Your use of the products and/or services (hereinafter referred to as "Services") offered by Games24x7 Inc., its subsidiaries, affiliates, licensors, associates and partners including Playgames24x7 (Private) Limited (hereinafter collectively referred to as "Games24x7") through the website Games24x7.com (hereinafter referred to as the "Website") is subject to these Terms of Use (hereinafter referred to as "Terms").
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| We may alter or modify these Terms at any time without giving prior notice to you. Your use of the website and/or any Services offered constitutes your unconditional acceptance of these Terms. We may also post supplementary conditions for any Services that may be offered. In such an event, your use of those Services will be governed by these Terms as well as any such supplementary Terms that those Services may be subject to. |
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| To use our Services, you will need to Register with us on the Website. Your clicking of the "Register" button on the online registration form on the Website signifies your acceptance of these Terms. If you do not agree to these Terms or any future alterations or modifications to these Terms you may discontinue use of the Website and any Services offered by it. You are also free to discontinue use of the Website at any time by intimating us of your desire to do so by an email sent to us at support@games24x7.com. |
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| If any of these Terms is determined to be unlawful, invalid, void, voidable or unenforceable for any reason by any judicial or quasi - judicial body in India, it will not affect the validity and enforceability of the remaining Terms. 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 waive our rights to act with respect to any prior, concurrent or subsequent or similar breaches. |
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| We may suspend, add, modify or discontinue any or all Services available on the Website at our sole discretion at any time without giving you prior notice. In such an event, you agree and give your consent to the fact that we will not incur any liability under any circumstance whatsoever, either to you or any third party. |
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| We may discontinue your registration with the Website, suspend or terminate your access to the Services at our sole discretion at any time without giving you prior notice, in the event that we have reasonable grounds to believe that you are in breach of any of the Terms specified herein. You may also have to forfeit any money lying in your account with us in the event of any breach of these terms. Without prejudice to the aforementioned facts, we may also initiate appropriate proceedings against you as per law. |
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| All content and material on the Website including but not limited to information, images, marks, logos, multimedia clips, animation, games and software (collectively referred to as "Content") are protected by applicable intellectual property laws. |
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| You may not yourself or through a third person or through any automated program commit any act, implied or express, which violates any intellectual property right including copyright and trademark rights in any Content. If you would like to use any of the Content on the Website, you will do so only after obtaining specific permission from us. |
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| The Website may contain third party Content. In such a case, we do not guarantee the accuracy, integrity or quality of such Content. If you rely on such Content, you may do so solely at your own risk and liability. |
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| Intellectual property rights in Content not belonging to us belong to the respective owners and any claims arising out of such content must be directly addressed to the respective owners. |
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| The Website may contain links to third party websites. If you visit any such website, you will be subject to terms and conditions posted on it. We neither control nor are responsible for Content on such sites. The fact of a link existing on our Website to a third party website is not an endorsement of that website by us. |
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| You understand that your activities / transactions on such third party websites are solely between you and such third parties. You understand and acknowledge that we will not be liable for any loss or damage you may incur as a result of any of your transactions with such third parties. |
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| You are legally responsible and liable for all of your activities on the Website. |
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| You may not frame the Website. You may not impose editorial comments, commercial material or any information on the Website or alter or modify Content on the Website, or remove, obliterate or obstruct any proprietary notices or labels. |
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| You may not use Content on the Website for commercial purposes including but not limited to use as a cyber cafe, computer gaming centre, network play over the Internet or through gaming networks or connection to an unauthorized server that copies the gaming experience of the Website. |
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| By viewing or using the Website or availing of any Services including multi - player games, or using communication Services including but not limited to chat rooms, email Services or any other real time or non-instant messaging facility provided by the Website, you acknowledge that you may be exposed to content posted by other users which you may find offensive, objectionable or indecent. You may bring such content posted by other users to our notice that you may find offensive, objectionable or indecent. We reserve the right to act upon it as we may deem fit. The decision taken by us on this regard shall be final and binding on you and you specifically agree that we will not incur any liability under any circumstance whatsoever regarding the same. |
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| You agree that you will not post or transmit through chat/community rooms any defamatory, threatening, obscene, harmful or pornographic material or material which would violate or infringe in any way upon the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause offence, distress or inconvenience or which do not comply with all relevant laws. |
