Terms and Conditions
To help you get the best out of the Hi5 Poker League, and to understand our responsibilities to you and your responsibilities to us, please read these terms and conditions.
The language we use should make these terms and conditions as clear as possible. If you have any questions, a member of our team will be happy to help you.
These terms and conditions apply at all times and take priority over anything a member of our team has told you.
We may make reasonable changes to these terms and conditions, which will replace any previous versions. We will notify you of any changes before they take place.
“Poker Events”: all poker tournaments that are undertaken by the Hi5 Poker League. This includes both the Monthly Qualifiers, and the annual Grand Final. Each of those poker tournaments will have a prize pool, funded in part (or entirely) by the Hi5 Poker League
“Poker Equipment”: the items that are provided to customers to assist in the operation of a weekly poker tournament. These include, but are not limited to, a folding poker table(s), chip set(s), a playing card pack(s)
“Qualifying Player(s)”: the player(s) who earn a Gift Card, by taking part in one of the venue’s weekly poker tournaments. The exact number of Qualifying Player(s) that are awarded a gift card each week is determined by the venue subscription, as detailed in the Contract
“Gift Cards”: vouchers that are sent to the pub each month, in accordance with their subscription, that each contain an Activation Code.
“Activation Code”: a single-use 16-digit number that when entered into the Hi5 Poker website, provides the Qualifying Player(s) with the ability to register to one of the Monthly Qualifiers.
“Monthly Qualifiers”: the poker tournaments that we host online every month. Qualifying Player(s) win an entry to these events by taking part in a poker tournament at the pub, and winning a Gift Card.
“Contract”: means the agreement between Hi5 Promotions Ltd and you for the sale and purchase of the Deliverables incorporating these Conditions and the Order
“Minimum Term”: the minimum amount of time that your subscription will last, as set out in these terms and in your Contract.
“Rules”: means the rules of operation of the Hi5 Poker League, including but not limited to, the specific game rules for the poker tournament, and how Qualifying Player(s) are determined.
“Retail Prices Index”: An index of the variation in the prices of retail goods and other items
“Grand Final”: the annual poker tournament to which entry must be won at one of the Monthly Qualifiers.
“VAT”: means value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the sale of the Deliverables.
“Setup Fee”: means the cost that is incurred in starting a subscription to the Hi5 Poker League. This cost covers the expenses and delivery charges of the Poker Equipment, plus any other items that we send to you as part of the operation of the Hi5 Poker League.
“Subscription Fee”: means the amount payable in respect of your subscription to the Hi5 Poker League, as set out in your Contract.
“Subscription Fees”: this is the plural of Subscription Fee.
3.0 OUR SERVICE
3.1 In these terms and conditions, we are making certain commitments to each other in relation to the services that we will provide to you
3.2 Once you have subscribed to the Hi5 Poker League our service to you falls into two categories; the provision of poker equipment and; the organisation of Poker Events
3.3 The provision of Poker Equipment
3.3.1 Payment of the Setup Fee will constitute your purchase of the Poker Equipment
3.3.2 The Setup Fee will be deemed to have been received once it has fully cleared our business bank account, the details of which will be provided to you
3.3.3 When the Poker Equipment is delivered to you, it becomes your property. It is therefore your responsibility to maintain the Poker Equipment and to ensure that it is safe and used properly at all times. Should you require additional Poker Equipment there will be additional cost
3.3.4 You will also be provided with other administrative and marketing collateral to help with the advertising and running of your poker night. Should you require any additional collateral you will need to contact us
3.4 The organisation of Poker Events
3.4.1 Each month you will be provided with Activation Codes. The exact amount of Activation Codes will depend on your chosen subscription package, as detailed in your Contract.
3.4.2 These Activation Codes will only be provided to you if you have paid your subscription fees and charges (see section 6)
3.4.3 These Activation Codes will allow your Qualifying Player(s) to take part in one of our Monthly Qualifiers, where they will be in competition with other Qualifying Player(s) from the Hi5 Poker League
3.4.4 Generally, the Activation Codes will be delivered to you via Gift Cards. However we reserve the right at our sole discretion to provide them electronically via email should we deem it necessary.
3.4.5 At the Monthly Qualifiers your Qualifying Player(s) will compete with the Qualifying Player(s) from other Hi5 Poker League venues in the UK for the Monthly Qualifier cash prize pool. The exact cash prize pool available at each Monthly Qualifier will be decided by us.
