1. General

1.1 The Smart Gaming Group is a company registered in England and Wales with a company number of 584 9825, and whose registered offices are situated at 14-16 Regent Street, London, SW1Y 4PH. All reference in these terms to "we" and "us" are references to the Smart Gaming Group.

1.2 All references in these Terms to our "service" is a reference to the Smart Live Poker Service.

1.3 These Terms govern the relationship between you and us and incorporate the terms upon which you place bets using our service. Please read these Terms carefully and ensure that you fully understand them before agreeing to be bound by them.

1.4 We may: (1) revise these Terms and Customer Agreement and (2) change the service at any time. Any such revision or change will be effective immediately on its posting on the Website, or by notification to you via email or by post and you agree to check for revisions and changes on each occasion you use the service and/or show. Use by you of the service at any time following such posting or notification shall constitute your acceptance of such revisions or changes.

1.5 Any calls between you and Smart Live Poker (or Smart Live Poker and you) may be recorded for monitoring and regulatory purposes.

2. The Games

2.1 By playing our games you agree to be bound by these Terms and Conditions.

2.2 Poker is offered under the terms of our UK Bookmakers license.

2.3 To play on our Poker product, you must first register a new account and make a deposit using a debit or credit card.

2a. RNG Poker

2.1 Smart Live Poker is powered by OnGame Network Ltd., Suite 611, Europort, Gibraltar.

2.1.1 Players must be over 18, and must live in a country where online gambling is legal. No bets will be accepted from players who do not meet the preceding criteria, and any instances where an ineligible player makes a bet we will void all bets, refund all deposits and withhold any winnings for that player.

2.1.2 Employees of the company operating the Poker product, OnGame Network Ltd. (the "Company"), its licensees, distributors, wholesalers, subsidiaries or other agencies, retailers and members of the immediate families of each are not eligible to participate in the Poker product.

2.1.3 The Poker product is offered under our UK remote gaming license issued.

2.1.4 The rules pertaining specifically to the Poker are in addition, not as an alternate to Smart Live Casino's Terms and Conditions.

2.1.5 Bets can only be made on the Poker product via the website, we will accept no phone bets for this product.

2.1.6 Bets will be considered as having been placed when they are confirmed by the game server.

3. Registration

3.1 In order to use our Service, users are required to complete the User Registration process. By completing the process you will authorise us to maintain an account registered in your name ("Smart Live Poker Account"). On confirmation of your registration by us, you will become a registered user of Smart Live Poker ("Registered User").

3.2 Among other details, you will be asked to choose a Screen Name and PIN when performing the User Registration process. You must keep your PIN confidential, as all entries made using your PIN will be treated as valid and as having been made by you.

3.3 You are not permitted to become a Registered User or to use our Service if you are under 18 years of age or acting on behalf of a person under 18 years of age.

3.4 When registering you must provide us with a Screen name (which will be same as your Username) that will be displayed on screen when you bet. Your screen name may not be considered obscene or offensive. Once the player name is confirmed then it cannot be changed. However, we reserve the right to change your player name if we deem it unfit for broadcasting purposes.

3.5 When registering, you must provide us with a phone number from which you will place your bets. Only one player may be registered in relation to any one phone number. You must ensure that other parties do not gain unauthorised access to your telephone, if they do so they will be able to place bets using the credit on your account. Any bets placed from your nominated telephone will be treated as if they have been placed by you. You will be eligible to receive any winnings and also liable for any losses. You may not withhold your caller ID from your registered phone number if you wish to participate in our games. In the event that we discover an invalid phone number registered to an account, then that account will be immediately closed by our Fraud Team.

3.6 Please note that it is your responsibility to comply with your own national laws applicable to the use of our Service.

3.7 We reserve the right at our own absolute discretion, to:

3.7.1 Refuse to accept you as a registered user. And
3.7.2 Suspend and/or terminate your registration as a registered user and shall not be obliged to provide you with reasons for doing so.