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| In addition to this, we shall not take any responsibility for any consequence that might arise as a result of you sharing your personal information or any other information through our communication services including but not limited to game chat, email services or any other real time or non-instant messaging facility provided by the Website. |
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| During the registration process, you will be required to choose a login name and a password and give us your contact details including your name, postal address, email address, telephone number(s). You undertake that you will update this information and keep it current. You acknowledge that we may, at any time require, verify the correctness of this information and in order to do so may require additional documentary proof from you failing which we reserve the right to suspend or terminate your registration with us. |
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| You understand that it is your responsibility to protect the information you provide on the website including but not limited to Username, Password, Email address, Contact Details and Mobile number. You specifically 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 website being exposed or misused by any other person. |
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| In addition to this, you undertake that you will not voluntarily allow / login and then allow any other person to play from your account using your username. You also undertake to not give access of your account details to any other person. In the case that you allow someone other than yourself to play using your account on the website, you understand the risks associated with it and particularly understand and agree that we shall not be liable for any misuse by this other person as a result of such acts by you. |
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| We may bar you from playing on the website if we have reasonable ground to believe that you are providing access of your account to someone other than yourself or that you have created an account for the purpose of allowing someone other than yourself to play on the website using the account created. |
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| We may bar you from playing on the website if we have reasonable ground to believe that you may have intentionally impersonated another individual by providing details which are not your own while registering on the website. We further reserve the right to initiate any criminal proceedings against you for such impersonation and misuse of another individual’s personal or financial information on our Website by you. |
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We further reserve the right to suspend your account or access to money in it for a number of reasons, including but not limited to; where we have reason to believe that the security of your account has been breached, or your account is being used for any unlawful activity or fraudulent purpose (including money laundering), or if there have been charge-backs on your account, or if we have reason to believe you are involved in collusion or cheating of any kind or are under 18 or in a jurisdiction that renders the provision of our Services to you or your use of them illegal. We will try and complete any investigations and deal with the cause of any suspension as soon as practicable in the context of any legal or regulatory obligations that we may have but until that is done we may continue the suspension or opt to close the account at our sole discretion. We can also put a suspension in place or close your account at any time (as we may determine at our discretion) |
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| We may require you to provide us with additional contact information and you hereby agree that you will provide us with such additional contact information we require from you during the registration process or after you have registered with us. We reserve the right to cancel, suspend or terminate your account with us in case of your inability to provide the information we require. |
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| Any information provided by you to us should be complete and truthful to the best of your knowledge. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us. |
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| You may not choose a login name that violates any person's intellectual property or proprietary rights or which may hurt the religious sentiments of any particular religious group or community. In the event we determine that the login name created by you is indecent, objectionable or offensive, we shall notify you of the same and you shall promptly change and choose a different login name. |
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| You may not create a login name or password or upload, distribute, transmit, publish or post through or on the Website or through any service or facility including any instant or non - instant messaging facility provided by the Website, Content which is libellous, defamatory, obscene, intimidating, invasive of privacy, abusive, illegal, harassing or which contains expressions of hatred, hurting religious sentiments, racial discrimination, pornography or are otherwise objectionable (whether or not unlawful), or which would constitute or constitute incitement to commit a criminal offence, violate the rights of any person, or violate any laws. |
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| Your login name or Content may not disparage in any manner Games24x7 or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or websites. |
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| You will not upload, distribute, or publish through the Website, Content which may contain viruses or computer contaminants (as defined in the Information Technology Act 2000 in force in India as may be amended from time to time) which may interrupt, destroy, or limit the functionality or disrupt any software, hardware, or other equipment. |
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| You may not, through any service or facility including any instant or non – instant messaging facility provided by the Website, promote the Services of any third party including websites which may be providing Services similar to Games24x7.com. |
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| You may not intentionally disrupt other users or discussions by repeatedly posting the same message or through excessive posts. |
