AceKing strictly prohibits a KKPoker Account holder to be logged in to more than one KKPoker Account within the same player pool (i.e. at the same poker table or in the same tournament) at the same time, whether any play activity occurs on any such KKPoker Account or not. AceKing shall have the right to terminate your KKPoker Account and may confiscate funds held in your KKPoker Account if you engage or attempt to engage in any such activity, regardless of the outcome of such attempt.
7. Intellectual Property
7.1 Subject to satisfactory completion of KKPoker Account registration process and acceptance of the Terms of Service AceKing grants you a limited, limited, non-exclusive, non-transferable, non-sublicensable, revocable right to install and use KKPoker and all content derived from KKPoker, including, but not limited to, the copyright and all other intellectual property rights therein, in connection with the Services in accordance with the User Agreement.
7.2 AceKing is the sole holder of all rights in KKPoker and KKPoker’s code, structure and organisation, including copyright, trade secrets, intellectual property and other rights. You may not, within the limits prescribed by applicable laws:
(a) copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate KKPoker or make any attempt to access the source code to create derivate works of the source code of KKPoker, or otherwise;
(b) sell, assign, sublicense, transfer, distribute or KKPoker;
(c) make KKPoker available to any third party through a computer network or otherwise;
(d) export KKPoker to any country (whether by physical or electronic means); or
(e) use KKPoker in a manner prohibited by applicable laws or regulations,
(each of the above is an "Unauthorised Use").
7.3 AceKing reserves any and all rights implied or otherwise, which are not expressly granted to you hereunder and retain all rights, title and interest in and to KKPoker.
7.4 You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorised Use. You shall notify AceKing immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide AceKing with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.
7.5 The terms “KKPoker”, the domain names “www.kkpoker.net” and any other trade marks, service marks, signs, trade names and/or domain names used by AceKing on the Site and/or KKPoker from time to time (the "Trade Marks"), are the trade marks, service marks, signs, trade names and/or domain names of AceKing, and AceKing reserves all rights to such Trade Marks. In addition, all content on the Site and KKPoker, including, but not limited to, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Content") belongs to AceKing and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Services and the Site you obtain no rights in the Content and/or the Trade Marks, or any part thereof. Under no circumstances may you use the Content and/or the Trade Marks without AceKing’s prior written consent.
7.6 Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by AceKing in KKPoker, the Trade Marks or the Content nor will you do anything that damages the image or reputation of AceKing and its employees, directors, officers and consultants.
7.7 You warrant that any names or images used by you in connection with the Site, KKPoker or Services (for example, your KKPoker Account user name and avatar) shall not infringe the intellectual property, privacy or other rights of any third party. You hereby grant AceKing a worldwide, irrevocable, transferable, royalty free, sublicensable license to use such names and images for any purpose connected with the Site, KKPoker or Services, subject to the terms of the Privacy Policy.
8. Payment Services Providers
8.1 AceKing reserves the right to use third party payment service providers and/or financial institutions (collectively, the “PSPs”) to process payments made by and to you in connection with your use of the Services. In agreeing to the Terms of Service you also expressly agree to AceKing providing any of your personal information necessary to process the transaction, including where necessary passing information outside of your country or residence.
8.2 You irrevocably authorise AceKing, as necessarily, to instruct such PSPs to handle your deposits and withdrawals from your KKPoker Account and you agree that AceKing may give such instructions on your behalf in accordance with your requests as submitted using the relevant feature(s) on KKPoker.
8.3 You agree to be bound by the terms and conditions of use of each applicable PSP. In the event of conflict between the User Agreement and the PSP’s terms and conditions the User Agreement shall prevail.
9. Deposit and Withdrawal Policy
9.1 The policy and criteria for you to effect a deposit to and/or a withdrawal from your KKPoker account are set out in the Deposit and Withdrawal Policy. AceKing reserves the right to use additional eligibility criteria to determine the deposit and/or withdrawal options you may be offered at any given time.
9.2 Updating or adding additional payment details may only be done by e-mailing AceKing at info@kkpoker.net. It is your responsibility to make yourself aware of the terms upon which your payments are accepted. You are solely responsible to keep yourself informed of any changes.
9.3 You are fully responsible for paying all monies owed to AceKing. You agree not to make any chargebacks, and/or deny or reverse any payment made by you in respect of the Services. You will reimburse AceKing for any chargebacks, denial or reversal of payments you make and any loss suffered by AceKing as a consequence.
