CLUBS Terms of Use

These Clubs Terms of Use are “Additional Terms” within the meaning of our Terms of Use, and constitute a binding agreement between you, whether personally or on behalf of an entity, and MATCH POKER ONLINE PTY LTD, concerning your access to and use of the format of games on our Services that we provide for the use of Clubs (“Clubs Platform”).

By installing our software or accessing our Services you provide your agreement to these Clubs Terms of Use.

Terms defined in our Terms of Use have the same meaning when used in these Clubs Terms of Use.

In these Club Terms of Use, unless the context otherwise requires, each of the terms “Club”, “Club Administrator” and “Club Member” shall be taken to include not only those items or entities which are designated as such within the Clubs Platform, but shall apply where and to the extent applicable to those corresponding items or entities occurring in the context of any ad hoc Club game organised via invitation facilities within the Clubs Platform.

Your access to the Clubs Platform is subject to payment of applicable fees charged by us.

The Clubs Platform (including the user management software) is offered under the same terms as our other software and Services under our Terms of Use. Accordingly, we make no warranty that the Clubs Platform will be available to be played either at your scheduled times or at all, or that they may be played without interruption or interference. Please refer to our Terms of Use for full limitations and disclaimers governing the availability of our Services, including the Clubs Platform.

The availability of the Clubs Platform may be interrupted by software, server or administrative maintenance.

A user assumes and shall have no obligation to other users by reason of taking on the role of Club Administrator for any Club, including for the smooth functioning and play of the Clubs Platform as scheduled or at all; for smooth management of the Clubs Platform user administration functionalities; or for the accurate recording of Club results, leaderboards, achievements or other metrics.

As between a Club Member and a Club Administrator, a Club Administrator shall have the full and final authority to make decisions to admit, suspend or terminate any user’s membership of a Club managed by that Club Administrator, subject at all times to our own rights in respect of such matters, in which respect our determinations shall prevail.

If you become a Club Administrator, you agree with us that you will:

(a) read and comply with the instructions, rules and guidelines applicable to Clubs as published by us on our website from time to time;

(b) not administer your Club or your activities on the Clubs Platform in any way that brings us or our Services into disrepute or which would be materially detrimental to our interests;

(c) operate your Club responsibly and in good faith;

(d) treat members of your Club fairly and respectfully in your dealings with them;

(e) reasonably liaise with members of your Club to provide them with the first line of technical and administrative assistance in managing Club games in which they participate or seek to participate;

(f) promptly report to us any activity you observe or become aware of in connection with the activities of your Club that you become aware may violate our Terms of Use or may be fraudulent, dishonest, or illegal;

(g) not permit any other user to use our Services under your credentials, and take reasonable steps to protect your credentials from unauthorised use; and

(h) if establishing a Club, submit to us on request a club identity including a name and, where provided for, a club logo, which comply with the limitations on permitted user generated content according to the Terms of Use, with respect to offensiveness (etc), and you acknowledge that we reserve the right in our unlimited discretion not to approve the use of any Club identifying features.

To the extent permitted by law, as Club Administrator, you agree to indemnify us and hold us harmless, together with our officers, employees, and agents from and against any and all third-party claims, demands, and liabilities, including reasonable attorneys fees, resulting from or arising out of your use of the Clubs Platform in any manner that violates our Terms of Use or which is fraudulent, dishonest, or illegal.

You agree that in using our Services in any role as a Club Member, you will:

(a) act responsibly and in good faith;

(b) treat other users fairly and with respect in your dealings with them;

(c) make the Club Administrator your first contact for technical and administrative assistance in relation to the conduct and operation of Club activities;

(d) promptly report to us any activity you observe or become aware of in connection with the activities of your Club that you become aware may violate our Terms of Use or may be fraudulent, dishonest, or illegal;

(e) not suggest your Club has any sponsorship or approval from us; and

(f) not engage in spamming tactics or otherwise harass people in solicitation efforts to increase membership of your Club or have users respond to invitations to join ad hoc Club games.

We make no representation or warranty over the present or future availability of the Clubs Platform or any features of the Clubs Platform. We may modify features of the Clubs Platform at any time without notice.

We reserve the right to impose limits to the numbers of Members that may be in a Club and to revise those limits at any time in the future. We reserve the right to impose limitations on the registration of Clubs, including limitations on the number of Clubs that may be registered, and to refuse to register any particular Club for any reason or for no reason.

We reserve ultimate authority to make determinations in relation to the administration and implementation of the Clubs Platform, and to resolve any disputes between Clubs, and between Club Members and Club Administrators. Our decision in relation to these matters shall be final and shall not be subject of any appeal.

If we believe any user of the Clubs Platform has engaged in any conduct that constitutes a violation of our Terms or Use, or which may be fraudulent or unlawful, we reserve the right to immediately and without notice: (a) suspend or cancel any Clubs game; (b) suspend operation of any Club; (c) close any Club; and (d) suspend or terminate the user account of any user.

Your Match Poker Online username or other user characteristics will be the same allocated to you when you use the Clubs Platform. As a consequence, if you invite users who know your real identity outside of Match Poker Online, to play on the Clubs Platform with you, they may be able to match your Match Poker Online username or identity with your real identity. If you do not agree to this, you must not play on the Clubs Platform.

You agree to accept communications from us such as emails and in-app notifications relating to Club activities relevant to your use of the Clubs Platform or otherwise in order for us to facilitate your use of the Clubs Platform. You may elect to opt-out of these communications.

As a user of our Services, you agree that to the extent permitted by law neither we nor any Club Administrator will have any liability to you in relation to or in connection with:

(a) your admission (or non-admission), suspension from or termination from any Club, for any reason (including for no reason);

(b) the functioning (or non-functioning) of any part of our Services relating to Clubs, and the recording of Club results, leaderboards, achievements of other metrics, whether accurately or at all; or

(c) the conduct of Club games and the conduct of other users on the Clubs Platform, and their observance or not of our Terms of Use, and our monitoring and enforcement of them (including any failure or refusal to monitor them).

These Clubs Terms of Use are effective from: 10 March 2024