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Terms of use – Website

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

dto.poker are sites operated by DTOPOKER LTD (“we” / “us”). We are registered in Scotland under company number SC614656 and have our registered office at 101 Rose Street South Lane, Edinburgh, United Kingdom, EH2 3JG. Our VAT number is GB 324329517.
Our sites do not operate as gambling websites. However gambling can be addictive, please play responsibly. For further information please see: https://www.begambleaware.org.
To contact us, please email info@dtopoker.com.

By using our sites you accept these terms

By using either or both of our sites, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our sites.
We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

Our Privacy Policy also applies to your use of our sites. See further under How we may use your personal information.
If you purchase products or subscribe to digital content (apps) from our sites, our terms and conditions will apply. Our products, apps or digital content are not available to persons under 18 and require verification of age. 

We may make changes to these terms

We may amend these terms from time to time. Every time you wish to use either one of our sites, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on August 29, 2019.

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We may make changes to our sites

We may update and change our sites from time to time to reflect changes to our products, our users’ needs and our business priorities or to comply with relevant legislation. We will try to give you reasonable notice of any major changes.
We may suspend or withdraw our site

Our sites are made available free of charge.

We do not guarantee that our sites, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our sites are only for users in the United Kingdom

Our sites are directed to people residing in the United Kingdom. We do not represent that content available on or through our sites is appropriate for use or available in other locations.

How you may use material on our sites

We are the owner or the licensee of all intellectual property rights in our sites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our sites for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our sites must always be acknowledged.
You must not use any part of the content on our sites for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of either of our sites in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on our sites

The content on our sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites.
Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether express or implied, that the content on either one of our sites is accurate, complete or up to date.

We are not responsible for websites we link to

Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any digital content or products to you, which will be set out in our terms and conditions.

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If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our sites or any content on it.

  • We will not be liable to you for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our sites; or

  • use of or reliance on any content displayed on our sites.

  • In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;

  • business interruption;

  • loss of anticipated savings;

  • loss of business opportunity, goodwill or reputation; or

  • any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only provide our sites for domestic and private use. You agree not to use our sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  • If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. This paragraph does not apply to digital content which may be obtained from our sites which are subject to separate terms and conditions.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy https://www.dto.poker/privacy .

We are not responsible for viruses and you must not introduce them

We do not guarantee that our sites will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our sites. You should use your own virus protection software.
You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our sites are stored or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites will cease immediately.

Rules about linking to our sites

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our sites in any website that is not owned by you.
Our sites must not be framed on any other site, nor may you create a link to any part of our sites other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our sites other than that set out above, please contact info@dtopoker.com.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Scots law. You and we both agree that the courts of Scotland will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England or Wales, you may also bring proceedings in England or Wales.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the courts of Scotland.

Our trade marks

We own the intellectual property rights and goodwill in our trade marks. You are not permitted to use them without our approval.

TERMS OF USE – DTO POKER TRAINER APP

  1. THESE TERMS AND INFORMATION ABOUT US

    1. We are DTO Poker Ltd, a company registered in Scotland.  Our company number is SC614656 and our registered office is at 101 Rose Street South Lane, Edinburgh, United Kingdom, EH2 3JG. Our registered VAT number is GB 324329517.
    2. These are the terms and conditions on which we supply the DTO POKER TRAINER (“the app”).  Please read these terms carefully before you install the app and/or subscribe for any paid-for content.
    3. You can contact us by writing to us at info@dto.poker or to 101 Rose Street South Lane, Edinburgh, United Kingdom, EH2 3JG.
    4. If we have to contact you, we will do so by writing to you at the email address you provided to us.
    5. Use of the words “writing” or “written” in these terms includes emails.
    6. Your rights under these terms depend on whether you are a business or consumer.  Provisions specific to consumers only are in yellow and those specific to businesses only are in red.
    7. These terms constitute the entire agreement between us in relation to the app. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.

  2. OUR APP AND SUBCRIPTIONS

    1. You may install the app on your device from a number of app stores and our websites. A contract will come into existence between you and us when you install the app.  On installation, you confirm that you have the permission to install and use the app on the relevant device.
    2. You must be 18 years or over to install and use the app. By installing the app you confirm that you are 18 or over. 
    3. The app is available to install in countries that allow simulated gambling only. If you are unsure about your local legislation please make sure to seek professional advice.
    4. Installation and use of the app is subject to minimum system and other technical requirements advised to you at the time of installation and/or subscription.
    5. You may subscribe to paid-for content to be provided though the app.  We offer monthly, semi-annual and annual subscriptions.  When we refer to the app in these terms that includes any paid-for content.
    6. Paid-for subscriptions renew automatically after the initial subscription term and each renewed subscription term unless you cancel according to the terms of the App Store or Play Store.
    7. All intellectual property rights in the app throughout the world belong to us (or our licensors) and the rights in the app are licensed (not sold) to you.  You have no intellectual property rights in, or to, the app other than the right to use it in accordance with these terms. 