10. No Warranties
10.1 AceKing disclaims any and all warranties, expressed or implied, in connection with the Services which are provided to you "AS IS" and AceKing provides you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
10.2 Regardless of AceKing’s efforts to provide you with service of the highest quality, safety and security, AceKing makes no warranty that the Services will be uninterrupted, timely or error-free, that defects will be corrected or that KKPoker and the Site shall be free from viruses, bugs or other contaminants.
10.3 AceKing reserves the right to suspend, discontinue, modify, remove or add to the Services in its absolute discretion with immediate effect and without an obligation to provide you with notice where AceKing considers it necessary to do so, including but not limited to where AceKing receives information that you have entered into any self-exclusion agreement with any gambling provider or where AceKing deems it necessary for the management, maintenance or update of KKPoker and AceKing shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by AceKing in this regard.
11. Your Representations and Warranties
11.1 Prior to your use of the Services and on an ongoing basis you represent, warrant, covenant and agree that:
(a) your KKPoker Account is solely for your own benefit. You shall not allow any third party to use your KKPoker Account to access or use KKPoker or Services and you shall be fully responsible for any activities undertaken on your KKPoker Account by a third party;
(b) there is a risk of losing money when using the Services and that AceKing has no responsibility to you for any such loss;
(c) AceKing is not a financial institution and no interests will accrue on monies deposited with AceKing;
(d) your use of the Services is at your sole option, discretion and risk;
(e) you are solely responsible for any applicable taxes which may be payable on cash or prizes awarded to you through your use of the Services;
(f) AceKing does not provide advice to you regarding tax and/or legal matters. If you wish to obtain advice regarding tax and legal matters you are advised to contact appropriate advisors and/or authorities in the jurisdiction in which you are domiciled and/or resident;
(g) the telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of AceKing and AceKing shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same;
(h) you are aged 18 or over and that you are not currently self-excluded from any online or mobile gambling site and that you will inform AceKing immediately if you enter into a self-exclusion agreement with any gambling provider. The policy and procedure for a KKPoker Account holder to effect a period of self-exclusion are set out in the Responsible Gaming Policy on the Site;
(i) you have provided true and accurate person information including but not limited to information concerning your physical address and identity;
(j) you are not currently on any list of persons that would prohibit AceKing from engaging in business or other dealings, or otherwise offering the Services to you;
(k) you are not prohibited due to your geographic location or otherwise from receiving Services and/or funds from AceKing; and
(l) if you are identified as such a person as detailed in clause 11.1(j) or 11.1(k), AceKing may immediately terminate your KKPoker Account and all access to any of the Services.
12. Offensive Language or Content
12.1 You are prohibited form posting any unlawful, indecent, racist, obscene, libelous, defamatory or threatening material or any material that would violate any law or generally be considered to be offensive, via the Services.
13. Breach
13.1 Without prejudice to any other rights, if you breach in whole or in part any provision contained herein, including, without limitation, if any of the following occurs:
(a) you have more than one KKPoker Account;
(b) the holder name of your KKPoker Account does not match the account holder name of the credit card or e-wallet used to make deposits in that account;
(c) you provide incorrect or misleading information to AceKing when registering for the Services;
(d) you become subject to restrictions that prohibit AceKing from dealing with you or performing any financial services for you;
(e) you are not of legal age to use the Services;
(f) you reside in a jurisdiction where using the Services is prohibited by law;
(g) you have allowed or permitted (intentionally or unintentionally) someone else to play using your KKPoker Account;
(h) you have made chargebacks, and/or denied or reversed any payment made by you in respect of the Services;
(i) you have cheated when using the Services including having breached any provision of Clause 6;
(j) you use the Site, the Services or your KKPoker Account in bad faith; or
(k) you breach Clause 12 by making statements that are sexually explicit or offensive in the chat facility, including expressions of bigotry, racism, hatred or profanity,
AceKing reserves the right, in its unfettered discretion, to take such action as it sees fit, including terminating the Terms of Service or any other agreement in place with you, immediately blocking your access to the Services or to any other service offered by AceKing, terminating your KKPoker Account, seizing or quarantining all monies held in the your KKPoker Account and/or taking legal action against you.
13.2 You agree to fully indemnify, defend and hold harmless AceKing and its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
(a) your breach of the Terms of Service, in whole or in part;
(b) violation by you of any law or any third party rights; and
(c) use by you of the Services or use by any other person accessing the Services using your Login Credentials, whether or not with your authorization.
14. Limitation of Liability
14.1 Under no circumstances, including negligence, shall AceKing be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Services even if AceKing had prior knowledge of the possibility of such damages.