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| You may not impersonate another person or user, attempt to get a password, other account information, or other private information from a user, or harvest email addresses or other information. In the event that we have reasonable grounds to believe that your actions constitute any of the acts specified above, apart from suspending or terminating your privileges to the use of our Website, we further reserve the right to initiate appropriate legal proceedings against you as well as notify the relevant regulatory or law enforcement authorities where appropriate. |
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| You may not host, or intercept, emulate or redirect proprietary communication protocols, if any, used by the Website regardless of the method used, including protocol emulation, reverse engineering, modifying the Website or any files that are part of the Website. You may not add unauthorized components, create or use cheats, exploits, bots, hacks or any other third-party software designed to modify the Website or use any third-party software that intercepts, mines or otherwise collects information from or through the Website or through any Services. |
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| You may not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your user account, Content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Website or by using any Services. |
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| You understand and agree that you are solely responsible for all Content posted, transmitted, uploaded or otherwise made available on the Website by you. You certify that you own the intellectual property rights in all such Content. You specifically agree to indemnify, save and hold harmless and defend us (to the extent of all benefits and awards, cost of litigation, disbursements and reasonable attorney's fees that we may incur in connection therewith including any direct, indirect or consequential losses, any loss of profit and loss of reputation) from any claims, actions, suits, taxes, damages, injuries, causes of action, penalties, interest, demands, expenses and or awards asserted or brought against us by any person claiming infringement of their intellectual property rights by your usage of such Content on our Website. |
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| By submitting Content to the Website, you agree to grant us a royalty-free, world-wide, non-exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display, and publicly perform your Content and to use such content in any related marketing materials produced by us or our affiliates. You understand that you do not obtain any rights, legal or equitable, in any material incorporating your Content. You further declare that you shall not assert any moral rights in the Content at a later date. |
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| Competitions and tournaments organized by us on the Website may be of several types including cash tournaments and Practice tournaments. You understand and agree that if you win Practice tournaments, you do not receive actual prizes or cash but practice points which carry no physical or monetary value. |
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| If a competition or tournament is organized by us on the Website, it shall be governed by these Terms and any supplementary terms and conditions which may be specifically applied for a competition or tournament. |
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| Some of the Services may require you to pay a subscription or entry fee, as described in the specific supplementary terms and conditions which govern those Services. When you avail of such Services, you agree to pay such subscription or entry fee as applicable. |
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| We reserve the right to change the amount of such subscription or entry fee at any time without prior notice to you. Any applicable tax, levy or cess for any prize which you may win will be borne by you. We reserve the right to retain any amount from any such prizes or gifts that we may be required to pay as tax as required by the applicable laws of India. |
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| Your participation in tournaments or games made available on the Website and any prize(s) you may win in such tournaments/games signifies that you agree and consent to the following : |
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Your registration on the Website is restricted to a single user account which will be used by you to avail of the Services provided on the Website. You are prohibited from creating or using multiple user IDs for registering on the Website. |
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You undertake to participate in the games/tournaments as an individual player. Formation of teams and collusion between you and any other user(s) for participating in games/tournaments organized on the Website is expressly forbidden and will result in us deleting the accounts and debarring access to the Services for all users who are members of such teams or have taken part in such collusion. |
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You undertake that you yourself will play in all games/tournaments in which you have participated, and not use any software programs, bots, devices or any other form of external assistance to play. Any attempt to employ any such external assistance will result in you being debarred from further participation and cancellation of your registration with us. |
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You agree and acknowledge that we will take all steps necessary to determine whether your participation is in accordance with the terms and conditions laid down herein. |
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We may debar you from participation in any game/tournament organized by us, suspend your account and prohibit your access to the Website should we have reasonable grounds to suspect that you have indulged in any fraudulent activity or have registered or have availed of the Services provided on the Website using multiple user IDs. Additionally, you will forfeit any prize which you may have won if we have reasonable cause to believe that you may be using multiple IDs to play or indulged in any other fraudulent activity to play or participate in any tournament/game organized by us on the Website. |
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In the event of a disagreement or dispute between you and any other user(s) in a game, our decision shall be final. |