3.8 By registering, you also verify you do NOT already have a Smart Live Poker account, as you may only hold one account. Duplicate registrations are NOT permitted. In the event that we have reason to suspect that a person has made duplicate registrations, all registrations by that person will be cancelled, and all bonuses and winnings on the duplicate account will be voided.

4. Player Commitment

4.1 Under-age gambling is an offence and you must be 18 years old or over in order to register and play in the Poker. Any transactions with persons under the age of 18 years will be void.

4.2 No players will be accepted under any circumstances that are resident in the United States. No bets will be accepted from players who do not meet the preceding criteria, and any instances where an ineligible player makes a bet we will void all bets, refund all deposits and withhold any winnings for that player.

4.3 You are responsible for making sure that you are not registering and/or playing our games in any jurisdiction in which gambling is unlawful.

4.4 We may ask for proof of age and evidence to verify your identity and place of residence at any time. We may use any lawful and reasonable channels and methods available to us to carry out checks of any details provided to us. If, after registration, We become aware that you are under 18 years of age, We shall close your account with immediate effect, and return to you all deposits made.

4.5 We reserve the right to refuse your registration for a betting account, based on any checks we run on your user details.

4.6 You promise that all details in the registration form submitted by you to us are accurate and true. If the details you provide are not accurate and true, we may refuse your registration or suspend or terminate your account and you could be subject to criminal or civil prosecution. The service is not available to employees, agents (including advertising agencies and promotional companies), successors and assignees of the Smart Gaming Group, their families, household members or their agents, licensors or contractors.

4.7 You will only use the service for sour own personal and private entertainment and not for any commercial or business purpose, including bookmaking.

4.8 You promise that the source of funds used by you for betting on our Poker product is legal.

5. Your Smart Live Poker Account

5.1 When registering you must make a minimum deposit of £5. The maximum single deposit is £1,000 (if you would like to deposit more than this amount, please call Customer Services on 0800 279 851 0).

5.2 As part of our Know Your Customer (KYC) Policy we may ask players who have deposited for photographic identification, proof of residence and a copy of the front and back of your card prior to any withdrawal being released.

5.3 Credit card deposits are limited to a maximum of £10,000 in any calendar month. There is no limit on deposits made by debit card, bank transfers or postal orders.

5.4 You can make a deposit using a debit or credit card including Visa, Visa Delta (Debit), MasterCard, Switch, Maestro Visa Electron and Solo. We do not accept American Express. Please note that the card must be in your name (the registered player name). If using a Switch, Maestro, Visa Electron or Solo Card then you will be required to verify your age within 72 hours of opening the account. Failure to satisfy us that you are over 18 will see the account suspended (including any deposited funds) until we are satisfied. If you make a deposit using a Mastercard, then you will be required to provide proof of ID as laid out in section 5.2.

5.5 If you close your Smart Live Poker account, you will be entitled to the return of the current available balance, which will be forwarded to you in accordance with the terms for the withdrawal of funds specified in Clause 5.9.

5.6 Smart Live Poker reserves the right to authorise or delay your deposit at any point following your transaction. Although the funds will appear immediately in your Smart Live Poker account, in some instances, they may only be transferred from your bank at a later date. Smart Live Poker is not responsible for any delays regarding the actual deposit date for any subsequent charges levied by your bank.

5.7 You can top up your account by calling our number and selecting the appropriate option to reach our call centre. You will need your player nickname and your card details to hand. Please note that the card must be in the name of the registered player.

5.8 You may change your address or phone number but such changes will be subject to review and you will need to provide supporting evidence.

5.9 You may withdraw your money at any time. Money withdrawn will always be returned to the source of the funds where possible. If this is not possible, then a cheque will be written out in the name of the account holder ONLY and sent to the registered address. You can request a bank transfer if you are already a verified customer of Smart Live. Anyone requiring a cheque payment will need to be verified and have provided Smart Live Poker with KYC information as detailed in section 5.2.

5.10 We use URU's (part of the GB Group) authentication service to authenticate all users requesting withdrawals. It is Industry Standard, and offers a robust solution for age verification and identity verification of UK citizens, providing customers with peace of mind.