14.2 Nothing in this Agreement shall exclude or limit AceKing’s liability for: (a) death or personal injury resulting from its negligence; or (b) fraud or fraudulent misrepresentation.
15. Force Majeure
15.1 AceKing shall not be liable for any failure that is as a result of an act of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, government sanction, blockage, embargo , labour dispute, strike, lockout or interruption or failure of electricity, internet or telephone service.
16. Offers and Promotions
16.1 All promotions are limited to one per person. If AceKing has reasonable grounds to suspect that a bonus or offer is being claimed by or for the benefit of the same person more than once or by a group of people then AceKing may withdraw the availability of any offer or all offers to that user or group of users and/or void any bet funded by the bonus or offer and remove any winnings from such bet.
16.2 Where any terms of AceKing’s offer or promotion is breached by you, AceKing may reclaim any value provided to you or void any outstanding bet(s). In addition, where there is evidence of such activity, AceKing may levy an administration charge on you up to the value of the offer or promotion to cover any administrative costs incurred in identifying and action against the activity.
16.3 AceKing may reclaim any value awarded by an offer or promotion that has been awarded in error. If AceKing credits funds to your KKPoker Account in error, those funds are not available for use and AceKing will void any transactions involving such funds. AceKing reserves the right to, at any time, withdraw the relevant amount from your KKPoker Account and/or reserve the transaction.
16.4 AceKing may, at any time, make minor amendments to the terms and conditions of any offer or promotion to correct any human errors or to improve on clarity or customer experience and, for legal or regulatory reasons, may cancel any offer or promotion.
17. Affiliate Marketing Programme
17.1 AceKing may offer, withdraw, revoke and/or amend the terms of KKPoker Affiliate Marketing Programme Terms and Conditions at any time. For the avoidance of doubt, invitation of KKPoker Affiliate Marketing Programme Terms and Conditions is at AceKing’s sole discretion and your status as an affiliate of KKPoker Affiliate Marketing Programme Terms and Conditions may be altered by AceKing at any time.
18. Disputes
18.1 You accept that the historical data of each game shall be as recorded on AceKing’s servers. In the event of a discrepancy between the result displayed on KKPoker (as installed and operates by your device) conflicts with the records on AceKing’s servers the latter shall prevail.
18.2 You understand and agree that (without prejudice to your other rights and remedies) AceKing’s records shall be the final authority in determining the terms of your use of the Services and you shall have no right to dispute AceKing’s decisions in regard to such matters.
18.3 In the event that you wish to complain or raise a query with customer support, you may send an e-mail to info@kkpoker.net.If you are dissatisfied with AceKing's response and have exhausted all avenues with AceKing, you may contact the Isle of Man Gambling Supervision Commission by completing their complaints form which can be found at https://www.gov.im/categories/business-and-industries/gambling-and-e-gaming/iom-gambling-supervision-commission-complaints-form/.
19. Amendment
19.1 AceKing may update or modify the terms of the Terms of Service or any part thereof from time to time. AceKing will notify you of any material changes to be introduced to the Terms of Service on the Site or via other means before such changes come into effect, and you will be required to expressly accept such changes in order to continue using the Services and the changes will apply immediately following your express acceptance. AceKing encourages you to visit the Site regularly and check the provisions in the version of the Terms of Service in force at such time.
20. Governing Law
20.1 The Terms of Service and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the Isle of Man. You irrevocably agree that, subject as provided below, the courts of the Isle of Man shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Terms of Service and any matter arising therefrom and irrevocably waive any right that you may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of AceKing to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
21. Severability
21.1 If a provision of the Terms of Service is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
22. Assignment
22.1 AceKing reserves the right to assign the Terms of Service, in whole or in part, at any time without notice. You may not assign any of your rights or obligations under the Terms of Service.
23. No Waiver and No Third-Party Rights
23.1 No waiver by AceKing of any breach of any provision of the Terms of Service (including the failure of AceKing to require strict and literal performance of or compliance with any provision of the Terms of Service) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of the Terms of Service.
23.2 Nothing in the Terms of Service shall create or confer any rights or other benefits in favour of any third parties not party to the Terms of Service.
23.3 Nothing in the Terms of Service shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and AceKing.
24. Entire Agreement
24.1 The Terms of Service constitutes the entire understanding and agreement between you and AceKing regarding the Services and supersedes any prior agreement, understanding, or arrangement between you and AceKing.
25. Language
25.1 The English language version of the Terms of Service shall be the prevailing version in the event of any discrepancy between any translated versions of the Terms of Service.
Last Updated: August, 2024