Terms & Conditions
A. GENERAL
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These are the Company Terms and Conditions of Use (‘Terms’) which form a legal and binding
agreement amongst Cashgrail Private Limited (referred to as the
‘Company’, ‘Zupee’, ‘Us’, ‘We’ or ‘Our’) and any person (‘You’/ ‘Your’/ ‘User’)
accessing:
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Such User (as described above) shall be bound by these Terms, Privacy Policy (Privacy Policy) and all other rules, regulations, and terms of use (including Privacy Policy) referred to herein or
provided by Company in relation to any Company Services.
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This document is an electronic record in terms of the Information Technology Act, 2000 and rules there
under as applicable and various other statutes. This electronic record is generated by a computer
system and does not require any physical or digital signatures.
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You acknowledge and agree that by using, or otherwise accessing the Company Platform and Company
Services, you agree to be bound by these Terms and our Privacy Policy (Privacy Policy). You acknowledge that we provide use and access to our Platform and Services to you, subject to
these Terms. You agree and acknowledge that you have completely read and understood these Terms and
the Privacy Policy, incorporated herein by reference, as amended from time to time. You agree,
covenant, and undertake to be bound by the specific rules and regulations of each of the Games as
applicable.
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We reserve the right to amend, modify, update, terminate, supplement or otherwise amend all or any of
the Terms, Privacy Policy, rules, or regulations on the Platform at any time by publishing new Terms.
Company may, at its sole discretion, also notify the User of any change or modification in these
Terms, Privacy Policy, rules, regulations, and terms of use referred to herein or provided by Company,
by way of sending an email to the User's registered email address or posting notifications in the User
accounts. The User may then exercise the options provided in such an email or notification to indicate
non-acceptance of the modified Terms, rules, regulations, and terms of use referred to herein or
provided by Company. If such options to indicate non-acceptance are not exercised by the User within
the time frame prescribed in the email or notification, the User will be deemed to have accepted the
modified Terms, rules, regulations, and terms of use referred to herein or provided by Company.
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If the User does not accept the modified Terms, rules, regulations, and terms of use referred to
herein or provided by Company, we reserve the right to deny access to the Platform and Services to the
User. If the User does not accept the modified Privacy Policy, we reserve the right to deny access to
the Platform and Services to the User to the extent such modified terms of the Privacy Policy are
required to provide access to the Platform and Services.
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Participation in any Games or contest on the Company Platform or viewing of certain Content may be
subject to further terms and conditions as may be notified by us from time to time on the Website or
otherwise. You should ensure that you have read, understood and agree to abide by the rules and
regulations of the Games, contest, tournament available through the Company Platform.
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Company may, at its sole and absolute discretion:
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Your use of information on our Platform including results, fixture lists, statistics, data, and news
posted on our Platform is at your own risk. Other than as expressly set out in these Terms and to the
extent permitted by law, we make no warranty as to the accuracy or reliability of the information
contained on our Platform or in our publications (including, but not limited to, any Content or
information generated on our Platform by or on behalf of us, and any third-party content on our
Platform). We and our related entities, directors, officers, and agents disclaim all liability and
responsibility for any loss or damage (whether direct or indirect) that may be suffered by any
recipient through relying on anything contained in, or omitted from our Platform or publications.
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You hereby unconditionally and irrevocably, expressly agree to the transfer of your personal data and
information (including sensitive data) to Us and to such third parties who we contract with to provide
you with the Services.
B. Description of Services Offered
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Subject to the Users compliance with these Terms, Company gives Users a personal, royalty-free,
non-assignable, non-sublicensable, non-transferable, non-exclusive, and revocable limited right to
access and use the Platform that is provided as part of the Services. This right is for the sole
purpose of enabling the own personal private use from Users to play Games of skill as hosted on the
Platform, in the manner prescribed under these Terms and not for any commercial purposes, in India and
only until the User is bound by these Terms.
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The Services may change or be modified from time to time without prior notice or communication.
Company reserves the right to change, modify or delete the Platform or Services, information, and
Terms listed thereon at any time without prior notice.
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The Services may include advertisements, which may be targeted to the Content or information on the
Services, queries made through the Services, or any other information. The types and extent of
advertising by Company on the Services are subject to change.
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When access Games are included in the Services, the specific rules, scoring, controls and guidelines
for each game can be found within the game itself. The Users agree to and shall comply with such
rules, scoring, controls and guidelines etc.
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Any charges levied on Users for accessing the Services, including but not limited to internet
connection and/or mobile or data charges are solely the responsibility of such Users.
C. User Registration
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In order to access the Website or fully utilize the Platform offered by the Company, a User is
required to register on the Platform. You are not authorised to access any of our Platform, until you
have been granted an Account (defined below).
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If you wish to become a registered User, you will need to create an account (‘Account’) on our
Platform. Each User is only permitted to open one Account. Company reserves the right to terminate or
suspend any duplicate accounts.
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In order to apply for an Account, Company may require you to register by completing a form and
providing certain details (listed below), in accordance with the instructions on the Platform:
- Full Name
- E-mail address
- Password
- State of Residence
- Gender
- Date of Birth
- Mobile Number
- Bank Account Number
- Permanent Account Number Card (PAN Card)
- Government issued Identity Documents (for know your customer checks)
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You can also register or log in through your Google or personal e-mail address. You may also be
required to provide your mobile number for verification purposes and verify such mobile number using a
one-time passcode (OTP) sent to your mobile number. Permission to open the Account shall be
determined by Company or its representatives, at their sole discretion. We may refuse to grant an
application for an Account made by any person without giving a reason for such refusal. You agree and
acknowledge that the decision of Company in this regard shall be final. We may require additional
identity verification procedures used to ensure that we can verify the identity of Users transacting
with each other and assist our payment service providers corroborate the results of these
know-your-customer verification checks with the identity of our customers (collectively ‘KYC’
checks). You understand and submit to such KYC checks, and agree and consent to supply and provide
your personal information and documents to evidence proof of identity and address, as may be required
to conduct and complete such KYC checks.
D. Eligibility
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You must be over 18 years of age and a resident of India to access and/or use our Platform and create
an Account with us. By agreeing to these Terms, you represent and warrant to us that: (a) you are at
least 18 years old; (b) you have not previously been suspended or blocked from using the Platform; and
(c) your registration and your use of the Platform is in compliance with any and all applicable laws
and regulations. You must not be a resident of any Restricted Territories (as hereinafter defined) to
participate in any Games on the Platform. We reserve the right to request proof of identity at any
stage to verify that minors are not using the Platform and we may exclude a person from accessing or
using the Platform if proof of identity is not provided or if Company suspects that a person is under
the age of 18 years. Parents and guardians should monitor their children's / ward’s online activities
and consider using parental control tools available from online services that help provide a child an
amicable online environment. These tools can also prevent children from disclosing any personal
information without parental permission. Employees and directors of the Company are not eligible to
participate in any Games on the Platform.
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You agree to provide true, accurate, current, and complete information at the time of registration and
at all other times(as required by Company). You agree to update and keep updated all information
provided for the purposes of registration. You undertake and agree that all information provided by
you from time to time is true, accurate, current, and complete to your personal knowledge.
