Terms & Conditions of Use Agreement
IMPORTANT! THESE TERMS AND CONDITIONS OF USE GOVERN YOUR USE OF OUR SERVICES, WHICH IS PROVIDED BY THE REAL SKILLGAMES LLP. BY AVAILING OUR SERVICES, YOU ARE INDICATING YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. THEREFORE, PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE PLAYING ANY GAMES OR/AND USING OUR SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, PRIVACY POLICY AND/OR ANY PART THEREOF, KINDLY REFRAIN FROM PLAYING ANY GAMES OR OTHERWISE USING OUR SERVICES. THESE TERMS AND CONDITIONS OF USE ARE SUBJECT TO CHANGE BY THE REAL SKILLGAMES LLP AT ANY TIME IN ITS DISCRETION. YOUR USE OF OUR SERVICES AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS OF USE REGULARLY.
This agreement is made by and between REAL SKILLGAMES LLP (hereinafter referred to as “we”, “us”, “our”, “LLP” or “Firm”), a limited liability partnership firm incorporated and governed under the laws of INDIA providing skill and learning based mobile ludo game and you being a customer availing our services.
1. Definitions
(a) “Agreement” includes these terms and conditions of use agreement, privacy policy, any other and/or additional rules and policies and amendments made in such agreement, rules and policies time to time in relation to our services.
(b) “Dice” are small, throw-able objects with marked sides that can rest in multiple positions.
(c) “Password” means a secret code having combination of alphabets in upper and lower case, numbers, and special characters, and also includes One Time Password („OTP‟).
(d) “Services” means skill and learning based mobile ludo game services rendering by the LLP, and also includes, without limitation, websites, platforms, portals, mobile sites, any sub-domains thereof, applications (apps), APIs and widgets, and any information, text, graphics, video, sound, pictures, and any other materials or contents appearing, sent, uploaded, communicated, transmitted or otherwise made available via websites, platforms, portals or mobile site etc. for participating in the game, promotional, advertisement and interactive activities, but not includes mobile device, internet connection and/or mobile or data charges which are solely your responsibility.
2. ELIGIBILITY TO AVAIL OUR SERVICES
Those persons who do not fulfil following conditions shall not be eligible for availing the services provided by us:
- (a) Those persons who are competent to enter into contract in accordance with the Indian Contract Act, 1872, may avail our services. This means that those person who are minor (under the age of 18 years), unsound mind, insolvent etc. are not eligible to avail our services.
- (b) Those persons who are the residing in any State in India, except in the State of Andhra Pradesh, Assam, Meghalaya, Nagaland, Odisha, Sikkim, and Telangana (Restricted Jurisdictions), may avail our services. This means that individuals residing in the above named restricted jurisdictions shall not avail our services due to prohibition imposed by such restricted jurisdiction.
- (c) Those persons who are employees, agents, contractors, service provider, and/or are engaged in development and operation of game and related services are not eligible to avail our services without our written permission.
3. SERVICES WE OFFERED
(a) We grant you a personal, royalty-free, non-assignable, non-exclusive, non-transferable, non-sub licensable, non-commercial, revocable and limited license to avail our services. This license is solely for your personal and non-commercial use of our services, so that you may play our skilled based ludo game personally and privately.
(b) We reserve our rights to change, modify, amend, terminate or delete our services or any of them without serving any prior notice to you.
(c) You agree and acknowledge that your use of our services and playing of our ludo game is purely voluntary at your sole discretion and risk.
4. REGISTRATION TO AVAIL OUR SERVICES
We collect or receive personal information including sensitive personal information from the following ways to provide you our services:
- (a) To avail our services that it has to offer, you may be asked to provide certain registration details or other information including, but not limited to, your name, valid mobile number, email address, residential address, location, state, date of birth, bank account details, identity and address proof, tax identification number (PAN), one time password (OTP) for verification and login into an account, as per your usage of our services.
- (b) Information provided by you during registration and thereafter during availing our services, may either be mandatory without which we cannot render our services to you, or optional. All mandatory information will be reflected with red coloured asterisk sign. After successful registration and verification, an account will be created for you.
- It is a condition of your use of our services that all information provided by you will be correct, complete and up to date. If we believe that information provided by you is not correct, complete or up to date, we have the right to refuse you to avail our services, and to terminate or suspend your access to our services at any time.