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To be eligible to win a prize, you must be a resident of India. If you are a prize winner resident in India but not an Indian citizen, we will remit your winnings only after securing approval of such remittance from the Reserve Bank of India and after duly complying with applicable Indian laws. This may involve, on occasions, delays which you may find inordinate. You, however, agree and acknowledge that such delays are not within our control and that you will bear with us patiently till we obtain necessary clearances and permissions for such remittances. |
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Any prize you win accrues solely to you and will not be assigned or transferred to any third party by us. |
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If you are not a resident of India, you will not be entitled to receive a prize even though you may have won a tournament or a game on the Website which promises a prize on winning. |
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Any prize you win will only be disbursed in Indian Rupees (INR) by means of an account payee cheque containing the amount of the prize money. |
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If a cheque is not encashed within 30 days of dispatch, we will deem the cheque to have been lost and will cancel the cheque with necessary instructions to our bank to stop payment of that cheque. This may result in dishonour of that cheque in which case we shall not be liable for the cheque amount to you. Any request for reissuing the cheque will result in deduction of applicable processing charges from the amount of the cheque on reissuance. |
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We do not take any responsibility for who you are matched up against in a tournament or at any time during which a tournament is in progress. The matching is done based on pre-defined criteria (unless you choose to invite your friends to join a particular table using the feature “My Rummy Circle on the Website) which apply uniformly to one and all playing on the website. As a result, it is not in our control to match players differently in different tournaments. |
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You agree and acknowledge that we shall not be responsible for who you play with in a tournament and that you will not request a reversal of the outcome of the tournament based on your hesitation to play with certain players on the website. |
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| You are liable to comply with any applicable law while taking part in any competition or tournament organized through the Website. You agree to indemnify us against any claims, expenses or liabilities by any person or entity arising out of your non-compliance of any applicable laws. |
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| Your participation in tournaments and games made available on the website which require you to pay subscription or entry fees is additionally subject to the following terms and conditions : |
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You must be 18 years of age or above to participate in paid tournaments and competitions organized on Games24x7.com and must truthfully state your age while registering with us. Should we have reason to believe that you are less than 18 years of age, we will debar you from participating in any paid games/tournaments. |
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All transactions for paid tournaments and games will be in Indian rupees. |
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Once you register on our Website, we maintain an account for you to keep a record of all your transactions with us. Payment of subscription/entry fees for any game/tournament has to be made through your account. All cash prizes won by you are deposited by us into your account. |
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Subject to the maximum and minimum deposit rules specified by us from time to time, you are free to deposit as much money as you want in your account for the purpose of paying subscription/entry fees as prescribed to participate. |
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When you make a payment on the Website using your credit card, your credit card information is processed by a third party payment gateway and is not visible to us. |
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We currently levy a 15% service charge on the entry fees paid by you for participating in online paid games/tournaments available on the website. |
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The service charge levied is subject to change without notice. |
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We reserve the right to charge service charge at different rates for different paid tournaments/games organized by us. |
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For every transaction mentioned in clause 5 above, the payment gateway will process your credit card information only after we verify other information associated with your identity. You understand and agree that we have the right to cancel a transaction at any point of time solely according to our discretion in which case the payment gateway will do no further processing of your credit card information. |
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You also understand and agree that a payment made through a credit card may also be rejected by the payment gateway for several other reasons independent from our own. |
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Games24x7 assures you that any money held in your account with us which may have accrued to you under these Terms is held in the nature of a trust with us and will be remitted to you in due course. Even in the highly unlikely event of an insolvency proceeding, you will be considered a preferred creditor and remain fully protected from any third party claimant which means that you will be the first to receive any such money held in your account over all other creditors. |
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Games24x7 wants you to play responsibly on the Website. To that effect, Games24x7 may, from time to time, place restrictions on the amount of money in your account which you can spend as entry fee in various tournaments and games hosted on the Website. You will be able to access the conditions governing such restrictions under "Expense Limit" by clicking on the “My Account” link on the Website. You acknowledge, understand and agree that your participation in the various tournaments and games available on the Website will be subject to the said “Expense Limit” conditions and that you will neither dispute nor question the same. |
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You agree that in the event of non - processing of your payment for reasons beyond our control, we will not be held liable in any manner whatsoever. |