  3. RULES FOR USE OF THE APP

    1. The app is intended for personal and non-commercial use. The app is provided for your enjoyment and recreation only and it is not intended to amount to advice/instruction on which you should rely.   
    2. You may not: 
      1. except to the extent permitted under applicable laws, disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the app nor attempt to do any such things;
      2. license, sell, publish, rent, translate, merge, adapt, vary, alter or modify, the whole or any part of the app nor permit the app or any part of it to be combined with, or become incorporated in, any other programs; or
      3. share your login details with any other person.

  4. PRICE AND PAYMENT

    1. The subscription charges (which include VAT) are indicated at the time of subscription. 
    2. We accept payment methods indicated at the time of subscription. You must pay the subscription charges immediately both at the start of your subscription and upon each renewal (if relevant).
    3. We may increase the subscription charges and we will notify you of any increases in advance. Any increase will take effect in respect of the subscription term following our notification. If you disagree with the increase you may cancel your subscription in accordance with clauses 2.6 or 7.5. 
    4. You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

  5. CHANGES TO THE APP OR THESE TERMS

    1. Any screenshots / in-play footage of the app are for illustrative purposes only.
    2. We may make changes to these terms.  If we do so, we will notify you.  If you choose not to accept such changes, then you may contact us to cancel your subscription before the changes take effect and/or you may uninstall the app and end the contract as set out in clause 7.1.
    3. We may implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the app.
    4. We may update or require you to update the app, provided that the app shall always match the description that we provided to you before you installed the app or subscribed to any paid-for content.

  6. PROVISION OF THE APP

    1. If the app is unavailable due to an event outside our control then we will let you know of this either by posting a notification on the login screen or by e-mail.  We will also let you know the steps we will take to minimise the effect of the unavailability.  Provided we do this we will not be liable for unavailability caused by the event, but if there is a risk of extended unavailability you may contact us to cancel your subscription and/or you may uninstall the app and end the contract as set out in clause 7.1.
    2. You confirm that any information you provide when you install and use the app is correct and you agree to keep it that way.  If you give us incorrect or misleading information, we may either refuse to provide the app to you or end the contract (and clause 9.1.2 will apply).  We will not be responsible for not providing the app if this is caused by you providing us incorrect or misleading information.
    3. We may have to suspend the app to:
      1. deal with technical problems or make minor technical changes;
      2. update the app to reflect changes in relevant laws and regulatory requirements; or
      3. update the app as notified by us to you (see clause 5).
    4. We will contact you in advance to tell you we will be suspending the app, unless the problem is urgent or an emergency.  If we have to suspend the app for longer than 24 hours in any seven day period we will extend your subscription term by the period of suspension at no cost to you.  If we suspend the app, or tell you we are going to suspend it, in each case for a period of more than four days you may contact us to cancel your subscription and/or you may uninstall the app and end the contract as set out in clause 7.1.

  7. YOUR RIGHTS TO END THE CONTRACT AND CANCEL YOUR SUBSCRIPTION

    1. If you have installed the app but do not have a valid subscription for paid-for content, you may uninstall the app from your device at any time and the contract between us comes to an end upon uninstallation.
    2. When you cancel your subscription, the contract between us will remain in force in respect of the installed app and any free content until you uninstall the app from your device in accordance with clause 7.1.
    3. You may end the contract and/or cancel your subscription for any of the reasons set out at clauses 6.3.1 to 6.3.4 below.  If you do so, the contract will end / your subscription will be cancelled immediately and we will refund you any subscription charges you have paid in advance on a pro-rata basis in respect of the period after you cancel your subscription (in the case of paid-for subscriptions) and you may also be entitled to compensation.  The reasons are:
      1. we have told you about an upcoming change to these terms which you do not agree to (see clause 5.2);
      2. there is a risk of extended unavailability because of events outside our control (see clause 6.1);
      3. we have suspended the app, or notify you we are going to suspend the app, in each case for a period of more than 24 hours (see clauses 6.3 and 6.4); or
      4. you have a legal right to end the contract or cancel your subscription because of something we have done wrong.
    4. When you initially subscribe to paid-for content you do not have the right to change your mind if you have given your express consent that we provide the paid-for content to you immediately and acknowledged that, as result of this you lose the right to change your mind. 
    5. You have the right to change your mind after each renewal of your subscription. You may change your mind during a 14-day cooling off period which commences from the start of any renewed subscription period and we will refund you any subscription charges you have paid in advance on a pro-rata basis in respect of the period after you cancel your subscription. 
    6. Nothing in these terms will affect your legal rights as a consumer.  If you are a consumer we are under a legal duty to ensure that the app and the subscriptions are in conformity with this contract.  If the app is faulty or misdescribed, you may have a legal right to end the contract or to get some or all of your money back (in the case of paid-for subscriptions).

