BY USING plomastermind.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.
The terms “we,” “us,” and “our” refer to GTO AG. The term the “Site” refers to plomastermind.com. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.
The PLO Mastermind is a membership site for online training, courses, resources and other content relating to studying and improving at online poker (the “Service”).
Use of plomastermind.com, including all materials presented herein and all online services provided by GTO AG, is subject to the following Terms and Conditions.
These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Parties agree that the Service is in the nature of education. The scope of services provided by GTO AG according to this Agreement are limited to those listed on plomastermind.com website. GTO AG reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. GTO AG makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. GTO AG disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to GTO AG will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
MEMBERSHIP TERMS OF AGREEMENT
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, etc.). You agree and understand that no breach of contract action may be initiated against GTO AG when there are reasonable delays in the access of the Service.
Monthly memberships last for 1 month periods, so you will get charged a monthly subscription on the same day each month whenever possible.
GTO AG reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement. The yearly membership duration is 1 year or 365 natural days.
You may cancel a monthly subscription at any time via your account settings page.
Please cancel at least 2 days before your subscription renewal date, as our payment processors may begin creating your upcoming invoice one day before your renewal date and a late cancellation might incur in a membership charge.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service, though feel free to reach out to our support team if there are any issues.
Once you cancel and your current membership period expires, you will no longer have access to the Service, including all content and community resources. You can return at any time after cancelling by simply renewing your subscription to the Service.
We offer a 30 day refund policy should you be unsatisfied with the Service.
According to our payment processors, refunds take around 5-10 days to appear in a customer’s bank statement. A refund immediately terminates your access to the Service.
The 30 day refund period only applies to your first subscription and cannot be used more than once.
We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site or our community platforms any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Service, GTO AG may provide access to a community or social media platforms in conjunction with the Service. GTO AG is not required to provide a community platform, and has complete discretion with regard to the platform, and the nature of the interaction, dependent on the Service.
You agree that your use of these community and social media platforms is a privilege and GTO AG may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. GTO AG will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. GTO AG is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the GTO AGs’s brand and image integrity.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to GTO AG. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to GTO AG remains yours to the extent that you have any legal claims therein. You agree to hold GTO AG harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
By posting material on the Site or community platforms, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
You consent to recordings being made of audio or video calls, training videos or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by GTO AG for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable efforts to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by GTO AG, including trademarks, copyrights, proprietary information, and other intellectual property. GTO AG’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including GTO AG’s copyrighted materials shall remain the sole property of the GTO AG. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
USE OF TESTIMONIALS
In accordance to with guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:
Testimonials that appear on this site are actually received via text, audio or video submission. They are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way. They are individual results and results do vary. We do not claim that they are typical results. The testimonials are not necessarily representative of all of those who will use our products and/or services.
The testimonials displayed in any form on this site (text, audio, video or other) are reproduced verbatim, except for correction of grammatical or typing errors. Some may have been shortened. In other words, not the whole message received by the testimonial writer is displayed when it seems too lengthy or not the whole statement seems relevant for the general public.
GTO AG is not responsible for any of the opinions or comments posted on https://plomastermind.com. GTO AG does not share the opinions, views or commentary of any testimonials on https://plomastermind.com – the opinions are strictly the views of the testimonial source.
DISCLAIMER AND LIMITATION OF LIABILITY
GTO AG makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contained on this website or any sites linked to this site.
All the materials on this site are provided ‘as is’ without any express or implied warranty of any kind, including warranties of merchantability, non infringement of intellectual property or fitness for any particular purpose. In no event shall GTO AG or its agents or associates be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, injury or death) arising out of the use of or inability to use the materials, even if GTO AG has been advised of the possibility of such loss or damages.
AFFILIATE LINK DISCLAIMER
https://plomastermind.com is owned and operated by GTO AG and may contain affiliate links or other forms of monetization. The compensation received may influence the advertising content, topics or posts made on this website. That content, advertising space or post will be clearly identified as paid or sponsored content.
If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.
This site does not contain any content which might present a conflict of interest. GTO AG makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contained on this website or any sites linked to or from this site.
Every effort has been made to accurately represent these products and services and their potential benefits. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earnings potential is entirely dependent on the person using our product, ideas and techniques.
Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned; your finances; your knowledge; and your set of skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
Any and all forward-looking statements here or on any of our sales materials are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results, and no guarantees are made that you will achieve results similar to ours or anybody else’s. In fact, no guarantees are made that you will achieve any results from the ideas and techniques in our materials.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, GTO AG IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF GTO AG HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.
IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL GTO AG’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM GTO AG, AND IF NO PURCHASE HAS BEEN MADE BY YOU GTO AG’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with GTO AG. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service.
You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and GTO AG pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by GTO AG shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by GTO AG.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: GTO AG Gartenstrasse 95, 4052, Basel, Switzerland or to [email protected]astermind.com
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
This privacy statement was last updated on February 14, 2021 and applies to citizens of the European Economic Area.
In this privacy statement, we explain what we do with the data we obtain about you via https://plomastermind.com. We recommend you carefully read this statement. In our processing we comply with the requirements of privacy legislation. That means, among other things, that:
we clearly state the purposes for which we process personal data. We do this by means of this privacy statement;
we aim to limit our collection of personal data to only the personal data required for legitimate purposes;
we first request your explicit consent to process your personal data in cases requiring your consent;
we take appropriate security measures to protect your personal data and also require this from parties that process personal data on our behalf;
we respect your right to access your personal data or have it corrected or deleted, at your request.
If you have any questions, or want to know exactly what data we keep of you, please contact us.
1. Purpose, data and retention period
1.1 Contact - Through phone, mail, email and/or webforms
We retain this data upon termination of the service for the following number of months: 12
2. Sharing with other parties
We only share this data with processors and with other third parties for which the data subjects consent must be obtained. It concerns the following party or parties:
Name: Stripe Country: Purpose:
We are committed to the security of personal data. We take appropriate security measures to limit abuse of and unauthorized access to personal data. This ensures that only the necessary persons have access to your data, that access to the data is protected, and that our security measures are regularly reviewed.
5. Third-party websites
This privacy statement does not apply to third-party websites connected by links on our website. We cannot guarantee that these third parties handle your personal data in a reliable or secure manner. We recommend you read the privacy statements of these websites prior to making use of these websites.
6. Amendments to this privacy statement
We reserve the right to make amendments to this privacy statement. It is recommended that you consult this privacy statement regularly in order to be aware of any changes. In addition, we will actively inform you wherever possible.
7. Accessing and modifying your data
If you have any questions or want to know which personal data we have about you, please contact us. You can contact us by using the information below. You have the following rights:
You have the right to know why your personal data is needed, what will happen to it, and how long it will be retained for.
Right of access: You have the right to access your personal data that is known to us.
Right to rectification: you have the right to supplement, correct, have deleted or blocked your personal data whenever you wish.
If you give us your consent to process your data, you have the right to revoke that consent and to have your personal data deleted.
Right to transfer your data: you have the right to request all your personal data from the controller and transfer it in its entirety to another controller.
Right to object: you may object to the processing of your data. We comply with this, unless there are justified grounds for processing.
Please make sure to always clearly state who you are, so that we can be certain that we do not modify or delete any data of the wrong person.
8. Submitting a complaint
If you are not satisfied with the way in which we handle (a complaint about) the processing of your personal data, you have the right to submit a complaint to the Data Protection Authority.