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The subscription/entry fee paid by you for a specific tournament/game is refundable or can be exchanged with other paid tournaments should you decide not to play in the former or want to exchange it with other tournaments. No refund/exchange is possible once the game/tournament has commenced. |
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Example - the example was meant to explain to the lawyer but was left in – should we remove it? |
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On the 10th of December, you have paid Rs.100 as entry fee for participating in a rummy tournament scheduled to begin from the 14th of December from 10 AM. If you so choose, before 10 AM on the 14th of December, you may choose to |
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opt out of the tournament in which case the entry fee of Rs. 100/- is remitted back to your account; or |
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opt out of the tournament and instead play in a chess tournament for which the entry fee is Rs.50/- in which case the balance Rs.50/- is remitted back to your account; or |
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opt out of the tournament and instead play in a chess tournament for which the entry fee is Rs. 50/- and another rummy tournament for which the entry fee is Rs.50/-. |
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Any cash prize won by you will be remitted to your account. You can either play more paid tournaments or withdraw the money as you choose. You agree that all withdrawals you make are governed by the following conditions: |
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You can choose to withdraw money from your account at any time subject to bonus withdrawal restrictions, as mentioned hereafter and notify us of the same. Once notified, we may disburse the specified amount by cheque, electronic transfer or in any other manner determined by us. |
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You can make one free withdrawal in a calendar month. Any subsequent/additional withdrawal requests within the same month will attract applicable processing and service charges which are currently at Rs. 100 for every additional withdrawal which will be deducted from your account. |
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From time to time, we may at our discretion award bonus amounts to you as reward or as a goodwill gesture for you choosing to play on the Website. |
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Your registration details including your name using which you have registered on the Website must correspond with the name and other details on your credit card or any other financial instrument used on the payment system. We may verify your identification details and age from time and time before effecting a transaction with you. At any point of time in our transactions with you, if we detect or have reasonable cause to suspect that you may be involved with identity fraud, we may withhold the deposit in your account and bar you from further participation in any game/tournament available on Games24x7.com without prejudice to any other legal recourse we may have apart from notifying the relevant regulatory or law enforcement authorities where appropriate. |
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Though we accept registrations from residents of the states of Assam, Orissa, Rajasthan, Uttar Pradesh and Uttarakhand on our Website to play on practice tournaments for fun using practice points, we do not allow players who are accessing the Website for participating in any paid game or competition available on the Website from these states. Hence, if you are a resident of Assam, Orissa, Rajasthan, Uttar Pradesh or Uttarakhand and / or are accessing the Website from Assam, Orissa, Rajasthan, Uttar Pradesh or Uttarakhand, you are only allowed to play in the practice tournaments for free and are not authorized to participate in any paid tournament/game/competition available on the Website. Playing cash tournaments from any of these states may be a criminal offense as per the respective state laws. You accept that we do not take any responsibility for your breach of any applicable state laws. Should we come to know or have reasonable cause to believe that you are participating in any paid game or tournament available on the Website from Assam, Orissa, Rajasthan, Uttar Pradesh or Uttarakhand, we reserve the right to immediately and without further notice to you, terminate your account with us and remit the entire balance in your account back to you after deduction of applicable processing charges. You understand and agree that our decision in this regard is final. |
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In addition to this, if you provide information which is not truthful to the best of your knowledge, incorrect information or conceal relevant information regarding your address/residence, thus violating the Terms of Service to play on the Website or in case, we have reasonable grounds to believe that you have provided incorrect information and are playing from locations where playing cash tournaments is not permitted, apart from not incurring any liability under any circumstance whatsoever, we further reserve the right to immediately and without further notice to you, terminate your account with us and remit the entire balance in your account back to you after deduction of applicable processing charges. |
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You understand and agree that we reserve the right to suspend or terminate your account with us at any time without incurring any liability to you whatsoever, should we have reasonable cause to believe that any fraudulent activity including, inter alia, |
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using credit card(s), debit cards, netbanking usernames, passwords, authorization codes, prepaid cash cards, mobile phones not belonging to you without permission of the owner of the above mentioned instruments to make payments, or |
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accessing someone else's account without authorization, |
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is being carried involving your account, we will apart from terminating your account and debarring you from future registration with us, retain the balance till the end of due legal process for mitigation of the fraud. This will be without prejudice to other statutory recourses we may initiate in accordance with the appropriate law currently in force in India. |