E. Creation of Account and Use of the Platform
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Upon grant of the Account by us, your Account will be created, and you will be able to use our
Platform, access the Service(s) and play the Game(s) hosted by us. You agree and acknowledge that such
Account can be terminated by us by giving notice to you, for any reason deemed fit by Company in its
sole discretion.
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You represent and warrant to us that, throughout the course of your usage of our Platform, you will
not permit other persons to access or use your Account. If you permit other persons to access or use
your Account, you do so at your own sole risk as to any consequences. You further agree and accept
that you shall not access or use the Platform through the Account of another User.
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Users are prohibited from operating multiple accounts. If it comes to the knowledge of Company that a
User is operating multiple accounts, in such case, Company reserves the right to restrict, ban,
suspend or terminate such User’s Accounts, at its sole and absolute discretion and without any notice.
Any cash or credit balances in such User’s Accounts is liable to be consolidated into the Account with
the highest cash or credit balances or forfeited at the sole discretion of Company, depending on
whether such Accounts are aliases or Accounts associated with actual or potential frauds.
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You may also be required to verify any credit card / bank account you use to deposit funds, and also
any bank account you want to withdraw to ensure their integrity and verify their compliance with
current regulations.
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In the event You are erroneously credited excess funds for any reason, You forfeit the excess amount,
and such amount shall be debited from Your Account.
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Where Company conducts any customer identity checks, this neither implies that Company is
statutorily required to conduct such checks nor liable for any inaccuracy in customer verification
that cannot be directly attributable to Company’s gross negligence. You are responsible for completing
your ‘know your customer’ checks with your respective banks, financial institutions, card associations
and other payment system providers as defined under the Payment and Settlement Systems Act, 2007 (Payment System Providers), with whom Company has entered into an arrangement to facilitate payment transactions (i.e. to send
or receive funds via the Platform) using the services of such Payment System Providers. Company
conducts such checks as a measure to reduce financial crime in its multiple forms, such as online
fraud, money laundering, or the financing of terrorism.
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By accepting these terms and conditions upon registration, you give consent to Company to disclose
your personal information provided to us to a third-party agency to assist in verifying your identity.
The third-party agency may prepare and provide Company with such an assessment and may use your
personal information including the names, residential addresses and dates of birth, financial
information etc. for the purposes of preparing such an assessment. Please refer to our Privacy Policy
in this regard.
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You acknowledge that your participation in any Game(s) available on the Platform is purely voluntary
and at your sole discretion and risk.
F. Social Feature – Zupee Adda
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The Company provides social interactive features (“Zupee Adda”) which allows individual Users to
connect with other active Users on the Platform.
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For using the social interactive feature, you can use any photo of your choice or choose from creative
graphics to build your social profile (avatars). You may choose to adopt any name to identify your
profile. You may also choose to make your profile public available to be searched by any registered
User(s) on our Platform or you may choose to designate it as private.
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As part of our agreement, you also give us perpetual permissions, and all necessary licenses to
provide social interactive features on our Platform. We do not claim ownership of your content. As a
part of general permissions, you expressly allow us to collect and represent, use, reproduce, copy,
adapt, modify, merge, publicly display, create derivative works from, incorporate such content into
other works, and use your data in any manner that we think fit. You understand and agree that the
Company is acting as a mere platform in providing skill-based games to its Users.
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We may circulate survey questions or polls regarding your experience with the Zupee Adda. Your
participation in such surveys and polls would be voluntary. We shall not publish the answers collated
by us through such surveys and polls.
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We provide services on out Platform on an ‘as is’ basis. You are solely responsible for your actions
on our Platform. The Company shall not be responsible for your actions or conduct, or content
(including unlawful or objectionable content) uploaded by you on our Platform. The Company reserves
the right to take down any content uploaded by you (profile picture, name, etc.) or your profile
entirely in case any objectionable content or activity is detected therein with or without any notice
to you.
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The Company urges you not to make use of any person’s intellectual property without due authorisation.
The Company shall not be responsible or liable or accountable in any manner whatsoever for violation
of any intellectual property, personality, moral rights or claim of any other nature with respect to
information uploaded by any User.
G. Skill Based Quiz games played on the Platform do not qualify as Gambling and Lottery
- Only games of skill shall be hosted on the Platform.
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Users acknowledge that the Games hosted on the Platform are games of skill under Indian law, and that
we do not support, endorse, or offer to Users any game of chance. While games of skill do not have a
comprehensive definition, they are considered to be those games where the impact of a player’s effort
and skill on the outcome of a game is higher than the impact of luck on the outcome of a game.
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Games hosted on the Platform are games of skill, as the outcome / success in the game is directly
dependent on the Users’ effort, performance and skill. The Supreme Court of India has recognized that
the right to play games of skill is a constitutionally protected right.
H. Restricted Territory. Platform not offered in Andhra Pradesh, Assam, Nagaland, Telangana, Sikkim and outside India
- Company may, in accordance with the laws prevailing bar individuals residing in the Indian states of Andhra Pradesh, Assam, Nagaland, Telangana, Sikkim and outside India, are not allowed to participate in the paid versions of the Game(s) as the laws of these states bar persons from participating in games of skill where Users are required to pay to enter. Access to the Platform will therefore be restricted from being accessed by the Users from such states. Please note that free to play versions of our Game(s) can be accessed in the aforesaid territories.
- Company does not allow the Users residing in the aforesaid Indian states or outside the territory of India to play with real money or deposit amounts to play Games on the Platform. We verify User(s) location by utilizing certain technologies for monitoring of activities including logging of IP address and your geographical location and User(s) hereby consents for collection of aforementioned information. The Company reserves the right to delete/remove such Account(s) without any notice and in its sole and absolute discretion.
- Users agree and acknowledge that if a person residing in such Indian state becomes a User by giving false information, the liability shall be solely on the User and Company reserves the right to delete/remove such Account without any notice and such User shall not have any right to redeem or demand the Account balance of such Account.
- You agree and accept that the Company shall not be liable or responsible for the breach of applicable state laws by any User. There may be applicable penalties imposed on such Users by the respective State Governments or the Central Government of India as the case may be.
- Users from all Indian states have to always ensure that they are complying with the applicable state laws, and we will attempt to post any changes that we seem appropriate to better educate the Users. You agree and acknowledge that our decision in this regard will be final and binding, and no consideration whatsoever will be extended to the User.
I. Security
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Access to your Account and to add, delete or modify any Content on your Account is password / OTP
protected.
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We are not liable for any loss, damages or expenses of any kind incurred or suffered by you arising
from or in connection with any failure, delay or interruption, interception, interference, in
transmitting passwords/OTPs due to any failure of the mobile service network or any other circumstance
beyond our reasonable control.
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You agree that you will not disclose your password / OTP to anyone or allow any other person to access
or use your Account. We are not responsible if your Account is accessed or opened by other persons
using your password. You shall be held solely responsible and liable for all of your activities on the
Platform made from your Account.
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You understand that it is your obligation to protect the information you have provided on the Platform
including, but not limited to usernames, passwords, email addresses, contact details, bank account
information etc. You explicitly understand and agree that we will not incur any liability for
information provided by you to anyone which may result in your Account on the Platform being exposed
or misused by any other person or any other harm or loss being suffered by you.