- (d) Your usage of our services constitutes your acknowledgement and acceptance of these terms and conditions of use agreement and your eligibility to avail our services.
- (e) You are permitted to open one account only. We reserve our rights to suspend, terminate and/or de-activate any duplicate account at our sole and absolute discretion and without giving any prior notice to you. Additionally, if we find that you are availing our services by operating multiple user account, we also reserve our rights to suspend, terminate and/or de-activate all your multiple accounts and restrict or ban you from availing our services at our sole and absolute discretion and without giving any prior notice to you. In such cases, we also reserve our rights to forfeit your entire account balance.
- (f) You agree and acknowledge that we also reserve our rights to suspend, terminate and/or de-activate your account for any reason with or without giving any prior notice to you.
- (g) You agree, represent and warrant that you shall not permit or grant access to your user account or to use or avail our services, with or without your knowledge, to other person. In case, you permit or grant access to your user account or to use or avail our services, you shall do so at your own risk. We shall not be responsible and accountable for any consequences caused to you due to such permission or grant.
- (h) You also agree, represent and warrant that you shall not access or use account of any other user of us.
5. INFORMATION YOU PROVIDE
(a) You shall not post, send submit, publish, or transmit in connection with our services any material that:
- (i) You do not have the right to post, including proprietary material of any third party;
- (ii) Advocates illegal activity or discusses an intent to commit an illegal act;
- (iii) Is vulgar, obscene, pornographic, or indecent;
- (iv) Does not pertain directly to this site;
- (v) Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
- (vi) Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
- (vii) Infringes any intellectual property or other right of any entity or person, including violating anyone‟s copyrights or trademarks or their rights of publicity;
- (viii) Violates any law or may be considered to violate any law;
- (ix) Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- (x) Advertises any commercial endeavour (e.g. offering for sale products or services) or otherwise engages in any commercial activity (e.g. conducting raffles or contest, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
- (xi) Solicits funds, advertisers, or sponsors;
- (xii) Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
- (xiii) Disrupts the normal flow of dialogue, causes a screen to scroll faster that other users are able to type or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site;
- (xiv) Includes MP3 format files;
- (xv) Amounts to a “pyramid” or similar scheme;
- (xvi) Disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
- (xvii) Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
(b) We reserve the right to monitor use of our services to determine compliance with these Terms and Conditions of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither we nor any third party that provides Content to us will assume or have any liability for any action or inaction by us or such third party with respect to any submission.
6. RESTRICTIONS ON USE
(a) You may use our services for purposes expressly permitted by this Agreement.
(b) You may not use our services for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand our services, or (ii) frame our website and application, or (iii) hyperlink to our website and application, without the express prior written permission of an authorized representative of the firm. For purposes of these terms of use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute our website and application or content accessible within our website and application.
(c) You agree to cooperate with us in causing any unauthorized co-branding, framing or hyper-linking immediately to cease
7. LUDO: A SKILL BASED GAME
(a) Our ludo game “Ludo Big Bash” is completely a game of skill which you play by using your presence of mind, skills, knowledge, observation of movement made by other player, techniques, when to move your tokens, when pause your tokens, when not to move your tokens etc. Thus, in any case, our ludo game is totally a game of skill rather a game of chance. The rolling of dice is only one very small part of our game and does not make our ludo game as a game of chance.
(b) On 12 January, 1996, the honourable Supreme Court of India in the case of Dr. K.R. Lakshmanan vs. State of Tamil Nadu and Anothers reported at AIR 1996 SC 1153; 1996 SCC(2) 226 wherein the word Games of Skill has clearly been stated which is reproduced as under:
"A game of skill, on the other hand- although the element of chance necessarily cannot be eliminated, is one in which success depends principally upon the superior knowledge, training attention, experience and adroitness of the player. Golf, chess and even Rummy are considered to be games of skill. The Courts have reasoned that there are few games, if any, which consists purely of chance or skill, and as such games of chance is one in which the element of chance predominates over the element of skill, and a game of skill is one in which the element of skill predominates over the element of chance. It is dominant element "skill" or "chance" which determines the character of the game".
