Terms & Conditions

TERMS AND CONDITIONS

 

• These are the Company Terms and Conditions of Use (‘Terms’) which form a legal and binding agreement amongst Cashgrail Private Limited (referred to as the ‘Company’, ‘WAGER GAMES ' , ‘Us’, ‘We’ or ‘Our’) and any person (‘You’/ ‘Your’/ ‘User’) accessing:

 

• Our website – www.wager-games.com (‘Website’) and the wager games mobile application (‘App’) including any sub-domains of the Website, or related top-level domains including www.wager-games.com mobile sites, apps, APIs, widgets (hereinafter collectively referred as ‘the Platform’), and/or;

 

• any data, information, text, graphics, video, sound, pictures, and any other materials appearing, sent, uploaded, communicated, transmitted, or otherwise made available via the Platform (jointly referred to as the ‘Content’) for participating in various contests and games hosted on the Platform (‘ Services‘ / ‘Games’).

 

• Such User (as described above) shall be bound by these Terms, Privacy Policy (Privacy Policy) and all other rules, regulations, and terms of use (including Privacy Policy) referred to herein or provided by Company in relation to any Company Services

 

• This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and various other statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

• You acknowledge and agree that by using, or otherwise accessing the Company Platform and Company Services, you agree to be bound by these Terms and our Privacy Policy (Privacy Policy). You acknowledge that we provide use and access to our Platform and Services to you, subject to these Terms. You agree and acknowledge that you have completely read and understood these Terms and the Privacy Policy, incorporated herein by reference, as amended from time to time. You agree, covenant, and undertake to be bound by the specific rules and regulations of each of the Games as applicable.

 

• We reserve the right to amend, modify, update, terminate, supplement or otherwise amend all or any of the Terms, Privacy Policy, rules, or regulations on the Platform at any time by publishing new Terms. Company may, at its sole discretion, also notify the User of any change or modification in these Terms, Privacy Policy, rules, regulations, and terms of use referred to herein or provided by Company, by way of sending an email to the User’s registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms, rules, regulations, and terms of use referred to herein or provided by Company. If such options to indicate non-acceptance are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms, rules, regulations, and terms of use referred to herein or provided by Company.

 

• If the User does not accept the modified Terms, rules, regulations, and terms of use referred to herein or provided by Company, we reserve the right to deny access to the Platform and Services to the User. If the User does not accept the modified Privacy Policy, we reserve the right to deny access to the Platform and Services to the User to the extent such modified terms of the Privacy Policy are required to provide access to the Platform and Services.

 

• Participation in any Games or contest on the Company Platform or viewing of certain Content may be subject to further terms and conditions as may be notified by us from time to time on the Website or otherwise. You should ensure that you have read, understood and agree to abide by the rules and regulations of the Games, contest, tournament available through the Company Platform.

 

• Company may, at its sole and absolute discretion:

 

• Move or remove any Content that is available or posted by a User on the Platform.

 

• Establish general practices and limits concerning the use of the Platform and modify these practices, limits and thresholds at its discretion, from time to time, and such changes shall be notified and/or included within updated Terms as deemed fit by Company.

 

• Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment, intimation of such assignment shall be sent to all Users to their registered email addresses).

 

• Your use of information on our Platform including results, fixture lists, statistics, data, and news posted on our Platform is at your own risk. Other than as expressly set out in these Terms and to the extent permitted by law, we make no warranty as to the accuracy or reliability of the information contained on our Platform or in our publications (including, but not limited to, any Content or information generated on our Platform by or on behalf of us, and any third-party content on our Platform). We and our related entities, directors, officers, and agents disclaim all liability and responsibility for any loss or damage (whether direct or indirect) that may be suffered by any recipient through relying on anything contained in, or omitted from our Platform or publications.

 

• You hereby unconditionally and irrevocably, expressly agree to the transfer of your personal data and information (including sensitive data) to Us and to such third parties who we contract with to provide you with the Services.

 

B. Description of Services Offered

 

• Subject to the Users compliance with these Terms, Company gives Users a personal, royalty-free, non-assignable, non-sublicensable, non-transferable, non-exclusive, and revocable limited right to access and use the Platform that is provided as part of the Services. This right is for the sole purpose of enabling the own personal private use from Users to play Games of skill as hosted on the Platform, in the manner prescribed under these Terms and not for any commercial purposes, in India and only until the User is bound by these Terms.

 

• The Services may change or be modified from time to time without prior notice or communication. Company reserves the right to change, modify or delete the Platform or Services, information, and Terms listed thereon at any time without prior notice.

 

• The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by Company on the Services are subject to change.

 

• When access Games are included in the Services, the specific rules, scoring, controls and guidelines for each game can be found within the game itself. The Users agree to and shall comply with such rules, scoring, controls and guidelines etc.

