Last Updated: 25/03/2020 (Version 1.1)
Welcome to Gamesapp, a mobile gaming platform offered by Xogo Tech Pvt Ltd., a company incorporated under Indian law, having its registered office at A1-701, Palm Grove Heights, Ardee City, Sector 52,, Gurugram, Haryana 122011, hereinafter referred to as “Gamesapp” , ”we”, ”us”, or “Company”.
Gamesapp provides a mobile gaming platform on which we will offer multiple skill-based games, which may be played for real money (“Games”), among other features.
The individual intending to use or using our Games, is hereinafter referred to as “Customer”, “User”, “you”, “him/her”, or “they”.
Further, by visiting, accessing and using the App or the Games:
You declare that you are competent under Indian laws to agree to and be bound by these Terms and are above the age of 18 years;
You have the mental capacity and are of sane mind to take responsibility for your actions and consequences arising out of such actions involving the use of the App; and
You are solely responsible for complying with all applicable central and state laws and agree that you shall not access the App from Sikkim, Nagaland, Telangana or any other State whose laws restrict real-money gaming (“Restricted States”) for any reason whatsoever.
Kindly review these Terms periodically. The Terms may be updated / modified at any time and from time to time, for any reason at the sole discretion of Gamesapp and with prior notice to you. Such updates/modifications will become effective immediately upon its posting on the App. You will be informed of the updates / modifications by way of an email or notification upon log in / sign in to the App.
Your continued use of the App following the posting of the updates / modifications to the Terms will be deemed to be your acceptance of the revised Terms.
The Games are offered exclusively to registered Users and are not open to unregistered users.
When you register an account on the App:
You agree to provide true and accurate information for the purpose of registration, (e.g.; name, contact number, age, one-time-password (OTP), email address, gender, state of residence etc, bank and UPI details., as may be required);
You understand that if you indicate, while entering an address, that you are located in a Restricted State, you will not be permitted to proceed to sign up for any Games offered for real money;
You will receive an OTP on the contact number provided by you, for the purpose of verification;
You understand that from time to time, you may be provided with additional codes or passwords necessary to access and use certain offerings, features or functions of the App;
You undertake that you shall have only one User account and not multiple accounts registered with the App;
You undertake not to share your User account details such as your username and password with any other person for their use of the App;
You agree to get periodic SMS, email and/or mobile-app-based alerts and newsletters from Gamesapp, whether for offers and promotions or transactional communication; and
You agree to notify Gamesapp immediately if you become aware of or believe there is or may have been any unauthorized use of your username and/ or password or if you feel any other need to deactivate your User account due to security concerns.
If you have any security related concerns, please contact our Support team at email@example.com.
You should not use the App or the Games:
for any purpose that is unlawful, illegal or forbidden by law;
to play any real money Games if you reside in a Restricted State, and you are solely responsible for evaluating and assessing the law in your respective State’s jurisdiction;
In any manner that harms Gamesapp or its directors, employees, affiliates, distributors, partners, service providers, and / or any other User;
to remove any copyright and other proprietary notices contained in any content on the App;
to copy, decompile, reverse engineer, or otherwise attempt to discover any source code, sell, assign or otherwise transfer any intellectual property in the App;
to send communications containing unsolicited / unauthorized advertisements, promotions or marketing material; or
in any manner other than as agreed in the Terms.
When you use the App, including but not limited to its ‘Match-Up’ feature, you specifically undertake not to host, display, upload, modify, publish, transmit, update or share any content, through the App, that:
Belongs to another person and to which you have no right;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
Harms minors in anyway;
Infringes any patent, trademark, copyright, or other proprietary rights;
Violates any applicable laws;
Deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing in nature;
Impersonates another person;
Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or
Threatens the unity, integrity, defence, security, or sovereignty of India, 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.
Gamesapp shall have the right to discontinue offering the Games for all or any Users at any point in time and for any reason including but not limited to the breach of the Terms, and if a User attempts to access the App from a Restricted State.