8. PLAYING LUDO GAME
(a) Downloading
- For playing our ludo game, you need to download our mobile game application from our website www.ludobigbash.com or Google Play Store only. Downloading our mobile game application from any other source is strictly prohibited. If you download our application from any unauthorized source, you shall be at your own risk for any unauthorized or unknown access to your device, data and information, harm, loss and/or theft of information and device, intrusion of any virus, worm, malware, adware, Trojan horse, and any kind of unethical and/or malicious application and software. In such case, we shall not be responsible any harm, loss or theft.
(b) Installation
- Once downloading is finished, you need to access the particulars folder in your mobile device where downloaded file is stored, and thereafter, to click on application for installing our mobile game application. At the initiation of the installation process, the application file will ask you to read and understand our terms and conditions of use agreement and privacy policy carefully and accept the said terms and conditions and policy. If you do not agree with our terms and conditions of use agreement, privacy policy and any particular clause thereof, you shall not accept the same and quit the installation process. However, consequently, you will not able to avail our services and play our ludo game. Without such acceptance, installation shall not go ahead. Once you accept our terms and conditions of use agreement and privacy policy, the application will ask you to give permission to receive data from Internet, to view network connections, to pair with Bluetooth devices, to run at start up, to full network access, to change your audio settings and to prevent device from sleeping. Such permission is mandatory for smooth playing of our game. If you do not want give the application with such permissions, you shall terminate or quit the installation immediately. Once you give such permission to our application, installation will go ahead and complete its process.
(c) Registration
- Once the installation of application is finish, you are required to register yourself as stated in Clause 4 of this agreement. Further, you agree that you shall complete registration with your own identity and you shall not use other‟s identity and/or impersonate someone else.
(d) Account
- Upon successful registration, we will create an account exclusive for you in which your account and activity details and transactions history etc. will be stored. You can access your said Page 10 of 29 account any time till your account is not terminated in accordance with this agreement.
(e) Game Type
After successful registration and verification of your account, you may play our mobile game in following manner:
- (i) Free of charge: You may play our game free of charge without paying any money, however, you will not able to participate in any group tournament or contest and to win any prize money. The game application downloaded from Google Play Store will run as free of charge basis only;
- (ii) Paid game: Our paid game will include all features of free of charge game. In addition to this, you will be able to play group tournament and/or contest in our paid game for which you need to pay fees. For playing paid game, you shall be required to download our mobile game application from our website www.ludobigbash.com. If you have downloaded our mobile game application from the Google Play Store for playing our game free of charge, you have to re-download our mobile application game from our website www.ludobigbash.com and to re-install the same in your mobile device as elaborated above, and login with same account details. In our paid game, you shall be required to provide you PAN, bank accounts details, identity and address proof etc. All these information are required to maintain your credit and debit account details and credit of prize money, if any.
- (iii) Tournaments: Time to time, we may announce variety of tournaments in which you may participate at your will. There may be some tournaments in which you will automatically participate based on your performance in our game, e.g. in weekly or monthly tournaments which is based on your performance of playing our game in such week or month. Any specific terms and conditions of such tournaments will be announced with their initiation. Such tournaments will be available only for those users who play our paid ludo game.
(f) Choosing opponents For playing our ludo game, you have to choose minimum one opponent or maximum three opponents. For this, you have following options:
- (i) Randomly chosen opponents When you enter any room or table for playing our ludo game, our server randomly chooses your opponents based on the availability of other players. If no other player is available for the time being, you may have to wait until availability of any of such players.
- (ii) Inviting opponents In this case, you have option to choose your opponents by sending them invitation for playing our ludo game in a private table. However, for sending them invitation, you have to provide us their mobile number or grant access to your contacts list, and allow us to access and use your SMS courier and services.
(g) Rolling the Dice
- For the playing ludo game, you are required to roll the dice each time when your opportunity comes during the game. We use virtual dice for the game. When your chance comes, you need to touch on virtual dice for rolling it. Once the dice stops rolling, a number will be reflected for you and you need to move your token accordingly. Rolling the dice each time will generate a random number. Such generation of number is unique each time, and there is no internal and external influence of any person including computer. Our mobile ludo game is perfectly developed and designed, and we ensure the game that game should be free from any influence. For this, we comply with Random Number Generation (RNG) certification requirements.
(h) Rule of Ludo Game
(i) The rules of our ludo game are as follows:
- 1. Each player will be given 4 tokens. Each player will be given chance to choose colour of their tokens except the last player.