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Provided that Company or its employees have not engaged in fraud or gross negligence, Company shall
not be liable to a User for any authorised transaction which has been executed through the Platform as
a result of:
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fraud committed by any User using User’s access credentials before the User has notified
Company in writing of the loss or theft or such access credentials , as a result of which
Company has been unable to take any action to disable the access credentials;
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fraud committed by third parties against Users which may not be preventable by, or occur
despite the security systems of the Platform;
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a voluntary action or transaction initiated suo motu by any User at the behest of another
User, which is not initiated by Company for the transfer of funds, credit or stored value to
another User;
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the security, accuracy, legality, appropriateness or any other aspect of the Content or
function of any third party’s products or services on our Platform;
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responsibility for the underlying transactions involving funds between you and the
sender/recipient of a payment or the actions or identity of any transfer recipient or sender.
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You should routinely check the Account Balance section of your Account to ensure that there has been
no unauthorised use of your Account. If you suspect any unauthorised activity you must change your
password immediately and contact the Support at care@zupee.com.
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Please also contact us immediately if your mobile or computer device through which you access the
Platform has been lost, stolen or compromised in any way or someone has used or may use your mobile or
computer device or credentials without your authorisation or if you become aware of any unauthorised
use of your Account.
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You should only transact with a third party product or service that you know. While the Platform may
provide a link between the sender and the recipient of cash or credit balance(s) all payment
transactions or any communications/offers are carried out through the Platform are solely between the
sender and recipient of the payment and is not a party to and will not be responsible for any
disputes, chargebacks or reversals arising pursuant to payment transactions solicited or initiated by
and between Users.
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Please note that we can terminate or suspend your Account and all associated accounts, institute fraud
prevention measures such as access restrictions, transaction velocity restrictions etc., without prior
notice to prevent unauthorised use of our Platform. You must co-operate with us in any investigation
and use any fraud prevention measures we prescribe, and you agree that we will not be liable to you or
any third party for any block, suspension, cancellations, or termination of your use of an Account
owing to such measures.
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You are hereby informed that any and all information associated with any fraudulent transaction may be
shared by Company (with or without demand) with the Government of India or any agency thereof, for the
purpose of verification of the identity of User, or for prevention, detection, investigation,
prosecution, and punishment.
J. User Conduct
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In accessing or using our Platform you agree that you will not:
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a. use any automated device, software, process or means to access, retrieve, scrape, or index
our Platform or any Content thereon without our express prior written consent;
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b. use any device, software, process or means to interfere or attempt to interfere with the
proper working of our Platform;
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c. undertake any action that will impose a burden or make excessive traffic demands on our
infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate
site usage;
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d. use or index any Content or data on our Platform for purposes of competing with us in any
manner that we have not specifically authorised; transmit spam, chain letters, games, junk
email, surveys, or other mass messaging, whether commercial in nature or not;
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e. use our Platform or any Content there from in any manner which is, in our sole discretion,
not reasonable and / or not for the purpose it is made available;
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f. violate the rights of any person, including copyright, trade secret, privacy right, or any
other intellectual property or proprietary right;
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g. pose as any person or entity or attempt to solicit money, passwords or personal information
from any person;
- h. act in violation of any Terms of using our Platform;
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i. reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative
works or adaptations of, publicly display, sell, trade, or in any way exploit our Platform or
any Content thereon, except as expressly authorised by us; or
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j. transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or
other items of a destructive nature.
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If you choose to submit any content by way of question on the Platform, you hereby warrant that no
Contribution (defined hereinafter) shall:
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a. be considered to be, unlawful, threatening, abusive, bigoted, hateful, libelous, tortious,
blasphemous, false or misleading, discriminatory, defamatory, obscene, vulgar, offensive,
excessively violent, invasive of another’ privacy, publicity, contract or other rights,
pornographic or inclusive of nudity, pedophilic, profane, sexually explicit, indecent,
racially, ethnically objectionable, disparaging, relating or encouraging money laundering, or
otherwise unlawful in any manner whatsoever;
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b. constitute, advocate or encourage conduct that would constitute or give rise to a criminal
offense, civil liability or other violation of any local, state, national or international
law;
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c. constitute or contains false or misleading indications of origin or statements of fact;
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d. belongs to another person and to which you do not have any right to, or infringe the
intellectual property rights (whether registered or unregistered) of Company or any third
party;
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e. contain any information, software or other material of a commercial nature or is patently
false or untrue;
- f. contain advertising, promotions or commercial solicitations of any kind;
- g. harass or harm another person;
- h. exploit or endanger a minor;
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i. impersonate or attempt to impersonate any person or entity or mislead or attempt to mislead
another person regarding your identity;
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j. threaten the unity, integrity, defence, security or sovereignty of the territory, friendly
relations with foreign states, or public order or causes incitement to the commission of any
cognizable offence or prevents investigation of any offence or is insulting any other nation.
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As it concerns the content uploaded by you, without prejudice to your obligation to otherwise comply
with applicable laws during the course of using the Platform, you agree to hereby comply with any and
all applicable laws, as well as any other rules and restrictions that may be set forth herein or on
the Platform. Company may not be held responsible for any content posted, or contributed by Users on
the Platform.
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The Users admit that they may be exposed to Content posted by other Users which they may find
offensive, obnoxious, or indecent and that we may not be able to prevent such Content from being
posted. Such Content should be brought to our notice. We shall act upon the information as it deems
acceptable. The decision taken by the management of the Company in this regard shall be final and
binding on the User and you specifically agree that we shall not incur any liability under any
circumstance whatsoever regarding the same.
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We reserve the right to prevent unauthorised access to or use of our Platform, including, but not
limited to, instituting technological barriers, or reporting your conduct to any person or entity.
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In the event, we have reasonable grounds to believe that your activities include any of the acts
specified above, we may initiate appropriate legal action against you as well as notify the relevant
regulatory or law enforcement authorities where appropriate in addition to any other available
remedies under law or equity, apart from restricting or suspending or terminating your use of the
Platform.
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You shall not purchase, sell, assign, trade, rent, loan, lease, license, grant a security interest in,
or transfer your User Account, any content, currency, points, standings, rankings, ratings, or any
other attributes appearing in, originating from or associated with the Platform.
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Users agree to abide by these Terms and all other rules, regulations, and terms of use of the
Platform. In the event User does not abide by these Terms and all other rules, regulations, and terms
of use, Company may, at its sole and absolute discretion, take necessary remedial action, including
but not limited to:
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a. restricting, suspending, or terminating any User's access to all or any part of Services;
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b. deactivating or deleting a User's Account and all related information and files on the
Account. Any amount remaining unused in the User's game Account or winnings account on the
date of deactivation or deletion shall be transferred to the User's bank account on record
with Company subject to a processing fee (if any) applicable on such transfers as set out
herein; or
- c. refraining from awarding any prize(s) or withholding access to such infringing User.
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Users agree to ensure that they can receive all communication from Company by marking e-mails or
sending SMSs from Company as part of their safe senders list. Company shall not be held liable if any
e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User's junk or
spam folder.
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If a User chooses a username that, in Company's considered opinion is obscene, indecent, abusive or
that might subject Company to public disparagement or scorn, Company reserves the right, without prior
notice to the User, to change the User’s username and inform the User, or delete such username and
posts from Platform, deny such User access to Platform, or any combination of these options.