6. Purchasing Poker Cards

6.1 To purchase a Poker cards you must have sufficient credit in your account. If you do not have sufficient credit to cover your bet then your purchase will not be made.

6.2 Your bet will not be accepted unless the game is in the required state to accept your bet.

6.3 Unless otherwise stated by the nature of a game, the minimum stake is $0.01. By placing this, or any, bet You fully accept that the random number generator software (RNG), will determine the outcome of the Poker games. Our RNG software is of the highest standard, and is regularly checked to ensure that it is both reliable and accurate.

7. Disclaimer and Limitation of Liabilities

7.1 Smart Live Poker accepts no responsibility, and shall not be liable for any consequences that are alleged to have occurred through your misuse of our service.

7.2 Smart Live Poker shall not be held liable for any consequences that are alleged to have occurred through your use of our service where the circumstances that caused such consequences were beyond our control.

7.3 The Smart Live Poker service is provided without any express warranties or guarantees unless specifically stated, and, to the extent permitted by any applicable law, without any implied warranties or guarantees.

7.4 Smart Live Poker accepts no liability for bets made resulting from the disclosure of your personal 4 digit PIN number, your 6 digit security number and/or your password to any other person, whether such disclosure is made negligently or otherwise. You must keep your Smart Live Poker security codes confidential, as all bets made using the provided security PIN number, security number and/or your password will be treated as valid and as having been made by you.

7.5 Notwithstanding any of the other clauses in these terms and conditions Smart Live Poker in its absolute discretion reserves the right to make persons, their households, their entry phone numbers ineligible to make further entries to Smart Live Poker Games and to close their accounts where applicable.

7.6 In the event of any dispute regarding the Games, the decision of Smart Live Poker shall be binding and no further correspondence or discussion shall be entered into.

7.7 Employees of Smart Live Poker, their families and anyone connected with Smart Live Poker or the Competition, or those ineligible to enter under other clauses in these terms, may not place bets on the Smart Live Poker Service and are not entitled to gain financially from the placing of bets.

7.8 Smart Live Poker may disqualify your winnings if it has reasonable grounds to suspect that you may be in breach of these terms and conditions and/or your participation in the games may be fraudulent or otherwise unlawful.

7.9 Smart Live Poker is not liable for any technical failure in relation to the Internet site or any other technical infrastructure that results in your bet not being placed. In such circumstances your stake will be returned and no win or loss will be considered. Also in the event that your bet is placed but there is failure in relation to the game outcome, or a technical failure that prevents us from declaring a game outcome, or there is an invalid game outcome, then there are 2 possible options:

• i) We will carry forward your bet until a valid game outcome can be declared, or
• ii) we will return your stake to you. No winnings or losses will be accrued unless there is a valid game outcome.

7.10 The user should check their Account balance each time they access any of our Games. In the event of any errors, it is the Player's responsibility to notify Smart Live Poker at the earliest possible opportunity. Similarly, if Smart Live Poker becomes aware of any errors on your account then we will take the appropriate steps to rectify this error. This includes, but is not limited to, overpayments, underpayments, errors due to manual input or any other technical issue.

8. Governing Law and Disputes

8.1 These Terms and Conditions shall be governed by and conveyed in accordance with the laws of England and Wales, unless you live in Scotland, in which case it will be governed by Scottish law, and subject to the jurisdiction of the courts of England and Wales (or Scotland).

8.2 If you have any complaints about the service, please contact our Customer Services Team on 0800 279 8510 or by post to: Smart Gaming Group, 14-16 Regent Street, London, SW1Y 4PH. If, at any time, during the complaints process you are unhappy with how your complaint is being dealt with, you can make request your compliant is forward to a 3rd party.