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You understand and agree that once you have paid the entry fee for a game/competition/tournament and have not requested for a refund or exchange in accordance with clause 12 above, the entry fee is debited from your account as a valid payment and you will not be entitled to either a refund or an exchange of the same. |
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You also understand and accept that your participation in a game/competition/tournament available on the Website does not create any obligation on us to give you a prize. Your winning a prize is entirely dependent on your skill as a player vis-à-vis other players in the game/tournament/competition and subject to the terms and conditions applicable to that game/tournament/competition. Please read the same thoroughly before proceeding to participate in any game/tournament/competition available on the website. You acknowledge that your participation in any game/tournament/competition available on the Website is purely voluntary and is at your sole discretion and risk. |
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You understand and acknowledge that once a game/competition/tournament has commenced, you’re not being able to play due to slow Internet Connections/faulty hardware or for any other reason not attributable to us does not entitle you to a refund of the entry fee you may have paid for participation. |
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You agree, understand and acknowledge that you will use your account with us solely for the purpose of playing on the Website and for any other transactions with us which you may have to carry out with respect to your participation in games/competitions/tournaments available on the Website. Use or attempted use of your account with us for any reason other than what is stated in this paragraph will result in immediate termination of your account and forfeiture of any prize, bonus or balance in the account, Additionally; we reserve the right to bar you from future registration on the Website. |
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You understand and acknowledge the fact that we are neither a bank nor a financial institution and that the deposits/balance standing to the credit in your account do not accumulate any interest. You also understand and agree that deposits in your account maintained with us are purely for the purpose of paying the entry/subscription fee to participate in paid games/tournaments/competitions made available on the Website and for deposit of cash prizes which you may win. |
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You understand and agree that you cannot transfer any sum from your account with us to the account of another subscriber/player/registrant on the Website. |
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You will be required to furnish your PAN (Permanent Account Number) duly issued to you by the Income Tax Authority of India in the following cases : |
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If you win Rs. 5000 or more in a SINGLE tournament, then a TDS of 30.9% or such other percentage as may be applicable from time to time will automatically be deducted on the winnings of that tournament and the rest will become withdrawable only when you provide your correct PAN details. |
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We reserve the right to verify your PAN from time to time and to cancel any prize should your PAN be found inconsistent in our verification process. |
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You understand that the Internet is inherently an unreliable medium and it is possible that you may not be able to play on the Website due to technical reasons. You further understand, acknowledge and agree to the fact that if you are unable to play in any paid tournament after payment of entry/subscription fee due to any error or omission attributable to Games24x7, including technical or other glitches, your remedy is limited either to a refund of the amount of subscription/entry fee which you would have actually paid for participation, or free participation in a like value tournament as decided by Games24x7. You agree that under no circumstances shall you compel Games24x7 or Games24x7 be liable to pay you any amount over and above the subscription/entry fee for any of the aforementioned errors/omissions of Games24x7. |
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| When you invite a friend, acquaintance or any other person to use the Services available on the Website by clicking on the link "bring a friend now" in the "Bring - A - Friend" feature on the Website, you represent and warrant that such person is at least eighteen years of age and that you have got prior permission from such person to send him/her such invitations. |
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| You acknowledge and agree that it is technically infeasible for Games24x7 to verify or stop such person from availing the Services if he/she is below eighteen years of age. Consequently, should Games24x7 suffer any loss on account of such person being less than eighteen years of age, you represent and warrant that you will indemnify Games24x7 to the fullest extent of loss suffered by Games24x7. |
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| When you invite your friends or acquaintances to subscribe to the Website through the "Bring - A - Friend" feature, Games 24x7 uses third party websites to import your address book containing the email addresses of such friends and acquaintances to which you can then choose to send invitations. You acknowledge and agree to the use of your address book for the said purpose by such third party websites. You also acknowledge that such third party websites are governed by their own privacy policies. It is your responsibility to read and understand the privacy policy of such websites when you follow a link outside Games24x7. |
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| Your acceptance of the invitation through this section to avail of the Services on offer through the Website is confirmation of the fact of your being at least eighteen years of age or above and signifies your acceptance of these Terms. Should you be less than eighteen years of age, you are prohibited from availing the Services available on the Website and your subscription, if any, will stand cancelled by us immediately on us being aware of such fact. |
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| Games24x7 expressly disclaims all warranties or conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, non - infringement, merchantability and fitness for a particular purpose. |