Gamesapp shall have the right to refuse offering the Games to the User if the User does not or fails to register himself/herself/itself with Gamesapp according to the registration process of Gamesapp.
Gamesapp has the right to publish, quote, cite the User and/or his/her organization’s logo, use of Games, comments about the App and/or Games on the App or on 3rd Party sites, in electronic or print form, either in part or whole for activities including but not limited to, case studies, marketing, advertising itself, its App and/or Games without prior consent of the User or his/her organization, whether in writing or oral.
The User acknowledges and agrees that all the rights, title and interest in the App and/or the Games and all the intellectual property rights therein or related thereto are solely and absolutely owned or licensed by Gamesapp and shall continue to vest with Gamesapp during and after the term of this Agreement. Gamesapp may procure or license third party components such as software, solutions, etc., (“Third Party Software”), to develop the App and/or the Games.
Nothing in this Agreement provides any right, title and interests of assignment or ownership in the App and/or the Games or the Intellectual Property rights therein or associated therewith to the User, and Gamesapp reserves all rights in relation thereto not expressly granted to the User under these Terms.
Gamesapp grants to you a limited royalty-free right and license for non-commercial use of the App.
The User agrees not to copy, modify, create any derivative work of, or include in any other products, the App or Games or any portion thereof. The User further agrees not to either directly or indirectly decompile, disassemble, decipher, reverse engineer, re-engineer or otherwise attempt to derive the source code or the underlying ideas, algorithms, structure or organization of the App or Games.
You hereby grant Gamesapp a perpetual, non-revocable, worldwide, royalty-free license to use, copy, distribute, display, reproduce, modify, adapt, the content posted/published by you on the App and further waive any rights that you may have under Section 19(4) of the Copyright Act, 1957.
"Gamesapp", the Gamesapp logo, “MatchUp”, the Matchup logo, “Matchup Games” and any other product or service name or slogan displayed on our App and/or Games are trademarks, whether registered or unregistered, of Xogo Tech Pvt Ltd., and may not be copied, imitated or used, in whole or in part, without the prior written permission of Xogo Tech Pvt Ltd. In addition, the look and feel of our Games and Match-Up feature, including all page headers, custom graphics, button icons and scripts, and software features, are the service mark, trademark and/or trade dress of Gamesapp and may not be copied, imitated or used, in whole or in part, without our prior written permission. All third party trademarks, registered trademarks, product names and company names or logos mentioned in our Games are the property of their respective owners. Reference to any products, services, processes, trade name, trademark, or other information of a third party does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
Our App may display, or contain links to, third party information, products, services, and websites. Any opinions, advice, statements, services, data feeds, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our App, or which is accessible through or may be located using our App (collectively, "Third Party Content") are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives. We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using our Games, you may be exposed to content that is offensive, indecent, or objectionable. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our App and Games.
Gamesapp may offer a chat feature / chat functionality (text, audio and/or video) to enable communication between Users on the App, whether or not as part of a feature known as ‘Match-Up’. Gamesapp’s role is limited to providing the App and the Games. With respect to User content and communication between Users, Gamesapp’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, Gamesapp has no responsibility and / or liability in respect of any User content on the App.
In the Match-Up Version feature on the App, Users can select ‘filters’ such as age and gender and get matched with playing partners accordingly, to play the Games. Users would then play the Games with each other based on who they are matched with. An entry fee may be payable by Users to use the Match-Up feature. However, the Games in the Match-Up feature are not played for stakes and Users cannot win real-money or prizes by playing the Games on the Match-Up feature.
Gamesapp - as an ‘intermediary’ under the Information Technology Act, 2000, for the purpose of content posted by Users - does not pre-screen User content or communications between Users. Gamesapp has no obligation to monitor any User content apart from its obligations as an ‘intermediary’ under the said Act.