9. Copyright and Trademark

9.1 All of the material on our Service, including the text, graphics, photographs, pictures, sounds, data, images, audio and video clips ("the Material") are the exclusive property of the Smart Gaming Group and/or the companies or individuals who supply us with the Material. The Material, including compilation, selection, presentation, and arrangement thereof, is protected by national laws and international agreements on copyright, moral rights and other intellectual property rights. You may only use the material for your personal information, and reproduce extracts of the material for strictly personal purposes, without prejudice to the copyright in works featured in the material. Any other form of use (including in particular, reproduction, translation, alteration, modification, distribution, transmission, re-publication, display, broadcast or public representation of the material) is strictly forbidden.

9.2 The Smart Live Poker name and logo, and any other graphics, logos and trademarks used on our Service are protected by the laws and international agreements on intellectual property. Our trademarks must not be used in association with the products or services of a third party or in a manner which could, either directly or indirectly defame or discredit us or a third party. All other trademarks and trade names appearing on our service (including names of products belonging to third parties) remain entirely the intellectual property of their respective owners.

10. Privacy Policy

10.1 We are committed to protecting your privacy. As required by the UK Data Protection Acts 1984 and 1998 we follow strict procedures in the storage and disclosure of the personal information you give us in your User Registration Form in order to prevent unauthorised access.

10.2 We will use the information about you for the following purposes:

10.2.1 The provision of our services to you , to administer our records, to ensure that the service which we offer you continues to be the most appropriate service for your needs, to respond to any query that you may raise with us and to update our systems.

10.2.2 Marketing and promotions. We will from time to time keep you informed about the services and products which we offer, and send you promotional material.

10.3 We may provide aggregate statistics about our service, customers, traffic patterns, and related service information to reputable third parties, but these statistics would not contain personally identifying information.

10.4 We will not hold information about you which is excessive in respect of the purposes for which it is held.

10.5 By becoming a registered user of our service you consent to the use of your personal information for the purposes and in the manner set out in the "Personal Information" section of the Security and Privacy page [link to: Security and Privacy page].

10.6 We reserve the right to pass on User information to the relevant authorities as we deem appropriate if we become aware or suspect that you are involved in any illegal activities. For legal reasons, We are not obliged to inform you of the same, nor to give any reasons for doing so.

11. Chat Rules

11.1 When using the chat function on the Poker site You are implicitly agreeing to strictly abide by our chat rules.

11.2 You must not impersonate, harass, slander, or abuse any other person in chat. You may not use vulgar language, nor make racial, sexual or ethnic comments of any kind whatsoever.

11.3 No person under the age of 18 is entitled to enter the chat room.

11.4 Players are not be allowed to participate in chat games in more than one room at once.

11.5 You must not solicit any other players with requests for money, whether for yourself, or for companies, websites or charitable causes.

11.6 Smart Live Poker bears no liability to players for any activity occurring in the Chat Room which may cause any player to suffer loss, damage or distress of any kind.

11.7 We reserve the right to publish players' usernames, winnings and chat messages across any media platform at our discretion.

11.8 We reserve the right to suspend, restrict or terminate your access to the Service at any time without notice at our discretion where you are or we suspect that you may be in breach of these Terms. We reserve the right to edit or delete any and all chat messages which we consider to be in breach of these Terms.

12. Promotions

12.1 In order to become a registered user and use our service you must complete our user registration process, and so provide us with certain personal information about your yourself such as name, address, date of birth, telephone number, credit card number, credit card registered address, expiry date, start date and issue number.

12.2 In the event that a customer self excludes, suspends or disables their account before the promotion period ends or the prize is awarded, then they are not able to receive any prizes or bonuses they may have ordinarily been entitled to. The bonus or prize will then be awarded to the next qualifying player automatically.

12.3 Smartlivepoker.com is operated by Smart Gaming Group and powered by Ongame Network Ltd, which has a network license issued by the Gibraltar Government

Other policies

MAP - MULTI ACCOUNT POLICY

Ongame Network allows players to register accounts with multiple Network Operators, but has the policy that an individual may only register and play for an individual tournament or cash game from one of these accounts.