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| Games24x7.com and the Content present on it are provided strictly on "as is, where is" basis with any faults or failings and any representation, warranty, condition or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) is excluded to the fullest extent permitted by lawGames24x7 does not ensure or guarantee continuous, error-free, secure or virus-free operation of Games24x7.com or its Content including software, games, your account or continued operation or availability of any Facility on Games24x7.com. |
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| Additionally, Games24x7 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 Services provided by Games24x7 at times or for extended periods of time due to, but not limited to system maintenance and updates. |
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You agree that you are aware that participation in the games of skill organized by us may result in financial loss to you. With full knowledge of the facts and circumstances surrounding the Activity, you are voluntarily participating in the Activity and assume all responsibility for and risk resulting from, your participation, including all risk of financial loss. You agree to indemnify and hold Games24x7, it employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with your participation in the Activity. |
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You represent that you have the experience and the requisite skills required to participate in the Activity and that you are not aware of any physical or mental condition that would impair your capability to fully participate in the Activity. You Further acknowledge that you are solely responsible for any action that arises from your participating and / or associated with this Activity or around this Activity, regardless if occurring before, during or after the period of the Activity. |
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To the extent permitted by law, and in consideration for being allowed to participate in the Activity, you hereby save, hold harmless, discharge and release Games 24x7 from any and all liability, claims, causes of actions, damages or demands of any kind and nature whatsoever that may arise from or in connection with your participation in the Activity. |
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| You recognize and acknowledge that Games24x7 makes no guarantees, warranties, representations, or other promises relative to the Activity, and assumes no liability or responsibility for any financial loss that you may sustain as a result of participation in the Activity. |
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| You agree to assume the whole and entire risk as to the results and performance of any software and/or games availed by you on Games24x7.com as such 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 games available on Games24x7.com. Games24x7 expressly disclaims liability for any delay or failure to perform resulting from installation of its games or software on your computer. |
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| Games24x7 disclaims responsibility and liability for any harm resulting from cancellation of competitions or tournaments organized by it. If you are a fee or subscription based user of Games24x7.com, you acknowledge and agree that you will not be entitled to any refund in case of any service outages that may be caused by periodic maintenance of Games24x7’s hardware or software, failures of its service providers, computer viruses or contaminants, natural disasters, war, civil disturbance, or any other cause beyond the reasonable control of Games24x7. |
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| Under no circumstances (including, without limitation, in contract, negligence or other tort), Games24x7 shall be liable for any direct, indirect, incidental, ancillary, special, punitive or consequential damages (including but not limited to injury, loss, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, general damages) arising out of the use of or inability to use Games24x7.com 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 against any claims in respect of any such matter. |
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You specifically acknowledge, agree and accept that we are not liable to you for : |
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the defamatory, offensive or illegal conduct of any other player or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another player or otherwise; |
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any loss whatsoever arising from the use, abuse or misuse of your account on our Website; |
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any loss incurred in transmitting information from or to us or from or to our Website by the internet or by other connecting media; |
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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 Website; |
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the accuracy, completeness or currency of any information services provided or any statistics shown on the Website; |
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| Certain Services or events including competitions or tournaments made available or organized on Games24x7.com may require specific permission from statutory or regulatory bodies in India. Such Services or events shall stand cancelled, if such permission is denied whether before or after such Services or events have commenced or have been completed. Such Services or events shall also stand cancelled if disallowed by any process of a competent judicial, administrative or regulatory authority. In such an event, you shall not be entitled to any damages, demands, refunds or claims of any nature. |
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| You agree to indemnify, defend and hold Games24x7, harmless from all claims, damages and expenses made by any third party arising out of |
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your content, or |
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your use of Games24x7.com, your connection to Games24x7.com, or |
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your violation of these Terms or Privacy Policy; or |
| (d) |
use of games24x7.com by any other person accessing the Services using your user name or password, whether or not with your authorization. |
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Any dispute, controversy or claim arising out of the Terms or Privacy Policy shall be settled by a sole arbitrator jointly appointed by Games24x7 and the claimant in accordance with the provisions of the Arbitration & Conciliation Act, 1996 in force in India.
The place of arbitration shall be Mumbai and the language of arbitration shall be English. The applicable law shall be the laws of India |
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