- 2. The player who initiated the game will roll the dice first and may start moving his tokens. Other player will get their chance thereafter clock-wise.
- 3. The player whose all tokens reaches home first will be the winner at the end of the game.
- 4. Each player will have 15 seconds for his turn. If the player doesn‟t move in this window, his turn will be skipped. If a Player skips his turn for 3 times, he will lose the game and will be removed.
- 5. All players will get an equal number of turns to roll the dice.
- 6. A player‟s token can be ousted from the game and sent back to the point, if another player s token move to the same box where the former player‟s token is placed.
- 7. There are 8 safe boxes in the game where a token cannot be ousted. These cells are marked with a star.
- 8. Players are entitled to an extra chance i.e. extra roll of dice in the following cases: a. When a player rolls a six on the dice. b. When a player ousts another player’s token. c. When a player’s token reaches home.
- 9. If a player rolls a six on the dice three times in a row, the extra chance will not be given after the third roll.
- 10.A player must not leave the Game in between to be eligible for a prize and/or rank i.e. only a player who continues till the end of game will be eligible for a rank in free entry games.
- 11.The game will end in either of the following situations: a. If only one player remains, and all other player s leave the game. Subject to the foregoing, a game will continue if any player leaves the game; b. All of one player’s tokens reach home.
- 12.The prize money is dependent on the number of player s playing on a single board. The total prize money and pay-out to winners is mentioned both before the game begins and after a player joins a game.
- 13.Additional terms and conditions may be annexed to each game, which shall be disclosed when registration or initiation of the game is sought by the Player. The players shall be bound by such terms and conditions.
9. Payment and Refund Policy
(a) For playing our ludo game when you enter any payment transaction, you hereby agree to be bound by following payment terms:
- (i) Any payment made by you is at your sole discretion and risk for playing game in accordance with this agreement. We are not responsible if you make any payment other than the terms and conditions elaborated in this agreement.
- (ii) We reserve our rights the right to deny our services to you at our sole and absolute discretion despite payment made by you, however, you may be entitled for refund your money after reasonable and legal deductions and fees.
- (iii) Your account with us may be credited in following ways: 1. Contributions which shall not less than Rupees 5/- made by you from your bank account for playing our game; 2. Winning prize money, if any, won by you after playing our game and winning in it; 3. Bonus, if any, credited by us as promotion of our services or otherwise.
- (iv) Each time you participate in our ludo game, your contribution shall be debited from your user account.
- (v) You shall make your contribution towards the prize money pool of a game/contest/tournament at your own risk and irrespective of result of the game, which will be passed on to the winner(s) of the game/contest/tournament after the completion of the game/contest/ tournament as per the terms and conditions thereto.
- (vi) You agree and warrant that we may charge following amounts and deductions 1. Our Commission, which will be inclusive GST and may vary from 5% to 20% depending upon game played, on winning prize money. You can check such commission for each game separately. We reserve rights to waive, increase or decrease our commission at our absolute will in any manner; 2. Transaction charges or fees at rate of 2% which will be inclusive GST for deposit and withdrawal made by you. We reserve rights to waive, increase or decrease such transaction charges or fees at our absolute will in any manner; 3. TDS (Tax Deduction at Source), direct or indirect tax, cess, fees, and/or any other amount required to be deducted by us in accordance with applicable laws, rules or regulations. For example, we are obligated by the Income Tax Act, 1961, to deduct TDS at the rate of 30% on amount of Rupees 10,000/- or more plus surcharge and cess if any. You represent and warrant that we may deduct such amount from your winning prize money in accordance with applicable laws, rules or regulations.
- (vii) Thus, we reserve our absolute rights that upon completion of a game/contest/tournament, we shall deduct our commissions, fees, applicable tax like Income Tax TDS, GST etc. from the prize money won by the winner(s) before crediting the same into an account assigned to the winner(s).
- (viii) You hereby authorize and appoint us, our partners, contractor, sub-contractor, agents and escrow partner to collect and manage fund deposited by you for playing ludo game.
- (ix) You agree that we shall not be liable to provide any interest on any amount held in your account with us.
- (x) All payments made by you shall be held in an interest free bank account either managed by us or our escrow partners. Any pay-out may be made to you for your wining amounts after applicable deductions, to us for our commissions or fees and to government for applicable tax and other deductions.