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Unauthorized access to Platform is a breach of these Terms, and a violation of the law. Users agree
not to access the Platform by any means other than through the interface that is provided by Company
for use in accessing Platform. Users agree not to use any automated means, including, without
limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites,
except those automated means that we have approved in advance and in writing.
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The use of the Platform is subject to existing laws and legal processes. Nothing contained in these
Terms shall limit Company's right to comply with governmental, court, and law-enforcement requests or
requirements relating to User’s use of the Platform.
- Company may not be held responsible for any content contributed by Users on the Platform.
K. Payment Terms
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In respect of any transactions entered into on the Platform for playing Games and contest(s), Users
agree to be bound by the following payment terms to which Users shall be bound when participating in
any game and the User will pay the contribution (Contribution) which will be inclusive of the
following:
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i. Pre-designated platform fee (Platform Fee) (for each kind of game hosted by the
Company, as described in within the Games) for access to the Platform. Such Platform Fee is
inclusive of applicable GST; and
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ii. Pre-determined Contribution towards the prize money pool (Prize Money Pool) of such
game/contest as stipulated by the Company, which will be passed on to the winner(s) of the
game/contest after the completion of the game/contest as per the terms and conditions thereto.
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Company reserves the right to deny its Platform/ Services to any User at its sole and absolute
discretion. Such denial would automatically disqualify a User from playing any Games hosted on the
Platform.
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Users by participating in any Games on the Platform hereby authorize and appoint CGames Customer
Solutions LLP or a third-party escrow account as determined by the Company as their payment collection
agent to collect and manage User funds for and on their behalf (Agent). For operational
convenience, the Users’ directions (for collection and settlement of payments) will be communicated to
the Agent through the Company (which will transmit the Users’ instructions to the Agent “as is”).
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Unless specifically identified in these terms, it is clarified that Company has no right or interest
in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the
Prize Money Pool in accordance with the game terms and conditions.
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In respect of any transactions entered into on the Platform, including making a payment to participate
in the Games, the Users agree to be bound by the following payment terms:
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a. Subject to these Terms, all amounts collected from the User are held in separate
non-interest earning bank account with an Agent. The said accounts are operated by the Agent
(or a third party appointed by the Company) in accordance with these Terms.
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b. From these bank accounts, the payouts can be made to, (a) Users (towards their
withdrawals of Winnings or Play Money subject to applicable taxes); and (b)
Company (towards its Platform Fees). The Agent shall receive and hold the amounts of
the Users in trust as a trustee of and for the benefit and use of the Users.
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c. Company receives only its share of the Platform Fees through the Agent and has no control
over the User funds held by the Agent in the dedicated non-interest earning bank account.
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d. Company reserves the right to charge a Platform Fee, which would be specified and notified
by it, prior to a User's joining of a game. The Platform Fee (inclusive of applicable tax
thereon) will be debited from the User’s Account balance and Company shall issue an invoice
for such debit to the User. The Platform fee (inclusive of applicable tax thereon) will be
debited from the Users Account balance and Company shall issue an invoice for such debit of
the User. The Platform Fee may be dynamic on a game to game basis and dependent on factors
such as, number of Users, eligibility criteria, ranking and server load etc., subject to the
Platform Fee being determined before the commencement of a game.
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e. The User may participate in a game wherein the User has to contribute a pre-specified
Contribution towards the Prize Money Pool of such game, which will be passed on to the
winner(s) of the game after the completion of the game as per the terms and conditions of such
game. The amount to be paid-in by the User towards the Prize Money Pool would also be debited
from the User’s Account balance maintained with the Agent.
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f. Any User availing Services are provided with the following categories of accounts for the
processing and reconciliation of payments:
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1. Play Money – comprises money contributed by the User through payment gateway (Play Money). Play Money, may be withdrawn by the User subject to KYC.
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a. Cashbacks is a discount Scheme offered to users by the company, as
communicated from the company from time to time (Cashbacks). Cashbacks by
itself cannot be withdrawn but can be used to play only. It reflects the
maximum discount that a User is eligible for subject to fulfillment of
specified conditions. Terms and Conditions of the Scheme will be communicated
from time to time. The Company will give a discount on the invoice for the
services availed based on the Cashbacks.
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2. Winnings – comprises of the money won by the Users by winning the game/contest(s)
(Winnings). Winnings can be withdrawn after an applicable tax deduction, if
applicable.
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3. Bonus – Bonus Money is a discount Scheme offered to a user by the company in the
form of bonus points or otherwise, as communicated to the company from time to time.
Bonus by itself cannot be withdrawn. It reflects the maximum discount that a user is
eligible for subject to fulfillment of specified conditions. Bonus Money can only be
adjusted towards the Platform Fee paid by the player for entering a tournament. This
can be reduced against the Platform Fee as an instant discount only (Bonus Money). Specific terms and conditions of the Scheme will be communicated from time to
time. Bonus Money accrued will be separately credited in the Bonus Money account. The
discount offered in the form of Schemes itself cannot be withdrawn.
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g. Discount Schemes for Users of the Platform:
-
1. The Company, at its sole discretion, may provide Discount Schemes, as offers for
Users of the Platform from time to time. The Discount Schemes may be called Bonus,
Cashbacks, Promotional offers and discounts etc. (Schemes) and details of the Schemes
will be communicated to the Users accessing the platform before availing the Schemes.
The said Schemes can be used by the Users on the Apps, subject to such terms and
conditions as may be prescribed.
-
2. The User will be eligible to avail and utilize the benefit of the Schemes offered
by the Company, subject to fulfillment of all the terms and conditions attached for
availment and utilization of each Schemes as communicated at the time of offer and
acceptance of the Scheme by the User and the Company. Such terms and conditions may
include details of such Schemes, their validity for availment/ utilization,
restriction in availment/ utilization when used in conjunction with other Schemes,
discounts or vouchers etc. The terms and conditions of such Schemes may be changed or
modified from time to time. Also, other general or special/ additional terms and
conditions may apply to such offers, which will be communicated to the User
beforehand. The User may avail Scheme on satisfying all the terms and Scheme
conditions.
-
3. In relation to the Services rendered on the Platform to the Users, the Company may
offer an instant discount on the invoice or pre-agreed discount based on the Schemes.
The discount will be reflected in the User’s wallet, as maybe applicable, at the time
of availment of the Scheme. The said Schemes offered can be utilized by the User
against the Platform fees and/ or Prize Money Pool, as per the terms of Schemes
offered.
-
4. The quantum and conditions for availing and utilizing each offered Schemes will be
communicated to the User before participating in a game or depositing Play Money.
-
5. The Company shall be under no obligation to provide such offers and reserves the
right to remove and modify such Schemes at any time.
-
6. The User voluntarily exercises the option to entail the benefit of the Schemes in
the nature of discounts by participating in the game and redeeming the Schemes such as
Bonus , Cashbacks, etc.
-
7. Cashback and Bonus or any other method of calculating a Discount Schemes will not
have any intrinsic value or any right of entitlement.
-
8. Depending upon the Discount Schemes attributable to taxable services rendered by
the Company, the discount offered will be reduced from the value of taxable services
in terms of Section 15 of the CGST Act for the purpose of discharging GST. Similarly,
Credit note for discount shall be issued as per the CGST Act, 2017 for the Discount
Schemes, wherever applicable.
