1. These terms and your acceptance of them
These Terms and Conditions govern your use of siasconsetcasino.com and any purchase of goods
from Siasconset Poker Rooms LLC. By accessing the website or placing an order you confirm that you accept these
terms and agree to comply with them. If you do not accept them, you must not use the website.
Related documents that form part of our contractual framework:
- Our Terms of Service, which govern audit, verification, training and consultancy engagements. Where they conflict with these Terms and Conditions in relation to services, the Terms of Service prevail.
- Our Privacy Policy and Cookie Policy.
- Our Legal Information page, which identifies the operator of this website.
We recommend that you print or save a copy of these terms for your records.
2. Definitions
- "We", "us", "our"
- Siasconset Poker Rooms LLC, a Massachusetts limited liability company with its registered office at 14 Milestone Road, Siasconset, Nantucket, MA 02564, United States.
- "You", "your"
- Any person who accesses the website, and any person or organisation that places an order with us.
- "Website"
- siasconsetcasino.com and all of its pages, assets and content.
- "Goods"
- Physical equipment we supply, including chips, tables, cards, layouts, shufflers, cases and spare parts.
- "Services"
- Audit, verification, sourcing, training, design, integrity review and follow-on support work, governed by the Terms of Service.
- "Order"
- Your request to purchase Goods, whether by signed quotation, purchase order, email confirmation or countersigned order form.
- "Order Confirmation"
- Our written acceptance of an Order, at which point a contract is formed.
- "Report"
- A written deliverable produced by our review desk, including scores, measurements, photographs and recommendations.
- "Business day"
- Any day other than a Saturday, Sunday or public holiday in the Commonwealth of Massachusetts.
- "Business customer"
- A customer purchasing wholly or mainly for the purposes of its trade, business, craft or profession.
- "Consumer"
- An individual purchasing wholly or mainly outside their trade, business, craft or profession.
3. Eligibility and age
- You must be at least 18 years old to use this website and to place an Order.
- Where the law of your jurisdiction sets a higher minimum age for the possession or purchase of gaming equipment, you must meet that age.
- If you place an Order on behalf of an organisation, you warrant that you have authority to bind that organisation, and "you" in these terms means both you and that organisation.
- You are responsible for ensuring that your possession and use of the Goods is lawful in your jurisdiction. Gaming equipment is regulated in many places, and some jurisdictions restrict or prohibit its import, possession or use. We may ask for evidence of a licence or permit before accepting an Order, and we may decline any Order where that evidence is not provided.
4. Use of the website
4.1 What we allow
We grant you a limited, revocable, non-exclusive, non-transferable licence to access and view the website and
to download or print pages for your own internal business use or personal reference.
4.2 What is prohibited
- Copying, republishing or redistributing our content, other than as permitted in section 4.1 or in our Legal Information page.
- Using our scores, badges, grades or certificates in advertising, packaging or sales material without a written licence.
- Systematic extraction, scraping, indexing beyond ordinary search-engine crawling, or use of our content to train machine-learning models without our prior written consent.
- Attempting to gain unauthorised access to the website, its server or any connected system.
- Introducing malicious code, or conducting any denial-of-service or load-testing attack.
- Using the website in any way that is unlawful, fraudulent, defamatory, harassing or otherwise harmful, or that infringes the rights of any third party.
- Misrepresenting your identity or affiliation, including in messages sent through the enquiry form.
4.3 Availability
The website is provided free of charge and on an "as available" basis. We do not guarantee that it will be
continuously available or error-free, and we may change, suspend or withdraw all or part of it without notice.
We do not guarantee that the website or any content on it will be free from bugs or viruses.
5. Editorial content, scores and prices
- Content on this website is provided for general information. It is not advice on which you should rely without your own assessment of your circumstances.
- Scores and measurements relate to the specific samples tested at the date stated in the relevant Report, using instruments with a stated tolerance. They are not a warranty as to any other unit, batch or production run.
- Manufacturers change materials and tooling without notice. A published score may not describe goods later sold under the same name.
- Prices, specifications, turnaround times and availability shown on the website are indicative, exclude taxes and delivery unless stated, and may change at any time.
- Nothing on the website is an offer capable of acceptance. It is an invitation to treat. A contract arises only when we issue an Order Confirmation.
- Images and illustrations are for identification only. Colours, edge spots, finishes and grain vary between production runs.
6. Orders and formation of contract
- Quotation. We issue a written quotation setting out the Goods, quantity, unit price, taxes, delivery terms, lead time and validity period. Unless stated otherwise, a quotation is valid for 30 days.
- Order. You place an Order by accepting the quotation in writing or by sending a purchase order that references it.
- Acceptance. We may accept or decline any Order. A contract is formed only when we send an Order Confirmation, or, if earlier, when we despatch the Goods.