Any player who plays in a tournament from multiple player accounts will be in violation of this Multi Account Policy (MAP) and suffer the following consequences:

• They will be disqualified from a tournament in-progress if the violation is detected in realtime.
• All money in all their player accounts with Ongame Network operators will be confiscated, and the accounts closed.
• They will be permanently banned from playing on Ongame Network. When these banned players are caught, their money will be confiscated and their account closed.

At Ongame Network’s discretion, tournament pay-outs (the distribution of tournament prize monies to winners) can be held for up to 14 days if an investigation is required (though we will try to conclude all investigations within 72 hours). Investigations are predicated on automatic processes and manual checks conducted by separate support and security teams both during and after tournaments.

Where an investigation determines there is or has been a violation of the MAP, all accounts suspected of being involved may be frozen for the duration of the investigation. This means that players will not be able to log-in or play, and they will not be able to withdraw or transfer funds. We recognize that this will be an inconvenience and we regret that this may affect innocent players.

Where an investigation requires that tournament pay-outs be held pending distribution to winners, Ongame Network will endeavour to communicate this to all players involved shortly after the tournament concludes.

Ongame Network has the policy of not sharing the results of its investigations. However, where appropriate, both the results and actions being taken will be made available to players through Ongame Network Operators’ websites. If prizes need to be redistributed, this information will be provided directly to players.

Ongame Network recognizes that it is critically important to provide safe gaming for all our players, and to ensure that our card room is fair. We go to great lengths to eliminate all unfair advantages and are removing the potential advantage provided by using multiple accounts to register for a tournament

We also want to be clear that cheating of any kind will absolutely not be tolerated.

PROHIBITED PROGRAM POLICY

Background and purpose

We recognize that people want to become better poker players so they can improve their performance at our tables. There are a number of techniques that can be used to achieve this goal. In our opinion, not all of the existent tools are consistent with "fair play". The purpose of this policy is to separate acceptable techniques of performance improvement from techniques that are prohibited on Smart Live Poker.

First of all, we would like to emphasize that education and experience are the strongest ways to develop a more successful game. We encourage this, and recommend worthwhile books for players interested in improving.

We also recognize that numerous software tools are available which promise to help players improve their game performance. After consultation with many of our players, including professional poker players and top poker industry experts, we have decided to clearly separate these programs into two categories:

• software tools that provide a fair advantage to a player and are allowed; and
• software tools that provide an unfair advantage to a player and are prohibited.

We both warn and promise players that we have a strict policy towards the use of prohibited programs. While there is a zero-tolerance policy in effect towards "poker bot" usage, collusion and other forms of cheating, we may allow players to continue playing if they stop using a prohibited program.

We want to keep our games fair for everyone and will take necessary steps to ensure this. For this reason, we reserve the right to change this policy at any time.

Poker Bots

We believe that players who use automated "poker bot" programs to make decisions or take actions on their behalf in games are cheating. All players must be comfortable and secure that they are technologically equal in our card room. To ensure this, we have banned the use of these programs.

To be clear, players are prohibited from operating these programs or allowing these programs to operate while logged into their accounts. This prohibition includes all games, including tournaments and ring games, for all currencies, including real money and play money.

Only humans are permitted to play on our site. Artificially-intelligent programs, processes, applications and all other forms of software and hardware - including those commonly referred to as "Poker Bots" or "Auto Folders"- are prohibited from making game decisions or taking game action on our site, either under their own auspices or under the supervision of a human.

Fair and unfair advantage

Through analysis of hand histories, players can learn about patterns, strengths and weaknesses in their game play (and that of their opponents), and determine areas for improvement. We provide comprehensive hand history statistics in our software, but recognize some players want more [granular] specific details than that.

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Programs that aggregate hand histories to profile a player’s own play and/or the play of opponent players at the same poker table, are allowed.

PokerTracker and Texas Calculatem, for example, are programs that provide detailed statistical analysis of hand histories for beneficial review. As well as personal game play analysis, these programs also compile and profile a player's opponents' play. This is similar to how a meticulous player might use our "Player Notes" feature after every hand to compile their own profiles on opponents. As such, these programs are allowed.