-
h. In case there is any amount remaining to be paid by the User in relation to such User’s
participation in any game(s), the User will be taken to the designated payment gateway to give
effect to such payment which shall also be credited to the Account maintained by the Agent. In
case any amount added by the User through such payment gateway exceeds the remaining amount of
the Contribution, the amount in excess shall be transferred to the Account and will be
available for use in participation in the game(s) or for withdrawal in accordance with these
Terms.
-
i. Notwithstanding any other provisions, in cases where the Winnings are double credited to
the Users Account, the User hereby undertakes, agrees, and authorizes the Agent to have the
right to reclaim, impose lien and freeze the account of the User until the amount is
re-claimed by the Agent.
-
j. Debits from the Account for the purpose of enabling a User’s participation in a game shall
be made in order of the date of credit of amounts in the Play money, and accordingly, amounts
credited into Play Money earlier in time shall be debited first.
-
k. In order to request a withdrawal of any amount standing in the Play Money, the User must
first complete Company’s identity verification, and bank account verification, which will also
require submission of User’s PAN card and bank account details and by providing a reason for
withdrawal over email. Company shall effect an online transfer to the User's bank account on
record with Company by instructing the Agent on behalf of the User (to which the User
expressly consents), within a commercially reasonable period of time. Such transfer will
reflect as a debit to the User's Play Money. Company may, in certain exceptional circumstances
and at its sole and absolute discretion, refund the amount to the User after deducting
applicable cancellation charges and taxes including GST.
-
l. Further, withdrawal of any amount standing to the User's credit in the Winnings may be made
by way of a request to the Agent through the Company. In such case, Company shall cause an
online transfer to the User's bank account on record with the Company by instructing the Agent
on behalf of the User (to which the User expressly consents), within a commercially reasonable
period of time. Such transfer will reflect as a debit to the User's Winnings. Company shall
not charge any processing fee for causing the online transfer of such amount from the Winnings
to the User's bank account on record with the Company.
-
m. Winners shall be contacted by the Company through the registered e-mail address of the
Users. Users may be required to complete the verification process in order to raise the
withdrawal request. As a general practice, winners will be required to verify their e-mail
address & phone number along with following documents: (i) self attested photocopy of the
User’s PAN card and (ii) bank account details and proof of the User. The list of winners shall
be posted on a separate web-page on the Platform. The winners will also be intimated by
e-mail.
-
n. In the event that a User has been declared a winner on the Platform but has not received
any communication from the Company, such User may contact the Company within the time
specified on the Platform.
-
o. Company shall not instruct the Agent to provide for withdrawal of a User’s
prize(s)/accumulated Winnings/Play Money unless the above-mentioned documents have been
received and verified within the time- period stipulated by the Company. Only to those winners
who successfully complete the verification process and provide the required documents within
the time limit specified by the Company shall the Agent provide for (at the instructions of
the Company on behalf of the User, to which the User expressly consents) withdraw/receive
their accumulated Winnings/Play Money (or any part thereof).
-
p. Users they will be required to provide valid photo identification and address proof
documents for proof of identity and address in order for Company to process the withdrawal
request. The name mentioned on the User’s photo identification document should correspond with
the name provided by the User at the time of registration on the Company Platform, as well as
the name and address existing in the records of the User’s bank account as provided to the
Company. In the event that no bank account has been registered by the User against such User’s
Account with the Company, or the User has not verified his/her User Account with the Company,
to the Company’s satisfaction and in accordance with these Terms, Company shall provide such
User with a notification to the User’s email address as on record with the Company, and the
User shall register a bank account with his/her User Account and/or to verify his/her User
Account.
-
q. Company shall scrutinise all documents submitted and may, at its sole and absolute
discretion, disqualify any winner from withdrawing his accumulated Winnings (or any part
thereof) on the following grounds:
-
1. Determination by Company that any document or information submitted by the User is
incorrect, misleading, false, fabricated, incomplete or illegible; or
- 2. User does not fulfil the eligibility criteria; or
- 3. Any other ground as reasonably determined by the Company.
-
r. The User represents and warrants that the documents provided in the course of the
verification process are true copies of the original documents to which they relate.
-
s. Users are required to provide proper and complete details at the time of registration.
Company shall not be responsible for communications errors, commissions or omissions including
those of the Users due to which the results may not be communicated to the Winner.
-
t. Where any of the fixtures within a game are cancelled or abandoned without an official
result, all game entries are considered void and the Contribution shall be duly refunded to
User. There are no prize/Winnings pay-outs and platform fee charges for these voided Games.
-
u. If, in a transaction performed by you on the Platform, money has been charged to your card
or bank account and respective amount is not added to your Account within 24 hours of the
completion of the transaction, then you shall inform us by sending an e-mail to
care@zupee.com from your registered e-mail address. Please
include the following details in the e-mail – your (i) mobile number, (ii) transaction value,
(iii) transaction date and (iv) transaction ID. Company will investigate the incident and, if
it is found that money was indeed charged to your card or bank account without delivery of the
balance in your Account, then you will be refunded the money within 7 business days from the
date of receipt of your e-mail. All refunds will be credited to your Account.
-
v. The Company may withdraw and / or cancel any contest(s) to be conducted or already
conducted, without prior notice to any Users or winners of any Games / contest(s). In such an
event, Company shall effect a refund of the amount of Contribution money contributed by each
participant to be effected by instructing the Agent on behalf of the User (to which the User
expressly consents).
-
w. All Winnings from Games which are in excess of INR 10,000 (ten thousand) shall be subject
to withholding of tax deducted at source (TDS) as per the Income Tax Act 1961
(Act). The Winnings shall be the difference between Prize Money Amount won in a game
less the Contribution paid by the User. This tax shall be deducted before the Winnings are
credited into the game Winnings user gameplay money balances. As of April 1, 2018, the TDS
rate prescribed by the Government of India with respect to any prize money amount that is in
excess of Rs. 10,000 (Rupees Ten Thousand) is 30% (thirty percent) of the total prize money
amount. In case of any revision by the Government of India to the aforementioned rate in the
future, the TDS will be deduced by the Company in accordance with the then-updated prescribed
TDS rate. The winners will be provided TDS certificates in respect of such tax deductions. The
winners shall be responsible for payment of any other applicable tax, including but not
limited to, income tax, gift tax, etc. in respect of the prize money.
-
x. We reserve the right to deduct withholding tax under the applicable provision of the Indian
Income-tax Act, 1961 on any amounts that become due, payable or paid to you. In case we
believe that any such withholding tax is applicable, you agree that we can deduct and deposit
the tax and/ or any interest/ penalty with the Government treasury and debit the amount from
your Play Money and Winnings. You also agree to remit to us on demand any additional funds if
required to discharge any such liability.
-
y. You represent and warrant to Us that You are not in the business or profession of gaming or
playing games, and that any benefit/ perquisite received by You in form of discount, bonus
money, cashback etc from Us is not arising from any business or exercising of a profession by
You, for the purposes of section 194R of the (Indian) Income-tax Act, 1961
-
z. The decision of the Company with respect to the awarding of prizes shall be final, binding
and non-contestable.
-
aa. To the extent permitted by law, Company makes no representations or warranties as to the
quality, suitability or merchantability of any prizes and shall not be liable in respect of
the same.