- Corrections. If we discover an obvious pricing or description error before despatch, we will contact you to confirm, re-price or cancel the affected line. You may cancel that line without charge in that situation.
- Changes. Any change to an accepted Order must be agreed in writing. Changes may affect price and lead time. Custom-printed layouts and custom-denominated chips cannot be changed once production has started.
7. Prices, taxes and payment
- Prices are stated in United States dollars and exclude sales, use, value added and any other applicable tax, which is added at the rate in force on the invoice date.
- Import duties, customs charges and local taxes on cross-border shipments are your responsibility and are payable by you to the relevant authority.
- Unless otherwise agreed in writing, payment terms are 50% deposit on Order Confirmation and the balance before despatch. Established account customers may be offered net 30 days from the invoice date.
- We accept bank transfer and major credit cards. Card payments are processed by our payment provider; we do not store full card numbers.
- Time for payment is of the essence. Undisputed invoices that remain unpaid after the due date carry interest at 1.5% per month, or the maximum permitted by law if lower, together with our reasonable costs of recovery.
- We may suspend despatch or performance while any undisputed invoice is overdue.
- You may not withhold or set off any sum without our written agreement, except as permitted by law.
8. Delivery, title and risk
- Lead times are estimates given in good faith. Tables and custom layouts are typically 3–6 weeks; stock chips and cards are typically 3–7 business days.
- We will tell you the delivery method and, for freight items, arrange a delivery window with you. Someone with authority to sign must be available to receive and inspect the shipment.
- Risk in the Goods passes to you on delivery to the address in the Order Confirmation, or on collection where you collect.
- Title passes only when we have received payment in full and cleared funds for those Goods and any other sums then due from you.
- Until title passes you must store the Goods separately, keep them identifiable as ours, keep them insured for their full price, and not encumber them.
- Where you fail to accept delivery, we may store the Goods and charge reasonable storage and re-delivery costs.
- Delivery in instalments is permitted. A defect in one instalment does not entitle you to reject the balance of the Order.
9. Inspection, shortages, damage and returns
9.1 Inspection on arrival
Inspect every shipment on arrival. Note any visible damage or shortage on the carrier's paperwork before
signing, photograph the packaging and the goods, and notify us within 3 business days. Latent
defects must be notified within 14 days of the date you discovered or ought reasonably to have
discovered them.
9.2 Returns of unwanted Goods (business customers)
- We accept returns of unused, unopened stock Goods within 30 days of delivery, subject to prior written authorisation and a returns number.
- A restocking charge of up to 15% may apply, and outbound and return carriage is at your cost.
- Custom-printed layouts, custom-denominated chips, opened card cases and hygiene-sealed items cannot be returned unless faulty.
9.3 Cancellation rights for consumers
Where you contract as a Consumer and mandatory law gives you a statutory right to cancel a distance contract
(for example, the 14-day right under EU and UK consumer law), you may exercise it by a clear statement sent to
[email protected] within the statutory period. We will
refund the sums received, including standard outbound delivery, within 14 days of receiving the Goods back or
proof of return. Goods made to your specification, personalised, or unsealed where sealing is required for
hygiene, are excluded from that right. Nothing in these terms limits your statutory rights.
9.4 Faulty Goods
Where Goods are faulty, we will at our option repair them, replace them, or refund the price paid, after
inspection. This is in addition to any manufacturer's warranty and does not affect a Consumer's statutory
rights.
10. Warranties on Goods
- We warrant that on delivery the Goods will conform in all material respects to their description and specification, be free from material defects in materials and workmanship for 12 months from delivery, and be supplied with good title.
- Manufacturers' warranties, where longer, are passed through to you and are administered by us on your behalf during that longer period.
- The warranty does not cover fair wear and tear (including felt wear, chip edge wear and card index wear arising from ordinary play), wilful damage, misuse, abnormal storage conditions, exposure to liquids beyond a layout's rated resistance, modification or repair by anyone other than us or a person we authorise, or use contrary to our written instructions.
- To make a claim, contact us with the invoice number, photographs and a description of the fault, before returning anything.
- These warranties are given to the original purchaser and are not transferable without our written consent.
11. Discounts and published offers
The standing offers published on our website apply on the following basis:
- Offers apply to list prices and cannot be combined with each other or with a separately negotiated rate unless we agree in writing.
- The multi-table procurement discount requires all qualifying tables to be ordered within a single calendar quarter and consolidated into one freight movement.
- The off-season audit discount is limited to the published number of slots per week and is allocated in the order that signed order forms are received.
- The returning room discount applies to floors we have previously audited under a completed and paid engagement.
- The referral credit is issued after the referred room's first invoice has been paid in full, and it has no cash value.
- A discount applied in error may be corrected before despatch. We will tell you and let you cancel that line without charge.