 

• Any charges levied on Users for accessing the Services, including but not limited to internet connection and/or mobile or data charges are solely the responsibility of such Users.

 

C. User Registration

 

• In order to access the Website or fully utilize the Platform offered by the Company, a User is required to register on the Platform. You are not authorised to access any of our Platform, until you have been granted an Account (defined below).

 

• If you wish to become a registered User, you will need to create an account (‘Account’) on our Platform. Each User is only permitted to open one Account. Company reserves the right to terminate or suspend any duplicate accounts.

 

• In order to apply for an Account, Company may require you to register by completing a form and providing certain details (listed below), in accordance with the instructions on the Platform:

 

• Full Name

 

• E-mail address

 

• Password

 

• State of Residence

 

• Gender

 

• Date of Birth

 

• Mobile Number

 

• Bank Account Number

 

• Permanent Account Number Card (PAN Card)

 

• Government issued Identity Documents (for know your customer checks)

 

• You can also register or log in through your Google or personal e-mail address. You may also be required to provide your mobile number for verification purposes and verify such mobile number using a one-time passcode (OTP) sent to your mobile number. Permission to open the Account shall be determined by Company or its representatives, at their sole discretion. We may refuse to grant an application for an Account made by any person without giving a reason for such refusal. You agree and acknowledge that the decision of Company in this regard shall be final. We may require additional identity verification procedures used to ensure that we can verify the identity of Users transacting with each other and assist our payment service providers corroborate the results of these know-your-customer verification checks with the identity of our customers (collectively ‘KYC’ checks). You understand and submit to such KYC checks, and agree and consent to supply and provide your personal information and documents to evidence proof of identity and address, as may be required to conduct and complete such KYC checks.

 

D. Eligibility

 

• You must be over 18 years of age and a resident of India to access and/or use our Platform and create an Account with us. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or blocked from using the Platform; and (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations. You must not be a resident of any Restricted Territories (as hereinafter defined) to participate in any Games on the Platform. We reserve the right to request proof of identity at any stage to verify that minors are not using the Platform and we may exclude a person from accessing or using the Platform if proof of identity is not provided or if Company suspects that a person is under the age of 18 years. Parents and guardians should monitor their children’s / ward’s online activities and consider using parental control tools available from online services that help provide a child an amicable online environment. These tools can also prevent children from disclosing any personal information without parental permission. Employees and directors of the Company are not eligible to participate in any Games on the Platform.

 

• You agree to provide true, accurate, current, and complete information at the time of registration and at all other times(as required by Company). You agree to update and keep updated all information provided for the purposes of registration. You undertake and agree that all information provided by you from time to time is true, accurate, current, and complete to your personal knowledge.

 

E. Creation of Account and Use of the Platform

 

• Upon grant of the Account by us, your Account will be created, and you will be able to use our Platform, access the Service(s) and play the Game(s) hosted by us. You agree and acknowledge that such Account can be terminated by us by giving notice to you, for any reason deemed fit by Company in its sole discretion.

 

• You represent and warrant to us that, throughout the course of your usage of our Platform, you will not permit other persons to access or use your Account. If you permit other persons to access or use your Account, you do so at your own sole risk as to any consequences. You further agree and accept that you shall not access or use the Platform through the Account of another User.

 

• Users are prohibited from operating multiple accounts. If it comes to the knowledge of Company that a User is operating multiple accounts, in such case, Company reserves the right to restrict, ban, suspend or terminate such User’s Accounts, at its sole and absolute discretion and without any notice. Any cash or credit balances in such User’s Accounts is liable to be consolidated into the Account with the highest cash or credit balances or forfeited at the sole discretion of Company, depending on whether such Accounts are aliases or Accounts associated with actual or potential frauds.

 

• You may also be required to verify any credit card / bank account you use to deposit funds, and also any bank account you want to withdraw to ensure their integrity and verify their compliance with current regulations.

 

• In the event You are erroneously credited excess funds for any reason, You forfeit the excess amount, and such amount shall be debited from Your Account.

 

• Where Company conducts any customer identity checks, this neither implies that Company is statutorily required to conduct such checks nor liable for any inaccuracy in customer verification that cannot be directly attributable to Company’s gross negligence. You are responsible for completing your ‘know your customer’ checks with your respective banks, financial institutions, card associations and other payment system providers as defined under the Payment and Settlement Systems Act, 2007 (Payment System Providers), with whom Company has entered into an arrangement to facilitate payment transactions (i.e. to send or receive funds via the Platform) using the services of such Payment System Providers. Company conducts such checks as a measure to reduce financial crime in its multiple forms, such as online fraud, money laundering, or the financing of terrorism.

 

• By accepting these terms and conditions upon registration, you give consent to Company to disclose your personal information provided to us to a third-party agency to assist in verifying your identity. The third-party agency may prepare and provide Company with such an assessment and may use your personal information including the names, residential addresses and dates of birth, financial information etc. for the purposes of preparing such an assessment. Please refer to our Privacy Policy in this regard.