-
bb. The Company may, at their sole and absolute discretion, vary or modify the prizes being
offered to winners, and Company has no control over the same. Users shall not raise any claim
against Company or question it’s right to modify such prizes being offered, prior and after
the closure of the Games.
- cc. The winners shall bear all transaction charges levied for delivery of cash prizes.
- dd. All prizes are non-transferable.
L. Prevention of Collusion and Fraud
- We are committed to promoting fair play on our Platform.
-
Our compliance team will track game play of all Users and strict action will be taken against any
User(s) caught colluding. By agreeing to these Terms, you agree not to indulge in any unfair game
practice that may provide undue advantage to you or any other User.
-
In the event any User is found undertaking such activity on the Platform, Company shall be entitled,
at its sole and absolute discretion, to suspend or terminate such User’s account. Company reserves the
right to permanently block the account of the User involved in such activity. Any amounts deposited by
such User on the Platform shall stand forfeited. Company reserves the right to impose monetary
penalties on Users found to be undertaking in such practices on the Platform.
-
We reserve the right to withhold any necessary action, as it deems fit, against Users found indulging
in unfair means. The action could include, inter alia, monetary penalties, temporary account
suspension, redemption blocking and/or permanent account deactivation. Any User involved in violation
of these Terms is liable for prosecution.
-
Depositing and withdrawing without playing any or a reasonable amount of Game(s) is a violation of our
fair play deposit and withdrawal policy. Consecutive deposits and withdrawals are considered as money
laundering actions, which is not permitted on the Platform. Any User found committing such an action
is in violation of our fair play deposit and withdrawal policy and further to investigation is subject
to a penalty fee.
-
Any User deemed to be a fraud User for any reason, for example, found depositing or withdrawing
from/to a fraudulent account, is subject to legal action from the Company’s management including but
not limited to the confiscation of the User's Account Balance and locking of the User's Account.
-
Users caught dumping coins between accounts will be levied a minimum penalty of 40% of the coins
dumped. Company reserves the right to permanently block the account and forfeit the coins (including
pending withdrawals) available in it if the User is found to be involved in any kind of malicious
activity / unfair game play. If you suspect any User colluding in any game or involved in unfair
practices, you can contact us via email us at care@zupee.com.
-
By using the Platform, including any sub-domains of the Platform, or related top-level domains
including mobile sites, apps, APIs and widgets and/or registering yourself with us, you authorize us
or our representatives to contact you via email or phone call or SMS including third party messaging
apps to offer you our services including but not limited to impart product knowledge, offer/explain
any promotional offers running on the Platform and offers offered by third parties, for which reasons,
personally identifiable information may be collected. Irrespective of the fact that you have
registered yourself under DND or DNC or NCPR service, you still authorize us or our representatives to
contact you by any means aforementioned for the above mentioned purposes or any other related purpose
till the time you are registered with us or even after cessation of registration.
M. Intellectual Property
-
The Platform includes a combination of Content created by Company, its partners, affiliates,
licensors, associates and/or Users. The intellectual property rights (Intellectual Property Rights) in all software underlying Company and the Platform and material published on the Platform,
including (but not limited to) Games, games software, advertisements, written Content, photographs,
graphics, images, illustrations, marks, logos, audio or video clippings and flash animation, is owned
by Company, its affiliates, partners, licensors and/or associates. Users may not modify, publish,
transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute,
publicly perform, publicly display, or in any way exploit any of the materials or Content on Company
either in whole or in part without express written consent from Company. Nothing in these Terms shall
be construed to convey and the Users by virtue of these Terms shall not acquire any ownership or other
interest or right in any intellectual property any of the materials or content on the Platform.
-
Users may request permission to use any Content by writing in to helpdesk at
care@zupee.com.
-
Users are solely responsible for all materials (whether publicly posted or privately transmitted) that
they upload, post, e-mail, transmit, or otherwise make available on the Platform (Users Content). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User's
Content and that no part of the User's Content infringes any third-party rights. Users further confirm
and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or
intellectual and proprietary rights of any third party on the Platform.
-
Users agree to indemnify and hold harmless Company, its directors, officers, employees, affiliates and
assigns from and against all costs, damages, loss and/ or harm including towards litigation costs and
counsel fees, in respect of any third party claims that may be initiated including for infringement of
Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels,
trademarks, copyrights or intellectual and proprietary rights on Company, by such User or through the
User's commissions or omissions. We reserve the right to assume the exclusive defence and control of
any matter otherwise subject to indemnification by you in which event you will assist and cooperate
with Company in asserting any available defences.
-
Users hereby grant to Company and its affiliates, partners, licensors and associates a worldwide,
irrevocable, perpetual, royalty-free, non-exclusive, sub-licensable, license to use, store, reproduce,
create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or
publish Users' Content for any of the following purposes:
- a. displaying Users' Content on Platform;
-
b. distributing Users' Content, either electronically or via other media, to other Users
seeking to download or otherwise acquire it; and/or
- c. storing Users' Content in a remote database accessible by end Users, for a charge.
-
This license shall apply to the distribution and the storage of Users' Content in any form, medium, or
technology.
-
The license shall not lapse due to non-use by Company whether under any provision of the Copyright
Act, 1957 or any other law.
-
All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the
Platform belonging to any person (including User), entity or third party are recognized as proprietary
to the respective owners and any claims, controversy or issues against these names, logos, marks,
labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to
the respective parties under notice to Company.
N. Testimonial Terms
-
Company may capture and obtain visual and/or audio recordings or performances, still images of the
User, and text provided by the User for the testimonial being provided towards the Platform (the
results of which are the Recordings). The Recordings provided by the User are
voluntary and Company is the sole and exclusive owner of all rights in and to the Recordings, and all
elements thereof (including, without limitation, the copyright thereto). Without prejudice to the
above, the User grants to Company a perpetual royalty-free license, to publicly use, distribute,
reproduce, create derivative works from, and perform/display the user’s name, voice, likeness,
appearance, biographical information, and other indicia of its identity as included in the Recordings
and any excerpts or version thereof for their marketing, in any language, and without any geographical
limitation. Company may incorporate the recordings and any separate content (e.g., quotes, photos,
videos, artwork, materials, etc.) to market their Platform and Services. The User also hereby waives
any right to inspect or approve the finished matter based on the Recording that may be used now or in
the future, whether that use is known to the user or unknown.
-
Company is not obligated to use the Recordings if it so wishes. The User will not attempt to enjoin or
otherwise impair Company’s use of the Recordings that is in accordance with this Release.
O. Third Party Sites, Services and Products
-
Platform may contain links to other Internet sites owned and operated by third parties. Users' use of
each of those sites is subject to the conditions, if any, posted by such third party sites. Company
does not exercise control over any Internet sites apart from Company and cannot be held responsible
for any content residing in any third-party Internet site. Company's inclusion of third-party Content
or links to third-party Internet sites is not an endorsement by Company of such third-party Internet
site.
-
Users' correspondence, transactions/offers or related activities with third parties, including payment
providers and verification service providers, are solely between the User and that third party. Users'
correspondence, transactions and usage of the services/offers of such third party shall be subject to
the terms and conditions, policies and other service terms adopted/implemented by such third party,
and the User shall be solely responsible for reviewing the same prior to transacting or availing of
the services/offers of such third party. User agrees that Company will not be responsible or liable
for any loss or damage of any sort incurred as a result of any such transactions/offers with third
parties. Any questions, complaints, or claims related to any third-party product or service should be
directed to the appropriate vendor.