3.4.6 In addition to the cash prize pool several players from each of the Monthly Qualifiers will also earn an entry to the annual Grand Final. The exact number of entries to the Grand Final that can be won at each of the Monthly Qualifiers will be decided by us
3.4.7 Each Grand Final will have a further prize pool. The exact cash prize pool available at the Grand Final will be decided by us
3.4.8 We reserve the right to alter, amend, increase or decrease any of our cash prize pools at any time
3.4.9 Your Subscription Fees are still due regardless of whether you or your Qualifying Player(s) choose to make use of the Gift Cards that are provided to you in accordance with your subscription
3.4.10 It is the responsibility of you and your Qualifying Player(s) to ensure that they are aware of the details of any Poker Event that they are eligible to take part in. All relevant information regarding the Poker Events can be found on our website (hi5poker.co.uk)
3.4.11 Qualifying Players will only be eligible to enter one of our Monthly Qualifiers if you have paid your subscription fees and charges (see section 6)
3.4.12 We reserve the right at our sole discretion to prevent your Qualifying Player(s) from taking part in any of our Monthly Qualifiers, for reasons including but not limited to a breach of our payment terms
3.4.13 We reserve the right at our sole discretion to withhold any cash prizes from your Qualifying Player(s), for reasons including but not limited to a breach of our payment terms
3.4.14 We reserve the right to change, cancel, or postpone any of our Poker Events without Notice, but we will give you reasonable Notice of any withdrawals and / or changes where it is possible to do so
3.4.15 We reserve the right to organise and operate the Poker Events in the manner that we see fit
3.5 It is your responsibility to ensure that customers take part in your poker league
3.6 We do not have any responsibility to you to limit the number of poker leagues operating in your area
4.0 SUBSCRIPTION TERMS
4.1 In order to subscribe to the Hi5 Poker League you will be required to sign a Contract
4.2 You can sign the Contract as an individual or on behalf of a company. If signing on behalf of a company it is your responsibility to ensure that this is made clear. If this is not made clear the Contract shall apply to the signatory on an individual basis
4.3 If signing on behalf of a company we will assume that you have the authority to do so
4.4 Pursuant to 4.2 and 4.3 if you do not clearly indicate that you are signing on behalf of a company or do not have the authority to do so the Contract shall apply to the signatory on an individual basis
4.5 Subscription types
4.5.1 There are various subscription packages available which determine the number of Qualifying Player(s) per month, and the Subscription Fees that you agree to pay for our service
4.5.2 Details of the available subscription options can be found on our website (hi5poker.co.uk)
4.5.3 Details of your chosen subscription package (including the fees payable) can be found in your Contract
4.6 Length of subscription
4.6.1 Your subscription will begin on the date stated on your Contract
4.6.2 The Minimum Term for your subscription is 3 calendar months
4.6.3 Your subscription will continue on a monthly rolling basis until either party ends it in accordance with section 8 and section 9
4.7 Upgrading your subscription
4.7.1 You may give Notice that you wish to upgrade your subscription at any time
4.7.2 In order to upgrade your subscription you will be required to sign the upgrade form
4.7.3 Subject to 4.7.2 the upgraded subscription supersedes the previous subscription agreement
4.7.4 An upgraded subscription has a renewed Minimum Term of 3 months
4.8 Downgrading your subscription
4.8.1 You may give Notice that you wish to downgrade your subscription at any time
4.8.2 In order to downgrade your subscription you will be required to sign the downgrade form
4.8.3 A downgraded subscription has a renewed Minimum Term of 3 months
4.9 We may at any time modify, amend or alter the terms of this Agreement and/or the services if:
- a) there is any change or amendment to any law or regulation which applies to the services provided to you;
- b) We decide that the services should be altered for reasons of quality of service or otherwise for the benefit of customers or, our reasonable opinion, it is necessary to do so;
- c) for security, technical or operational reasons;
- d) in all other events, where we reasonably determine that any modification to the relevant system or change in trading, operating or business practices or policies is necessary to maintain or improve the services provided to you
4.10 We may withdraw your chosen subscription for commercial or operational reasons or if we are unable to continue providing it for reasons outside our reasonable control