- (xi) If due to any transaction error, your payment could not be completed, you must inform us via email as detailed in contacts within 24 hours of such transaction. We shall not be responsible and held liable for any fault caused due your bank.
(b) For withdrawing money held in your user account, you hereby agree to be bound by following withdrawal and refund terms:
- (i) You cannot withdraw or take refund of bonus credited by us on promotional basis or otherwise.
- (ii) You can any withdraw or take refund of amount remaining on your user account with us either credited as your contribution or your winning prize money, except any bonus credited by us.
- (iii) There should be at least minimum Rupees 50/- in your user account for withdrawing or taking refund of amount remained in your account. Additionally, in a transaction, you can withdraw or take refund of maximum Rupees 10,000/- only. If you have more than Rupees 10,000/- in your user account, you have to make more transactions accordingly.
- (iv) We reserve our rights and obligations to deduct our commission, transaction charges or fees, TDS etc., if any, when you are withdrawing or taking refund of amount remained in your user account.
- (v) Before any withdrawal or refund, you must complete our verification process by providing your PAN Card, bank account details, mobile number, e-mail address, residing address and valid photo identity and address proof recognized by the Government in our application or through e-mail. Once verification of your identity is complete, you may withdraw your amount remained in your user account. Upon withdrawal or refund, debit entry will be reflected in your user account. No amount shall be withdrawn or refunded until the said verification process is completed within reasonable time period and subject to our satisfaction and in accordance with this agreement.
- (vi) We reverse our rights to reject your withdrawal or refund request at our sole and absolute discretion in case non-compliance or violation of this agreement, privacy policy and any additional terms and conditions.
- (vii) There shall be no withdrawal, refund, winning pay-outs, and prize money for our game played free of charge.
- (viii) If, in case, any game could not be completed due to any reason except any fault, network disconnection, device issues etc. on your side, amount credit in game pool will be refunded in your user account at our sole discretion.
- (ix) Any request for withdrawal or refund will be completed within 7 business days subject to this agreement, verification process and our sole discretion.
- (x) If your withdrawal or refund request is approved and due to any transaction error, such request could not be completed, you must inform us via email as detailed in contacts within 24 hours of such transaction. We shall not be responsible and held liable for any fault caused due your bank.
10.Code of Conduct
(a) You expressly agree that you shall adhere by the following code of conduct during availing our services and playing our ludo game:
- (i) Do‟s a. You shall use our services and play the game only when you are eligible in accordance with this terms and conditions of use agreement. b. You shall read and understand our terms and conditions of use agreement and privacy policy carefully and accept the said terms and conditions and policy being using our services. c. All information provided by you shall always be correct, complete and up to date, and comply with this agreement, privacy policy and any additional terms and conditions. d. You shall register yourself for one account only. e. You shall use only one mobile device for playing our game. f. You shall download our mobile game application from our website www.ludobigbash.com or Google Play Store only. g. You should routinely check your account activities and balance available with us. If you find any unusual or unauthorized activity in your account, you shall immediately inform us. h. You shall ensure privacy and security measures of computer and mobile devices through which you access our services. i. You should play our paid ludo game with money that you can afford to lose. j. You should decide in advance how much money you will spend playing the game and that money should not be a part of your previous game reserve. k. You should complete all your personal and other important tasks before sitting to play so that you can play the game with a free mind. l. You should also decide on the number of hours you will be devoting to the game. m. You should always set deposit limits while playing so that you never deposit more than you can afford to lose. n. You shall cooperate with us in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
- (ii) Don‟ts a. You shall not use multiple accounts for availing our services. b. You shall not permit or grant access to your user account or to use or avail our services, with or without your knowledge, to other person. c. You shall not access or use account of any other user of us. d. You shall not download our mobile game application from any unauthorized source and use the same. e. You shall not disclose your password to anyone for accessing our services and your account with us. f. You shall not use any application or facilities provided in connection with our services to compromise security or tamper with system resources and/or accounts. g. You shall not use any automated device, software, application or tool for playing game. h. You shall not access, retrieve, scrape, or index our services or any content or data thereon by any means for any purpose without our prior express and written consent. i. You shall not interfere or attempt to interfere with the proper working of our services. j. You shall not avail our services and play game in any manner which is not in accordance with this terms and conditions of use agreement, privacy policy and any other additional terms and conditions. k. You shall not violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right; l. You shall not post, send, submit, publish, or transmit any content or data or information in connection with our services any material that: 1. You do not have the right to post, including proprietary material of any third party; 2. Advocates illegal activity or discusses an intent to commit an illegal act; 3. Is vulgar, obscene, pornographic, or indecent; 4. Does not pertain directly to this site; 5. Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive; 6. Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise; 7. Infringes any intellectual property or other right of any entity or person, including violating anyone‟s copyrights or trademarks or their rights of publicity; 8. Violates any law or may be considered to violate any law; 9. Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; 10.Advertises any commercial endeavour (e.g. offering for sale products or services) or otherwise engages in any commercial activity (e.g. conducting raffles or contest, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; 11.Solicits funds, advertisers, or sponsors; 12.Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications; 13.Disrupts the normal flow of dialogue, causes a screen to scroll faster that other users are able to type or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site; 14.Includes MP3 format files; 15.Amounts to a “pyramid” or similar scheme; 16.Disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; 17.Contains hyper-links to other sites that contain content that falls within the descriptions set forth above. m. You should not play our paid version of ludo game by taking loans. n. You should not get into a game if you have other planned tasks on hand. o. You should not play in a bad, sad or mad mood. This affects your game performance ultimately leading you in losing money. p. You should take a break and pause playing for a while if you have lost money continuously 3-4 times. q. You should not chase losses. Even if you have continuous looses, don‟t try to recoup them with higher stakes. r. You shall not use our services for any other purpose, including any commercial purpose, without our express prior written consent. s. You shall not (and may not authorize any other party to) (i) co-brand our services, or (ii) frame our website and application, or (iii) hyperlink to our website and application, without the express prior written permission of an authorized representative of the firm.
(b) You shall strictly adhere with this code of conduct clause. Violation of any clause of this code of conduct may lead to termination this agreement, and consequently, deletion or de-activation of your user account and forfeiture of your account balance, if any.
11. FAIR PLAY AND FRAUD POLICY
- (a) We are committed to fair play at our ludo game.
- (b) By accepting this agreement, you agree that you shall not indulge in any unfair game practise that might provide undue advantage to you or any other player.
- (c) We reserve our rights to track each game played by you with other players.
- (d) In case, we find any activity against our fair play and fraud policy and in violation of this agreement, privacy policy and additional terms and conditions, we have full rights to take all reasonable and necessary actions against you and other players.
12. PRIVACY
(a) We have committed to maintain the privacy of individuals by protecting personal information or data using all reasonable ways in compliance with applicable laws, and consider the same significant for our philosophy and values. Please refer our Privacy Policy for knowing how we deal with information provided by you.
(b) We are not responsible privacy and confidentiality of your information if you disclose your information including password/OTP intentionally, accidently or without your knowledge. You are solely responsible for privacy and security measures of computer and mobile devices through which you access our services. If you observe any unauthorized access our services from your devices, you are strictly advice to report such unauthorized access to appropriate law enforcement authority, and for blocking your account, to us.
13.SECURITY
(a) Any passwords including One Time Password (OTP) used for accessing your account and our services are for individual use only. You shall be solely responsible and liable for the security of your password and all activities in course of availing our services through your account with us. You shall not disclose your password to anyone for accessing our services and your account with us. You agree that if anyone accesses your account and avails our services using your password, we shall not be responsible and held liable for any activity done by such person using your password.
(b) We shall be entitled to monitor your password and, at our discretion, may require you to change it. If you use a password that we consider insecure, we will be entitled to require the password to be changed and/or terminate your account.
(c) You explicitly agree and acknowledge that we are not responsible and to be held liable for protection of information provided by you to us, if you disclose such information to anyone whether intentionally or unintentionally; which may result in misuse of your account.
(d) It is advisable that you should routinely check your account activities and balance available with us. If you find any unusual or unauthorized activity in your account, you shall immediately inform us.
(e) You are prohibited from using any application or facilities provided in connection with our services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms and Conditions of Use.