Conversely, programs that use statistics not collected by the player himself/herself through ordinary, fair game play, are not allowed. Programs that share data are not allowed. Further, we do not allow players to collude, share hole card information or team up against other players. We also prohibit the use of any software program that facilitates the sharing of this information or player profiles.

PokerEdge and CardAnalyzer, for example, are programs that compile player profiles in a database and then sell subscription access to their systems. These programs allow players to access profile information on players they have never played against, and we believe this provides an unfair advantage. As such, these programs are prohibited.

Examples of acceptable programs

Acceptable programs include, but are not limited to:

• GameTime+
• PokerAce Heads Up
• PokerOffice
• PokerTracker
• PokerWeapon
• Texas Calculatem
• Examples of prohibited programs

Prohibited programs include, but are not limited to:

• PokerEdge
• PokerProphecy
• PokiBot
• StarSpy
• WinHoldem

Supervision and sanctions

We currently have sophisticated processes in place to detect and prevent the use of prohibited programs. This technology is an extension of our anti-collusion security systems, and is deeply integrated with multiple tiers of our client and server architecture.

It is in our collective interest to ensure the safety and integrity of the game and this is part of the security we offer all our players.

We reserve the right to close accounts, seize funds and ban players from playing on Smart Live Poker for using prohibited programs or cheating.

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More Information

If you are considering using a program that is not on this list, please e-mail support with information about the program, including its name and a URL where we can find it. After we review it, we will make a decision about whether or not it is allowed.

TOURNAMENT COLLUSION REFUND POLICY

This Tournament Collusion Refund Policy is an attachment to the Smart Live Casino Terms of Service and Ongame Network’s Multi Account Policy. As such it cannot be reviewed as a stand-alone policy nor does it overrule these documents in case of confliction. Please read through the above two documents before proceeding.

This Tournament Collusion Refund Policy covers Smart Live Poker accounts and Smart Live Poker accounts only. Accounts affiliated with other operators within the network will not benefit from it.

This Tournament Collusion Refund Policy details reimbursement rules in cases of confirmed tournament collusion. The punitive measures enforced upon caught colluders - although mentioned - are regulated by the MAP.

This Tournament Collusion Refund Policy has been engineered to provide just treatment in the case of cheating being determined in tournaments. All decisions will be made by Smart Live Poker and cannot be overruled. Detailed information regarding investigations – and the investigations made by the Ongame Network Security Team - will be released at the investigators discretion.

The Tournament Collusion Refund Policy deals with three separate types of tournament collusion; checkdowns, chip dumping and co-play (multi-accounting).

Checkdown

Checking down can occur when two or more players call an all-in player. On Smart Live Poker it is against the rules and ethics of the game of poker to expressively agree upon this conduct. Equally it is against the rules to suggest such an action. However, merely suggesting it does not equate collusion.

Players found guilty of verbally agreeing to not play each other in a hand with the explicit intent of maximizing the chance of eliminating a third player will receive a warning. Repeat offenders risk having their prize money confiscated.

Chip Dumping

Tournament chip dumping is defined as a situation where one player purposely loses chips to another player with the sole intent of increasing their combined chances of winning prize money. Chip Dumping will incur a permanent ban of all involved accounts and the forfeit of all the total value of prize money.

Co-op Play (multi-accounting)

Co-op play is defined as situations where one or more players enter a total of two or more accounts into a tournament (scheduled or sit-n-go) and are sharing, or attempting to share, information about hands or players between them. Sharing information includes playing the accounts from the same computer, using online messaging services or any other form of off- or online communication.

All Co-op play accounts will be permanently banned and risk, based on the MAP, having their prize money and their entire bankroll confiscated. In all cases of multi-account collusion a full investigation of related accounts will also be initiated. The individuals behind all caught accounts are not welcome to play on Smart Live Poker under any circumstances.

By accepting these Terms & Conditions, you hereby accept the terms of our Customer Agreement.

For assistance please call the Smart Live Poker Support Team on 0800 279 8510. Copyright © all rights reserved 2009.