5.0 YOUR RESPONSIBILITIES
5.1 To pay all fees and other charges when due as per our payment terms (see section 6)
5.2 To contribute positively to The Hi5 Poker League and to protect its reputation and integrity
5.3 To comply with the Rules of The Hi5 Poker League. An up-to-date copy of the Rules can be found on our website (hi5poker.co.uk)
5.4 To ensure compliance with any and all relevant legislation in respect of the operation of a poker night. Any deviation from the legislation is undertaken without our consent. We accept no liability or responsibility in respect of any breach
5.5 To ensure that Qualified Player(s) know the details of the Poker Events that they have qualified for. All relevant information regarding the Poker Events can be found on our website (hi5poker.co.uk)
6.0 PAYMENT TERMS
6.1 Charges will be levied in accordance with your chosen subscription and as per the charges specified in your Contract
6.2 Generally, you will be invoiced one month in advance, on the 15th of the preceding month, unless otherwise agreed. For example – an April invoice will be sent on the 15th of March
6.3 Invoices will be due on the date of issue, unless otherwise agreed
6.4 We reserve the right to delay the delivery of any month’s Gift Cards until the subscription fees for that month have been paid
6.5 The accuracy of the billing address and / or billing contact details that you provide to us for billing purposes is entirely your responsibility
6.6 The accuracy of the shipping address and / or shipping contact details that you provide to us for delivery purposes is entirely your responsibility
6.7 In the event of electronic billing you shall remain fully responsible and liable to pay any bills of which notification has been sent to the e-mail address you have specified whether or not:
- you access that e-mail account and read the relevant e-mail;
- you are disconnected from your e-mail account (for any reason); or
- for any other reason (other than our negligence) you fail to read the relevant notification
6.8 You may choose to pay your bills by cash, cheque, or by Direct Debit
6.9 If you choose to pay by any method other than Direct Debit, we reserve the right to charge an administration fee of £10+VAT per invoice
6.10 If any cheque or Direct Debit of yours is cancelled or is not cleared by your bank or building society, we are entitled to charge you an administrative fee of £15 plus VAT
6.11 You must ensure that all payments are made in full to the Hi5 Poker League by the date on which they are due as shown on your invoice
6.12 Reminders will normally be sent for late bill payments
6.13 If you do not pay your Subscription Fees we may prevent your Qualifying Player(s) from entering our Monthly Qualifiers. This does not mean that we will end your subscription
6.14 If you do not pay your bills on time, you will be liable for additional charges (see section 7)
6.15 We may increase subscription fees automatically each year by up to either 1% above the rate of inflation according to the Retail Prices Index or 3%, whichever is higher
6.16 As well as the increase described in 6.12 above, we have the right to increase subscription fees at any time. We will make every reasonable effort to give you at least one months’ Notice of the increase
6.17 If you want to change any of the services agreed to, we may charge you a fee relating to that change if it is reasonable to do so. We will notify you of the amount of any such charge when you request the change
6.18 We are entitled to carry out credit checks on you at any time. This will be done by making searches about you at credit reference agencies who will supply credit information about you, as well as information from the Electoral Register. The agencies will record details of the search, whether or not the application goes ahead. We and other companies may use credit searches and other information which is provided to us, or the credit reference agencies (or all), about you if credit decisions are made about you. This information may also be used to trace debt and manage your account and to reveal information on your payment history to the usual credit agencies
6.19 If at any time before or during the term of this Agreement you fail to meet the credit conditions imposed by us, we may require you to make a payment in advance for future charges
7.0 LATE PAYMENTS
7.1 We reserve the right to charge an additional fee of £25+VAT for any invoice that is not paid before the due date
7.2 At any time we may refer significantly overdue invoices to an external credit control agency and / or debt collection agency. If this becomes necessary you will incur further additional fees of £50+VAT per invoice.