(f) We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS US FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
14.PROPRIETARY INFORMATION
(a) The material and content accessible during your use of our services, and any other services owned, operated, licensed, or controlled by us (hereinafter referred to as the “Content”) is our proprietary information or the party that provided the Content to us, and we or the party that provided the Content to us retains all right, title, and interest in the Content.
(b) Accordingly, the Content may not copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
(c) Modification or use of the Content except as expressly provided in these terms and conditions of use, violates our intellectual property rights. Neither title nor intellectual rights are transferred to you by access to our services.
15. TRADEMARKS
(a) Trademarks, service marks, and logos appearing in this site are the property of the LLP or the party that provided the trademarks, service marks, and logos to the LLP. The LLP and any party that provided trademarks, service marks, and logos to the LLP retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in the site.
16.HYPERLINKS
(a) Our website may be hyperlinked to other websites which are not maintained by, or related to, us. Hyperlinks to such sites are provided as a service to users and are sponsored by or affiliated with our website or us. We have not reviewed any or all of such websites and are not responsible for the content of those websites. Hyperlinks are to be accessed at the user‟s own risk, and we make no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the websites hyperlinked to our website. Further, the inclusion of any hyperlink to a third party website does not necessarily imply endorsement by us of that website.
(b) Further, we strictly prohibit hyperlinking and downloading of our application on or from any website and application store except from our website and trusted application store with which we have affiliation for publishing our content and downloading of our application, like Google Play Store, etc.
17.SUBMISSIONS
(a) You hereby grant to us the royalty free, perpetual, irrevocable, worldwide, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to us during using our services (hereinafter referred to as together “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. We will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future operations.
(b) We will treat any personal information that you submit during using our services in accordance with its Privacy Policy.
18.DISCLAIMER
(a) You understand that we cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet.
(b) The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by us. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgement. Information obtained by using our services is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
(c) YOUR USE OF OUR SERVICE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT WE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF OUR SERVICES. THE FIRM MAKES NO WARRANTIES THAT YOUR USE OF OUR SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN OUR SERVICES.
(d) All of the information in our services, whether historical in nature or forward-looking, speaks only as of the date the information is posted in our services, and the Firm does not undertake any obligation to update such information after it is to remove such information from our services if it is not, or is no longer, accurate or complete.
19.LIMITATION ON LIABILITY
(a) THE LLP, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE LLP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE LLP AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND PARTNERS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF RUPEES 100 OR THE AMOUNT YOU HAVE PAID TO THE LLP FOR THE APPLICABLE CONTENT OF SERVICE OUT OF WHICH LIABILITY AROSE.
20.INDEMNITY
(a) You will indemnify and hold us, our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, partners, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms and Conditions of Use by you, including any use of Content other than as expressly authorized in these Terms and Conditions of Use.
(b) You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgements, awards, costs, expenses, and attorneys‟ fees of the Indemnified Parties in connection therewith.
(c) You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this website.
21.Termination
(a) We may change, suspend or discontinue our services and/or any part thereof at any time, including the availability of any websites feature, database, or content.
(b) You, at your sole discretion, stop using our services which conclude in termination of this agreement. In this case, you have inform us for termination or de-activation of your account.
(c) We may also impose limits on certain features and services or restrict your access to our services, 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 this agreement, privacy policy and additional terms and conditions or conduct which we believe is harmful to other users, to our businesses, or to other information providers.
(d) Upon any termination of this agreement, you shall immediately discontinue your use and access of our services 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.
(e) 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 this agreement.
22.MISCELLANEOUS
(a) These Terms and Conditions of Use will be governed and interpreted pursuant to the laws of India, notwithstanding any principles of conflicts of law.
(b) You specifically consent to personal jurisdiction in Prayagraj (Allahabad), Uttar Pradesh in connection with any dispute between you and us arising out of these Terms and Conditions of Use or pertaining to the subject matter hereof.
(c) The parties to these Terms and Conditions of Use Agreement each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions of Use or pertaining to the subject matter of these Terms and Conditions of Use will be in the court in Prayagraj (Allahabad), Uttar Pradesh.
(d) If any part of these Terms and Conditions of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
(e) These Terms and Conditions of Use constitute the entire agreement among the parties relating to this subject matter.
(f) Notwithstanding the foregoing, any additional terms and conditions related to our services will govern the items to which they pertain.
(g) We may revise these Terms and Conditions of Use at any time by updating this posting.