- We may amend or withdraw any published offer prospectively. Offers already applied to an accepted Order are honoured.
12. Intellectual property
All intellectual property rights in the website, in our Reports, and in our scoring rubric, templates and
methodologies belong to us or our licensors. Nothing in these terms transfers any of those rights to you.
Where you supply us with material — logos for custom layouts, floor plans, or chip artwork — you grant us a
non-exclusive licence to use it for the purpose of fulfilling your Order, and you warrant that you own or are
licensed to use that material and that our use of it will not infringe any third-party right. You will indemnify
us against claims arising from a breach of that warranty.
13. Disclaimers
To the fullest extent permitted by law:
- The website and all free editorial content are provided "as is" and "as available", without warranty of any kind, whether express, implied or statutory, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement.
- We do not warrant that the website will be uninterrupted or error-free, that defects will be corrected, or that the website is free of viruses or other harmful components.
- We give no warranty that a score, measurement or recommendation will produce any particular commercial outcome for your room.
Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for
fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
14. Limitation of liability
14.1 Business customers
- We are not liable for loss of profit, loss of revenue, loss of business, loss of anticipated savings, loss of goodwill, business interruption, or any indirect or consequential loss, however arising.
- Our total aggregate liability arising out of or in connection with a contract for Goods, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the price paid for the Goods giving rise to the claim.
- Our total aggregate liability in connection with your use of the free content of this website is limited to USD 100.
14.2 Consumers
If you are a Consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our
breach or our failure to use reasonable care and skill, but we are not responsible for unforeseeable loss, nor
for loss arising from your use of the Goods for any commercial or business purpose. Your statutory rights are
unaffected.
14.3 Services
Liability for Services is governed separately by section 18 of our
Terms of Service.
15. Indemnity
If you are a business customer, you agree to indemnify us and our officers, employees and subcontractors
against all claims, liabilities, damages, losses and reasonable costs (including legal fees) arising out of or in
connection with:
- your breach of these terms;
- your unlawful or unauthorised use of the website or of the Goods;
- your use of gaming equipment in a jurisdiction where its possession or use is restricted or prohibited; or
- material you supplied to us infringing a third party's rights.
16. Events outside our control
We are not liable for any failure or delay in performing our obligations caused by an event beyond our
reasonable control, including acts of God, severe weather affecting island freight, fire, flood, epidemic,
industrial action, war, civil unrest, terrorist action, sanctions, failure of public infrastructure or utilities,
failure of carriers, and shortage of raw materials.
We will notify you as soon as reasonably practicable and take reasonable steps to minimise the effect. If the
event continues for more than 60 days, either party may cancel the affected Order in writing,
and we will refund sums paid for Goods not delivered.
17. Suspension and termination
We may suspend or terminate your access to the website, decline future Orders, or cancel an accepted Order by
written notice if:
- you breach these terms materially and, where the breach is capable of remedy, fail to remedy it within 14 days of written notice;
- an undisputed invoice remains unpaid 30 days after its due date;
- you become insolvent, enter administration or liquidation, or cease or threaten to cease to carry on business; or
- we reasonably believe that supplying you would breach applicable law, sanctions or a licensing condition.
Termination does not affect accrued rights and does not affect the continued operation of any clause intended
to survive it, including sections 12 to 15 and 19.
18. General
- Entire agreement. The Order Confirmation, these terms and any document expressly referenced in them form the entire agreement between us and supersede all prior discussions. Each party confirms it has not relied on any statement not set out in them, except as regards fraud.
- Variation. We may amend these terms from time to time. The version in force when you place an Order applies to that Order. Continued use of the website after publication of amended terms constitutes acceptance of them for future use.
- Assignment. You may not assign or transfer your rights without our written consent. We may assign or subcontract our rights and obligations, provided this does not adversely affect your rights.
- Third parties. A person who is not a party to the contract has no right to enforce any of its terms.
- Severability. If any provision is found to be unlawful or unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue in force.
- Waiver. A delay or failure to enforce a right is not a waiver of it.
- Notices. Notices must be in writing and sent to [email protected] or to our registered office, and to you at the address in the Order Confirmation. Email notices are deemed received on the next business day.
- Language. These terms are concluded in English, and English governs their interpretation.
19. Governing law and jurisdiction
These terms, their subject matter and their formation — and any non-contractual obligation arising out of or
in connection with them — are governed by the laws of the Commonwealth of Massachusetts, United States, without
regard to conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods
does not apply.
The state and federal courts sitting in Nantucket County, Massachusetts have exclusive jurisdiction, save
that we may bring proceedings to recover sums due, or to protect our intellectual property, in any court of
competent jurisdiction.
If you are a Consumer resident in the European Union, the United Kingdom or another jurisdiction whose law
grants mandatory protections, you keep the benefit of those protections and the right to bring proceedings in
the courts of your place of residence.