7.3 The Hi5 Poker League may also seek compensation for the cost of recovering such debts in line with the guidelines as set out under the Late Payment of Commercial Debt (Interest) Act 1998 as amended
8.0 CANCELLING YOUR SUBSCRIPTION
8.1 If you would like to cancel your subscription to the Hi5 Poker League, you must give Notice of this (See section 10)
8.2 When Notice is received we will treat it as if we received it on the last day of that month. This means that the Subscription Fees for the month that we received Notice are still due
8.3 If you cancel your subscription within the Minimum Term you will be liable for all charges due for the duration of the Minimum Term
8.4 Cancelling any direct debit that you have with us does not mean you have given us Notice to end your subscription
8.5 Failing to notify us that you have ceased to operate from a venue does not constitute a cancellation of your subscription. Subscription Fees will still be due for any months that fall beyond the cessation date
8.6 If you need advice on your legal rights you could make contact with the Citizens Advice Bureau or look at their website at https://www.citizensadvice.org.uk
8.7 We reserve the right to cancel this Agreement under the following circumstances:
8.7.1 Non-payment of any charges due as per section 6;
8.7.2 If you break this Agreement (see section 9) or the Rules;
8.7.3 Any other reason that we deem to be unreasonable conduct on your behalf
9.0 IF YOU BREAK THIS AGREEMENT
9.1 We may end this Agreement immediately if:
9.1.1 You become insolvent or bankrupt, you enter into any arrangement with your creditors, or if any legal action is taken or threatened against you;
9.1.2 We believe that you or another person in the league may be committing any fraud against us, or any other person or organisation whether or not by using the services or equipment (or both);
9.1.3 You break any of this Agreement and, if you are able to put things right, you have not done so within seven days (or such other period as we specify) of us asking you to do so;
9.1.4 We have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the services and/or the equipment from us or at any time during the provision of the services;
9.1.5 We are required to comply with applicable law or regulation, or comply with an order, instruction or request of Government, an emergency services organisation or other competent administration or regulatory authority;
9.1.6 You or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate; or
9.1.7 We are specifically entitled to do so under any other section of this Agreement
9.2 If you break this Agreement and we choose to overlook it, we can still end the Agreement with you if you break it again
9.3 If we end this Agreement because you have broken this Agreement during any relevant Minimum Term, we are entitled to:
(a) charge you for any charges due as per section 8 and section 9;
(b) prevent access to; and/or
(c) disrupt access to; the services
9.4 If you break this Agreement by committing fraud or any other criminal activity, we will report you to the police, who may take legal action
10.1 If you want to give Notice, it must be in writing (addressed to the Accounts Department at our Head Office). We will also accept Notice by email to the following email address: firstname.lastname@example.org
10.2 Your Notice is not effective until we have received it. We strongly advise that when you give Notice you get proof that we have received it. For example:
- if you send us Notice by post, send it by recorded delivery (we will have to sign the delivery notice when we receive it);
- if you send us your Notice by email, ask for a delivery receipt.
10.3 We will confirm that we have received your Notice within 10 days of receiving it. If you do not receive this confirmation within 10 days, you must immediately get in touch so that we can confirm that we have received it
10.4 From time to time we will need to contact you about your subscription, so it is important you let us know if your address, contact phone number or email address changes. It is your responsibility to ensure that this is correct
10.5 If we need to give Notice to you it will be effective if we send it to the address or email address that we have in the records we hold about you
11.0 OTHER CHARGES
11.1 We reserve the right to charge an administrative fee for any requested change in your subscription and / or details if it is reasonable to do so. Details of the administrative fee will be made clear to you when you request the change
11.2 Reasonable delivery charges may be payable in respect of the delivery of equipment and any promotional material and / or collateral. If reasonable charges are due they will be made clear on your Contract
12.1 We are committed to making sure that our customers are satisfied with the service that we provide, but we are realistic enough to know that things don’t go according to plan all the time. If you have a complaint, we want to know about it as soon as possible so that we may fully investigate it and sort the matter out
12.2 If you have a complaint, you should contact us in writing, via email, or by telephone
12.3 The operation of The Hi5 Poker League generally will be governed by the laws of England and Wales, and any dispute will be determined by the courts of England and Wales
13.1 No refunds will be payable if a venue gives Notice that it wishes to terminate its involvement during the course of a month as per section 8 above
14.0 DATA PROTECTION
14.1 We keep to the Data Protection Act 2018
14.3 If you want to know what information we hold about you, or you want us to correct any information we hold about you, please contact us via writing, telephone, or email
15.0 MATTERS BEYOND OUR REASONABLE CONTROL
15.1 We will not be liable for failing to do what it promised under this Agreement if it is prevented from doing so by something outside its reasonable control which will include (but is not limited to) lightning, flood or severe weather conditions, fire or explosion, civil disorder, damage or, terrorist activities, war, actions of local or national governments or other authorities, or industrial disputes
16.0 TRANSFER OF AGREEMENT
16.1 The Hi5 Poker League reserves the right at any time to transfer its rights and/or obligations under this Agreement to any company, firm or person provided that the transfer will not affect your rights under this Agreement
16.2 You may not transfer any of your rights and obligations under this Agreement without our written agreement
17.1 You agree to indemnify and hold the Hi5 Poker League, its officers, directors and employees harmless from and against any and all claims, damages, liabilities, costs and expenses arising from your subscription to the Hi5 Poker League
17.2 Nothing in these terms and conditions is meant to limit any rights you might have as a consumer
17.3 We will not be liable in any way for any loss or damage arising from the use of our Poker Equipment