-
The Platform contains Content that is created by Company as well as content provided by third parties.
Company does not warranty the accuracy, integrity, quality of the content provided by third parties
and such content may not be relied upon by the Users in utilizing the Services provided on the
Platform including while participating in any of the Games hosted on the Platform.
P. Privacy
-
By using the Platform and providing any of your personal information to the Platform, You
affirmatively consent and agree to comply with our Privacy Policy (link given above) , guidelines and
statements as may be applicable from time to time, which are incorporated into and forms an integral
part of these Terms. If you do not agree to the terms of the Privacy Policy in its entirety or have
objections to the use of your information, you may not access or otherwise use the Platform or its
Services.
Q. Disconnection and Technical Issues
-
You understand and acknowledge that once a game has commenced, not being able to play due to slow
internet connections, faulty hardware, technical failure due to customer’s hardware, internet
connection failure, low computer configuration or for any other reason not attributable to us does not
require us to issue a refund of the participation amount you may have paid for participation.
-
In case of any technical failures, server crashes, breakdowns, software defects, disruption or
malfunction of service at our end, as a policy, we will cancel the Game(s) and refund the
participation amounts after proper verification and no service fee will be charged for such Games and
you accept that we are not responsible to you in all such cases. For any game, we have the right to
cancel and refund the participation amount. In no case, other than a server crash, are we accountable
for any of the User’s disconnections from the server. We are also not liable for any prospective
Winnings from any incomplete game.
-
We do not hold any liability to any disconnection, lag, freeze or interference in network on the
User’s computer or any other external networks.
R. Enforceability
-
By registering, you are considered to have accepted and understood all the Terms herein and the
relevant Game specific rules and regulations. We recommend that you keep a copy of all transactions,
gaming rules, cancellation and payment policies. Our failure or delay to act or exercise any right or
remedy with respect to a breach of any of these Terms by you does not amount to surrendering or
waiving our rights to act with respect to any prior, concurrent, subsequent or similar breaches.
-
If any judicial or quasi-judicial body in India declares any of the provisions of these Terms to be
unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the
remaining provisions will not be affected. Any such inappropriate term or condition will be replaced
with another term or condition that is valid and enforceable and is in most nearly with effect to the
original invalid term. In such event, the parties shall be obligated to construe and interpret the
void, illegal or unenforceable provision with a valid, legal and enforceable provision in such manner
that corresponds as closely as possible to Company’s intent and objective in the void, illegal or
unenforceable provisions.
S. Disclaimer of Warranties
-
Company disclaims any and all warranties, expressed or implied, in connection with the underlying
software of the Platform, the Website and the Game(s), all of which are provided to the User as is.
-
You agree that use of the Services and the access to the Platform is at Your own risk. The Services
including the Platform, the Content, the Games, and any other materials contained on or provided
through the Platform are provided “AS IS” and, to the fullest extent permitted by law, are provided
without warranties of any kind, either express or implied. Without limiting the foregoing, Company
does not make any warranties of fitness for a particular purpose, title, merchantability,
completeness, availability, security, compatibility, or non-infringement; or that the Services will be
uninterrupted, free of viruses, malware or other harmful components, accurate, error free or reliable.
-
No person affiliated or claiming affiliation with the Platform has authority to extend such
warranties.
-
Without limiting the generality of the foregoing, to the maximum extent permitted by applicable law,
we shall have no liability for any damages or injury caused, in whole or in part, by contingencies or
issues beyond our reasonable control, including, but not limited to: the acts of third parties, errors
in the Content or the Platform, network failures, internet failures, software and hardware failures,
viruses and other system attacks, labor stoppages, riots, acts of government or god, natural
disasters, acts of terrorism, communication line failure, or theft, destruction of, unauthorized
access to, alteration of or use of records.
-
To the maximum extent permitted by applicable law, you hereby agree that you shall have no remedy in
respect of any statement, representation, assurance or warranty (whether made innocently or
negligently) that is not set out in these Terms. You agree that you shall have no claim for innocent
or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
-
The foregoing limitations shall apply regardless of whether (i) liability or damage is alleged for
breach of contract, tortious behaviour, negligence, or under any other theory or cause of action,
and/or (ii) the party against which liability or damages is sought was advised of the possibility
thereof. For the avoidance of doubt, nothing in these Terms shall limit or exclude liability for (i)
death or personal injury caused by negligence; or (ii) fraud.
-
To the maximum extent permitted by applicable law, you agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to these Terms, the Platform, or
any part thereof, must be asserted within one (1) year after such claim or cause of action arose, or
it shall be forever barred.
-
You agree and acknowledge that Company does not promise or ensure that you will be able to access your
Account whenever you want. It is entirely possible that you may not be able to access your Account or
the Platform provided by Company at times or for extended periods of time due to, but not limited to
system maintenance and updates.
-
You agree and acknowledge that participation in the Games of skill hosted by the Company may result in
financial loss to you. With full knowledge of the facts and circumstances surrounding the Game(s)
hosted on the Platform, you are voluntarily participating in the Game(s) and assume all responsibility
for it and risk resulting from your participation, including all risks of financial loss. Company
makes no guarantees, warranties, representations, or other promises relating to the game(s) and
assumes no liability or responsibility for any financial loss that you may sustain as a result of
participation in the Game(s).
-
You will be solely responsible for any delay and/or damage to your computer systems or loss of data
that results from the installation of any software on your computer and we expressly disclaim
liability for any such failure and/or delay.
-
You agree to assume the entire risk as to the results and performance of any software and/or Game(s)
availed by you on the Platform. As such, the result and performance among other things depends on your
internet connection and hardware. You also assume the entire cost of all servicing, repair and/or
correction of your hardware when you access, download or execute software or Game(s) available on the
Platform. We explicitly disclaim liability for any delay or failure to perform resulting from
installation of any software on your computer.
-
You specifically acknowledge, agree and accept that we are not liable to you for: (i) the defamatory,
offensive or illegal conduct of any other User or for anything that turns out to be misleading,
inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another
User or otherwise; (ii) any loss whatsoever arising from the use, abuse or misuse of your Account on
our Platform; (iii) any loss incurred in transmitting information from you to our Platform by the
Internet or by other connecting media; (iv) any technical failures, system breakdowns, defects,
delays, interruptions, manipulated or improper data transmission, loss or corruption of data or
communications' lines failure, distributed denial of service attacks, viruses or any other adverse
technological occurrences arising in connection with your access to or use of our Platform; (v) the
accuracy, completeness or currency of any information services provided or any statistics shown on the
Platform.
T. Indemnification and Limitation of Liability
-
You clearly understand and agree that Company shall under no circumstances (including, without
limitation, in contract, negligence or other tort), be liable for any direct, indirect, ancillary,
special, incidental, consequential or exemplary or punitive damages. This includes, but is not limited
to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or
damage to property, damages for monetary loss, goodwill, use, data or other intangible loss (even if
Company has been advised of the possibility of such damages), resulting from or arising out of the use
of or the inability to use the Platform, even if we have been advised or become aware of the
possibility of such damages or loss or that such loss was foreseeable.