 

• You acknowledge that your participation in any Game(s) available on the Platform is purely voluntary and at your sole discretion and risk

 

F. Social Feature – Zupee Adda

 

• The Company provides social interactive features (“Zupee Adda”) which allows individual Users to connect with other active Users on the Platform.

 

• For using the social interactive feature, you can use any photo of your choice or choose from creative graphics to build your social profile (avatars). You may choose to adopt any name to identify your profile. You may also choose to make your profile public available to be searched by any registered User(s) on our Platform or you may choose to designate it as private.

 

• As part of our agreement, you also give us perpetual permissions, and all necessary licenses to provide social interactive features on our Platform. We do not claim ownership of your content. As a part of general permissions, you expressly allow us to collect and represent, use, reproduce, copy, adapt, modify, merge, publicly display, create derivative works from, incorporate such content into other works, and use your data in any manner that we think fit. You understand and agree that the Company is acting as a mere platform in providing skill-based games to its Users.

 

• We may circulate survey questions or polls regarding your experience with the Zupee Adda. Your participation in such surveys and polls would be voluntary. We shall not publish the answers collated by us through such surveys and polls.

 

• We provide services on out Platform on an ‘as is’ basis. You are solely responsible for your actions on our Platform. The Company shall not be responsible for your actions or conduct, or content (including unlawful or objectionable content) uploaded by you on our Platform. The Company reserves the right to take down any content uploaded by you (profile picture, name, etc.) or your profile entirely in case any objectionable content or activity is detected therein with or without any notice to you.

 

• The Company urges you not to make use of any person’s intellectual property without due authorisation. The Company shall not be responsible or liable or accountable in any manner whatsoever for violation of any intellectual property, personality, moral rights or claim of any other nature with respect to information uploaded by any User.

 

G. Skill Based Quiz games played on the Platform do not qualify as Gambling and Lottery

 

• Only games of skill shall be hosted on the Platform.

 

• Users acknowledge that the Games hosted on the Platform are games of skill under Indian law, and that we do not support, endorse, or offer to Users any game of chance. While games of skill do not have a comprehensive definition, they are considered to be those games where the impact of a player’s effort and skill on the outcome of a game is higher than the impact of luck on the outcome of a game.

 

• Games hosted on the Platform are games of skill, as the outcome / success in the game is directly dependent on the Users’ effort, performance and skill. The Supreme Court of India has recognized that the right to play games of skill is a constitutionally protected right.

 

H. Restricted Territory. Platform not offered in Andhra Pradesh, Assam, Nagaland, Telangana, Sikkim and outside India

 

• Company may, in accordance with the laws prevailing bar individuals residing in the Indian states of Andhra Pradesh, Assam, Nagaland, Telangana, Sikkim and outside India, are not allowed to participate in the paid versions of the Game(s) as the laws of these states bar persons from participating in games of skill where Users are required to pay to enter. Access to the Platform will therefore be restricted from being accessed by the Users from such states. Please note that free to play versions of our Game(s) can be accessed in the aforesaid territories.

 

• Company does not allow the Users residing in the aforesaid Indian states or outside the territory of India to play with real money or deposit amounts to play Games on the Platform. We verify User(s) location by utilizing certain technologies for monitoring of activities including logging of IP address and your geographical location and User(s) hereby consents for collection of aforementioned information. The Company reserves the right to delete/remove such Account(s) without any notice and in its sole and absolute discretion.

 

• Users agree and acknowledge that if a person residing in such Indian state becomes a User by giving false information, the liability shall be solely on the User and Company reserves the right to delete/remove such Account without any notice and such User shall not have any right to redeem or demand the Account balance of such Account.

 

• You agree and accept that the Company shall not be liable or responsible for the breach of applicable state laws by any User. There may be applicable penalties imposed on such Users by the respective State Governments or the Central Government of India as the case may be.

 

• Users from all Indian states have to always ensure that they are complying with the applicable state laws, and we will attempt to post any changes that we seem appropriate to better educate the Users. You agree and acknowledge that our decision in this regard will be final and binding, and no consideration whatsoever will be extended to the User.

 

I. Security

 

• Access to your Account and to add, delete or modify any Content on your Account is password / OTP protected.

 

• We are not liable for any loss, damages or expenses of any kind incurred or suffered by you arising from or in connection with any failure, delay or interruption, interception, interference, in transmitting passwords/OTPs due to any failure of the mobile service network or any other circumstance beyond our reasonable control.

 

• You agree that you will not disclose your password / OTP to anyone or allow any other person to access or use your Account. We are not responsible if your Account is accessed or opened by other persons using your password. You shall be held solely responsible and liable for all of your activities on the Platform made from your Accoun