If Gamesapp suspects any illegal, wrongful or fraudulent activity on the App by any User, notwithstanding any other rights Gamesapp may have, Gamesapp reserves the right to inform the relevant government or law enforcement authorities. Gamesapp will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
Gamesapp will consider all communications, requests and suggestions sent by Users and other members of the public provided that such communications are sent in a bona fide manner in good faith. However, Gamesapp is not under any obligation to act on any such communications, requests and suggestions or respond to any one. Gamesapp’s decision in this respect shall be final. Specifically, if any such request relates to a request / demand to take down/ disable/ remove/ delete any User content, App content, or User communication, Gamesapp is under no legal obligation to respond to or act on such requests. Gamesapp will take such action as Gamesapp is required to take under applicable law. If there any valid court order or administrative order issued requiring Gamesapp to take any action, then Gamesapp will comply with such court order or administrative order.
In respect of any transactions entered into on the App, including making a payment to participate in the paid versions of Games for real-money gaming or to use in-app features such as Match-Up (“User Funds”), Users agree to be bound by the following payment terms: The payment of amounts Users make to participate in the Games is inclusive of the platform fee for access to the Games charged by Gamesapp and the the User’s contribution towards the prize money / winnings pool.
Any User Funds deposited by the User shall be stored on a closed loop e-wallet (“App Wallet”). The App Wallet is divided into a deposit wallet and a winnings wallet. Users may deposit User Funds into the deposit wallet via a bank transfer, Paytm, or through a United Payments Interface (UPI) or such other payment modes as accepted by Gamesapp from time to time. Users may also receive bonus tokens in the deposit wallet as intimated by Gamesapp from time to time. Users may receive winnings in the winnings wallet of the App Wallet by winning Games.
Amounts available in a User’s deposit wallet may only be used towards the Games and in-app features and may not be withdrawn to a User’s bank account or other payment instrument. A User shall be permitted to withdraw any amounts credited into a User's winnings wallet by following the steps on the App. All amounts credited into a User's deposit wallet must be utilised within 365 days of credit. In case any unutilised amount lies in the App Wallet after the completion of 365 days from the date of credit of such amount, Gamesapp reserves the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to the User.
Withdrawal of any amount standing to the User's credit in the winnings wallet may be made by way of a request to Gamesapp following the steps on the App, but shall occur automatically upon completion of 365 days (“Auto Transfer Date”) from the date of credit of such amount in the User's winnings wallet. In either case, Gamesapp shall effect an online transfer to the User's bank account on record with Gamesapp within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's winnings wallet. Gamesapp shall not charge any processing fee for the online transfer of such amount from the winnings wallet to the User's bank account on record with Gamesapp. Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address in order for Gamesapp 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 Gamesapp, as well as the name and address existing in the records of the User's bank account as provided to Gamesapp. In the event that no bank account has been registered by the User against such User's account with Gamesapp, or the User has not verified his/her User account with Gamesapp, to Gamesapp's satisfaction and in accordance with these Terms and Conditions, Gamesapp shall provide such User with a notification to the User's email address as on record with Gamesapp at least 30 days prior to the Auto Transfer Date (as defined above), and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by the Auto Transfer Date, Gamesapp shall be entitled to forfeit any amounts in the winnings wallet subject to transfer on the Auto Transfer Date. Failure to provide Gamesapp with a valid bank account or valid identification documents (to Gamesapp's satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause.
Subject to these Terms, all amounts collected from the User are held in a separate bank account by Gamesapp, whom each User hereby appoints as their duly appointed agent to collect the payment due to them. From such bank account, the payouts can be made to (a) Users (towards their withdrawals from the winnings wallet), (b) Gamesapp (towards its platform fees) and to (c) Government (towards TDS on winnings amounts).
Users agree that once they confirm a transaction on Gamesapp, they shall be bound by and make payment for that transaction.
The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that Gamesapp has on third parties, any transactions on Gamesapp Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User's App Wallet may take up to 24 hours to reflect in the User's App Wallet balance. Users agree that no complaint or claim shall lie against Gamesapp in respect of any delay, including any lost opportunity to join any Game or match due to delay in crediting of transaction amount into any of the User's accounts.