  8. ENDING THE CONTRACT AND YOUR SUBSCRIPTION

    1. To end the contract, if you have installed the app but do not have a valid subscription for paid-for content and no longer wish to use any free content, you should uninstall the app from your device.
    2. To cancel your subscription (but not the contract between us which will continue in force in respect of the installed app and any free content), please let us know by one of the following methods.  In all cases please provide your name, your user name and email address:
      1. email us at info@dto.poker.
      2. contact us through any of our social media channels listed onwww.dto.poker
    3. If you are entitled to a refund under these terms we will refund you by the method you used for payment.  However, we may make deductions from the refund, as described in these terms.
    4. We will make any refunds due to you as soon as possible and in any case no later than 14 days from when a refund becomes payable. 

  9. OUR RIGHTS TO END THE CONTRACT AND/OR CANCEL YOUR SUBSCRIPTION

    1. We may end the contract (and/or cancel your subscription if relevant) at any time by writing to you if you:
      1. do not pay the subscription charges on the due date;
      2. provide us with information that is incorrect or misleading; or
      3. breach the rules in clause 3. 
    2. We may write to you to let you know that we are going to stop providing the app.  We will let you know at least 90 days  in advance of our stopping the provision of the app and will refund any subscription charges you have paid in advance on a pro-rata basis in respect of the period after which we do not provide the app.

  10. YOUR RIGHTS IN RESPECT OF DEFECTS IF YOU ARE A BUSINESS

    1. We undertake that the app shall conform in all material respects with the description provided at the time of installation of the app and the paid-for content shall conform in all material respects with the description provided at the time of you subscribing to the paid-for content.
    2. The undertaking at clause 10.1 shall not apply (a) to the extent any non-conformance is caused by use of the app contrary to our instructions, or (b) to the extent any non-conformance is caused by alteration of the app by any party other than us or (c) where you make any further use of the app after notifying us of any non-conformance under clause 10.1. If the app and/or paid-for content do not conform with the foregoing undertaking, we will, at our expense, use commercially reasonable endeavours to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes your sole and exclusive remedy for any breach of the undertaking set out in clause 10.1.  Notwithstanding the foregoing, we:
      1. do not warrant that your use of the app will be uninterrupted or error-free; or that the app and/or the information obtained by you through the app will meet your requirements; and
      2. are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the app may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
    3. Except as provided in this clause 10, we shall have no liability to you in respect of any failure to comply with the undertaking set out in clause 10.1.
    4. These terms shall apply to any corrections supplied by us under clause 10.2.

  11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER 

    1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.  This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the app.
    3. If the app we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
    4. We only supply the app to you for domestic and private use.  If you use the app for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 12.

  12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

    1. Nothing in these terms will:
      1. limit or exclude our liability for death or personal injury resulting from our negligence; or
      2. limit or exclude our liability for fraud or fraudulent misrepresentation; or
      3. limit our liability in any way that is not permitted under applicable law; or
      4. exclude our liability that may not be excluded under applicable law.
    2. Subject to clause 12.1:
      1. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded;
      2. we shall not be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
      3. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall be limited to the subscription charges paid by you to us in the year immediately preceding the event giving rise to a claim.

  13. HOW WE MAY USE YOUR PERSONAL INFORMATION

         We will only use your personal information as set out in our privacy policies.

  14. OTHER IMPORTANT TERMS

    1. We may transfer our rights and obligations under these terms to another organisation.  We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.  We may not agree if we do not receive information we reasonably require in respect of your assignee.
    3. This contract is between you and us.  No other person shall have any rights to enforce any of its terms.  Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    4. If a court finds part of this contract illegal, the rest will continue in force.  If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms.
    5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    6. These terms are governed by Scots law and you can bring legal proceedings in respect of the app in the Scottish courts.  If you live in England or Wales you can bring legal proceedings in respect of the app in the Scottish, the English or the Welsh courts.  If you live in Northern Ireland you can bring legal proceedings in respect of the app in either the Northern Irish or the Scottish courts.
    7. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Scotland and the Scottish courts shall have exclusive jurisdiction to settle any such dispute or claim.