-
You agree to indemnify us and each of our respective general and limited partners, Users,
shareholders, directors, officers, employees, agents, representatives, vendors and business partners
harmless from and against any and all claims, liabilities, obligations, losses, costs or debt, damages
and expenses (including attorneys' fees and court costs) arising out of or relating to:
-
a. breach of these Terms, in tort (including negligence) third party claims or liabilities
arising against Company out of such a breach, based in contract, tort, statute, fraud,
misrepresentation, or any other legal theory, and regardless of whether a claim arises during
or after the termination of these Terms;
-
b. your use of the Platform in any matter that is contrary to applicable laws, with an intent
to deceive , defraud cheat, mislead or solicit any business, monetary or non-monetary
consideration or information from another User;
-
c. your breach of any applicable laws or governmental or judicial order which applies to your
use of the Platform from a specific geography;
-
d. your use of the Platform, including but not limited to your posting, use of, modification
or interaction with any content on the Platform;
-
e. any unauthorized, improper, illegal or wrongful use of your Account by any person,
including a third party, whether or not authorized or permitted by you;
- f. your User Content;
-
g. use by any other person accessing the Platform using your username or password, whether or
not with your authorization,
- h. the use by us of information provided by you through our Platform.
-
i. from any income tax demand raised (including and not limited to tax, interest, penalty,
withholding tax or any other amount payable under the Indian Income-tax Act, 1961) arising on
account of your misrepresentation and/ or your non-compliance of the terms and conditions
mentioned therein. You agree that any income tax demand (including and not limited to tax,
interest, penalty, withholding tax or any other amount payable under the Indian Income-tax
Act, 1961) which is paid/ payable by us in this regard, will be recovered by us and debited
from your Play Money and Winnings.
-
This indemnification obligation will survive the expiry or termination of these Terms and your use of
the Platform.
-
There could be instances where Company is not able to receive prompt updates about the change in
applicable laws of your place of stay. It is your obligation to ensure that any activities you engage
on the Platform are legal as per the applicable laws. You agree to indemnify and hold harmless,
Company or its Platform, from any claim, demand, damage, or loss whatsoever coming out due to your
non-compliance with the laws of your jurisdiction.
U. Termination
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We may change, suspend or discontinue any aspect of the Platform at any time, including the
availability of any Platform’s feature, database, or Content. We may also impose limits on certain
features and services or restrict your access to parts or the Platform, without notice or liability at
any time in our exclusive discretion, without prejudice to any legal or equitable remedies available
to us, for any reason or purpose. However, under normal circumstances, we will only do so where there
has been conduct that we believe violates these Terms or other rules and regulations or guidelines
posted on the Platform or conduct which we believe is harmful to other Users, to our businesses, or
other information providers.
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Upon any termination of these Terms, you shall immediately discontinue your use and access to the
Platform and destroy all materials obtained from it. You hereby agree and consent to the above and
agree and acknowledge that we can, at our sole discretion, exercise our right in relation to any or
all of the above, and that we shall not be liable in any manner of the same; and you agree,
acknowledge and consent to the same.
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You acknowledge that your representations, undertakings, and warranties and the clauses relating to
indemnities, limitation of liability, grant of license, governing law and jurisdiction,
confidentiality shall survive the efflux of time and the termination of these Terms.
V. Agreements with Escrow Agent, as applicable
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Company shall enter into separate agreements with Agent/s for regulating their inter-se contractual
obligations to give effect to these Terms from time to time, as it considers appropriate and necessary
in its sole discretion. The Users are not and shall not be regarded as beneficiaries of such
agreements. The Users shall have no privity of contract in connection with such agreements with the
Company and Agents.
W. Publicity
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Acceptance of a prize by the Winner constitutes permission for Company, and its affiliates to use the
winner's name, likeness, voice, and comments for advertising and promotional purposes in any media
worldwide for purposes of advertising and trade without any further permissions or consents and/or
additional compensation whatsoever. The winners further undertake that they will be available for
promotional purposes as planned and desired by Company without any charge. The exact dates remain the
sole discretion of Company. Promotional activities may include but not be limited to press events,
internal meetings and ceremonies/functions.
X. Dispute Resolution
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In case you have any grievances with respect to the Platform or the Services, You can send us an email
to the grievance officer Avijit Sharma at
nodal@zupee.in (hereinafter referred to as Nodal
Officer and Grievance Officer). We reserve the
right to replace the Nodal Officer at any time without any notice or intimation to you. You can
directly escalate any disputes to our management team by contacting the Nodal Officer.
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Subject to the clauses below, the courts of competent jurisdiction at Haryana shall have exclusive
jurisdiction to determine any and all disputes arising out of, or in connection with the Platform
provided by Company (including the games, construction, validity, interpretation and enforceability of
these Terms, or the rights and obligations of the Users), as well as the exclusive jurisdiction to
grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All
such issues and questions shall be governed and construed in accordance with the laws of India.
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In the event of any legal dispute (which may be a legal issue or question) which may arise, the party
raising the dispute shall provide a written notification (Notification) to the other
party. On receipt of Notification, the parties shall first try to resolve the dispute through
discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days
of receipt of Notification, the dispute shall be settled by arbitration.
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The seat and venue of arbitration shall be Gurgaon, India. All arbitration proceedings shall be
conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act,
1996, as amended from time to time. The parties shall mutually appoint a sole arbitrator.
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The arbitration award will be final and binding on the parties, and each party will bear its own costs
of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides
otherwise.
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The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific
performance and such orders would be enforceable in competent courts of Gurgaon. The arbitrator shall
give a reasoned award.
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Nothing contained in these Terms shall prevent Company from seeking and obtaining interim or permanent
equitable or injunctive relief, or any other relief available to safeguard its interest prior to,
during or following the filing of arbitration proceedings or pending the execution of a decision or
award in connection with any arbitration proceedings from any courts of competent jurisdiction at
Haryana to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver
on the part of Company to pursue any remedy for monetary damages through the arbitration described
herein.
Y. User Balances
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The User hereby consents to the transfer of his/her gameplay money balance(s) from the bank account of
the existing escrow agent to a single nodal account (by whatever nomenclature, for the pooling of such
gameplay money balance(s)) operated by any third party, Agent or an external escrow agent appointed by
Company, and such gameplay money balance(s) shall be utilizable by the User on the Platform.
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Notwithstanding anything contained in these Term or any other policies, but subject to applicable law,
Users agree and acknowledge that should the User Account remain inactive for a period of [12 (twelve)]
months, Company will transfer such amount in the User’s gameplay money balances to a reserve account
maintained by Company (Reserve Account) from which the User may claim such gameplay money
balances, subject to the User’s consent to additional KYC and user identification measures for
claiming amounts from such Reserve Account. Company will notify the User of the existence of such
unused balance and the transfer thereof 45 (forty-five) days prior to the date of expiry of the Play
Money amount by way of SMS, email, or call. The User agrees that if the User does not use the Services
or utilize the gameplay money balances or request for a refund (where applicable), during such notice
period then he/she consents to the transfer of the amount in the gameplay money balances, which shall
be utilized by Company for spreading awareness on safety measures and best practices for online
gaming.
By agreeing to these Terms you agree to (i) these terms, (ii) the Privacy Policy and (iii) any other
policy or terms provided by Company.