A transaction, once confirmed, is final and no cancellation is permissible.
Gamesapp may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount in the deposit wallet to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.
You acknowledge and agree that certain information available on the App may be designated as confidential by Gamesapp and you will not disclose such confidential information to any third party, without having obtained prior written consent / authorisation from Gamesapp.
Each Party represents and warrants that it has the right to disclose to the other and grant the other Party access to any information disclosed, or that may be disclosed, to the other Party.
The User represents and warrants that all statements and declarations, including but not limited to those relating to the User’s State of residence and location of playing the Games, and other personal information and financial information, are true and complete.
The User hereby represents, warrants and covenants that he/she/it shall not utilize the App and/or Games except for the purposes specifically contemplated under this Agreement or any other agreement entered into with Gamesapp or specific purposes detailed by Gamesapp separately and such purposes shall automatically form part of this Agreement.
The User hereby represents, warrants and covenants to Gamesapp that in the event of any suits, claims, disputes or such differences as are brought directly or indirectly against Gamesapp by a third party as a consequence of breach of the terms and conditions of this Agreement by the User, the User shall at his/her sole cost assist Gamesapp in defending such suits, claims, disputes or differences or indemnify Gamesapp for the same, and any loss arising therefrom.
The User represents, warrants and covenants that no copies of this App or any portions thereof may be made by the User or any person under the User’s authority or control. The User agrees not to assign or share User’s passwords and username(s), if any, with any person whosoever.
The User acknowledges that the User will be entitled to use certain Games only upon completing the requisite registration formalities as provided on the App or elsewhere, as designated by Gamesapp.
A. Suspensions of User accounts by Gamesapp
There may be circumstances wherein Gamesapp will be required to suspend the User account which will prevent you from accessing and utilising the App. In such events, Gamesapp may also be required to supply relevant User details and data to the applicable authority, regulator, court or other third parties including to comply with applicable laws or court orders/judgments. These actions will be taken in the event Gamesapp has any reason to believe that your User account may be used for, including but not limited to, the following activities:
Fraud or attempt to defraud;
Involvement in collusion, rigging or cheating of any kind;
Gamesapp has reason to believe you are less than 18 years old;
You are in a jurisdiction, wherein your use of the App or the provision of the Games is illegal, such as a Restricted State;
You are trying to access App from any other territory from where Gamesapp does not accept Users;
You are violating these Terms in any manner.
If investigations are ongoing and unresolved issues remain, then Gamesapp will continue to suspend the User account.
Gamesapp reserves the right to suspend your User account at any time for any reason. Gamesapp also reserves the right to initiate appropriate civil or criminal action against you in the event of violation of these Terms or applicable laws.
Upon suspension of your User account, regardless of the reason(s), your right to use the App and immediately ceases. Gamesapp shall not be liable to you or any third party for any claims or damages arising out of any suspension of your User account or any other actions taken in connection with such account suspension.
B. Deactivation of User account by You
You may deactivate your User account at any time by selecting “Deactivate User Account” on the settings page. You may also deactivate your User account by writing to Gamesapp at firstname.lastname@example.org. Should you wish to resume using the App, you will be required to reactivate the existing account at any time by re- registration link on the home page or writing to Gamesapp at email@example.com.
We exclude all representations and warranties relating to the App including content therein. Gamesapp disclaims any representation and warranties for the security, reliability, quality, timeliness, and performance of (i) the App and content on the App; (ii) third party products or services advertised on or received through any links or other sources provided on the App; (iii) any information, content or advice received through third party sites or links provided on the App. Gamesapp makes no warranty or representation that any errors in the App will be corrected.
You agree that use of the App is at your sole discretion. Gamesapp is not responsible for any consequences arising out your use of the App, or your breach of these Terms.
The App is provided on a “AS IS” and “AS AVAILABLE” basis. Neither Gamesapp nor any third party service providers are liable for any network, technical or other operational difficulties or problems which may result in loss of your data, monetary loss, personalization settings or other interruptions in the features offered on the App. Neither Gamesapp nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any features or other aspects of the App, content on the App or your personalization and / or User account settings.
To the fullest extent permitted by law, Gamesapp is not and will not be liable for any indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill) arising out of or in connection with the App or the Games, even if Gamesapp has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation to damages due to: (a) the use of or the inability to use the App or the Games; (b) conduct of any User on the App; (c) unauthorized access to or alteration of transmissions or data; (d) malicious or criminal behaviour, or false or fraudulent transactions; (e) technical or other operational lapses on the App; or (f) incomplete or inaccurate declarations or information by the User; or (g) government action against the User. In any event, and without prejudice to the foregoing, the liability of Gamesapp arising out of the Agreement shall not exceed INR 10,000.
You agree to defend, hold harmless and indemnify Gamesapp and the licensors, subsidiaries, associates, affiliates and partners of Gamesapp from and against any and all losses, costs, expenses, damages or other liabilities incurred from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party, due to or arising out of or in connection with (a) your use of the App and the Games; or (b) your breach of any provision of the Terms, including but not limited to false or incomplete declarations or information; or (c) or any fraud, negligence, wilful misconduct or intentional wrongdoing on your part.
You shall not settle or compromise any such matter without our prior written consent. Gamesapp shall be entitled to participate in such defence through our own counsel at your cost and expense.
We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Games ("Feedback"). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Games. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sub licensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
Force Majeure: We shall not be liable to you for delays or failures in performance resulting from causes beyond our reasonable control, including, but not limited to, acts of God, labour disputes or disturbances, materials shortages, riots, acts of war, governmental regulations, communication or utility failures, or casualties.
Assignment: You shall not assign, in whole or in part, the benefits or obligations of this Agreement to any other person without our prior written consent. Gamesapp may assign or sub-license in whole or in part any of its rights, duties or obligations under the Terms to any of its affiliates.
Entire Agreement: This Agreement constitutes the entire agreement between the User and the Company and pertains to the subject matter hereof and supersedes in their entirety over all other written or oral agreements between the Parties.
Relationship between Parties: The Parties to this Agreement are independent persons/entities and nothing in this Agreement shall make them joint ventures, partners, employees, agents or other representatives of the other Party hereto and neither Party shall make any representation that suggest otherwise.
Severability: If any provision of this Agreement is determined to be unenforceable for any reason, then the remaining provisions hereof shall remain unaffected and continue to operate in full force and effect.
Waiver: All rights and remedies hereunder shall be cumulative and may be exercised singularly or concurrently. If any legal action is brought to enforce any obligations hereunder, the prevailing Party shall be entitled to receive its attorney’s, fees, court costs and other collection expenses, in addition to any other relief it may receive. If the Company does not enforce any provision against the User, failure to enforce on that occasion shall not prevent enforcement on later occasions.
Survival of Provisions: Notwithstanding any other provision to the contrary herein, terms, which by their nature survive termination or expiration of this Agreement shall bind the Parties following any expiration or termination of this Agreement, in addition to those otherwise specifically detailed in this Agreement.
Jurisdiction and Governing Law: This Agreement shall be governed by the laws of India. All disputes, claims and actions arising out of this Agreement or its validity will be subject exclusively to the jurisdiction of a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be New Delhi, India and the language of proceedings shall be English.
Headings and Sub-Headings: The Headings and sub-headings in this Agreement are for convenience only and do not affect the meaning of the relative clause.
Defined Terms: Various terminology as defined in this Agreement shall be read and construed strictly and the said definitions are used and shall apply solely to this Agreement and not any other agreements which the User may execute with the Company.
Notices: Any notice, direction or instruction given under this Agreement shall be in writing and delivered (i) in the case of the Company to the User, by email, details of which if provided by the User; and (ii) in the case of the User to the Company, by email to the Company’s designated email firstname.lastname@example.org.
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