Terms of Use

By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. In the event we are made aware that you are under the age of 18 years and have been using/browsing the platform without the supervision of your parent or legal guardian, then in such case, we reserve the right to deactivate such account without further notice. Further, if you are using the Platform on behalf of a company or organisation, you represent that you have authority to act on behalf of such entity and that such entity accepts these Terms.

Please note that we reserve the right, in our sole discretion, to update or change any portion of the Terms at any time that govern your use of the Platform. Every time you wish to use our Platform, please check these Terms to ensure you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and/or the Content (defined hereinafter) of the Platform or suspend the operation(s) of the Platform for support or maintenance work, at any time.

Any changes to the Terms will be effective immediately upon posting of such updated terms at this location. We may, in certain circumstances, also require you to provide your consent to the updatedTerms in a specified manner prior to any further use of the Platform. Your continued access to or use of the Platform after we post such updated Terms, constitutes your acceptance of the changes and consent to be bound by these Terms, as amended. If you do not agree to the amended Terms, you must stop accessing and using the platform.

We reserve the right to deny access, at any time, including the termination of your subscription and deletion of your Account (defined hereinafter), in case of violation of any provision of these Terms or any other Platform Policies.

You agree that the sole purpose of registering on or using the Platform, is to avail the Service(s) and that you shall not use the platform in any manner whatsoever for any purpose other than as mentioned in these Terms or for purposes which are not permitted under the applicable law.

To gain access to Service(s) of the Platform, you have the option to play directly through our website or downloading the application. This allows for convenient access for users of both Android and iOS devices, as well as those on other operating systems.

You may register and create an account (“Account”) in one of the following ways:

By Signing up to the Platform: A User can create an Account on the Platform by providing basic information as may be required on the Platform viz phone number, or any other information asmay be indicated on the Platform from time to time. Following this, an Account with an exclusive username (basis your inputs) will be created on the Platform for the User; or

By using a third-party account: A User can use the login credentials of a third-party account maintained by the User with a third-party service provider (illustratively, Google), in which caseUser will also be subject to relevant third-party terms and conditions applicable to such third-party account as may be imposed by the relevant third-party service provider from time to time.It may be noted that any fraudulent activity or abuse of your Account due to login via third party account is not attributable to the Company

Once your chosen username is confirmed by us, (subject to availability and in compliance with theseTerms), it cannot be modified by you later.

Username chosen by you, must not be indecent, objectionable, offensive, or unlawful. Username that is found to violate the intellectual property of any entity, reveal personal information, or be suggestive of an advertisement or promotional activity, may be rejected by us. If you are in violation of these stipulations, you will be given an opportunity to provide an alternate username, failing which we reserve the right to either suspend your Account or restore your Account only after an acceptable username has been provided by you.

Your username will remain active on the Platform unless we terminate or suspend your access to the Platform for a violation of the Platform Policies in accordance with these Terms, or where you voluntarily delete your Account.

Registration is a one-time process and is free of cost. Post successful completion of creation of Account, you shall be provided access of the Service(s) on the Platform, subject to the Terms thereof. We have the right to reject your application for opening an account or may deactivate an existing Account, for any reason, at the sole discretion of the Company.

You accept full responsibility for any unauthorized use of the Service(s) (including minors acting through parent or legal guardian). You are responsible for any use of your payment instrument (including by minors acting through parent or legal guardian) on our Platform.

You are solely authorized to operate the Account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your Account on the Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your Account. You shall remain solely liable for all the actions undertaken through your Account.

We reserve the right to refuse access to the Platform, terminate Account, or edit Content at any time without notice to you.

You may make any in-app purchase(s) on the Platform for any game which allow such in-app purchases with real world money including but not limited to purchasing of (a) virtual in-game items;(b) virtual credits, including but not limited to virtual cash or currency for in-game use; (collectivelyreferred to as “Virtual Items”), wherein the User shall be provided limited, personal, non-transferable, non-sub licensable, revocable right to use such Virtual Items. You are only allowed to purchaseVirtual Items from us through the Platform, and not in any other way. You acknowledge that the Company may also provide such Virtual Items to you without you purchasing them, at its sole discretion from time to time.

By using the Platform, you acknowledge that the Virtual Items are solely within the scope of our platform and cannot be exchanged for real money or any other service(s). It can only be used to procure Virtual Items from us. You do not possess ownership of the Virtual Items; rather, you acquire a limited, revocable license to use them on the Platform. The Virtual Items does not represent any kind of stored value. The provision of Virtual Items for in-game use commences immediately upon acceptance by Company of your purchase.

We retain the right to manage, regulate, control, modify, or remove/ eliminate Virtual Items at anytime, without prior notice. To the fullest extent permitted by law, you explicitly accept that theCompany shall have no liability towards you or any third party in the event that the Company exercises any such rights.

You are not entitled to make any claims against us regarding the loss or damage of your Virtual Items.We will not be held liable to compensate you for any kind of alleged losses or any claims related toVirtual Items, to the fullest extent permitted by law.

The transfer of Virtual Items is prohibited in the Service (s). You shall not sell, purchase, redeem orotherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including butnot limited to the Company, another user or any third party.

All purchases of Virtual Items made through Service(s) are non-refundable including purchases made by minors under the age of 18 (eighteen) without consent and/or knowledge of its parent or legalguardian. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. You acknowledge that the Company may revise the pricing for the Virtual Items offered through the Service(s) at any time.

In the event of your account suspension, closure or termination for any reason (whether voluntary or involuntary), you acknowledge that all Virtual Items (including unused Virtual Items) associated withyour account (if any) shall stand forfeited, and we are not obligated to provide compensation or refunds for any reason thereof.

While availing any of the payment method(s) available on the Platform for Virtual Items purchase, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arisingdirectly or indirectly to you due to: 4.8.1. Lack of authorization for any transaction;4.8.2. Exceeding the preset limit mutually agreed by you and between you and the relevant bank;4.8.3. Any payment issues arising out of the transaction; or4.8.4. Decline of transaction for any other reason.

You acknowledge and agree that you shall not use the details of credit card/debit card/net-banking or any other payment instrument which is not lawfully owned by you.

Term: The Term of this Agreement shall come into force and effect from the date you download thegame and create an Account (if any) on the Platform and shall continue unless otherwise the Accountis deleted or deactivated by either or both Parties in accordance with the below clausethe States with Limitations.

You may cancel your Service(s), and/or terminate this Agreement at any time by uninstalling thePlatform on your device, and if you have an account, please follow the following steps:

5.2.1 Login to your account on the Platform.

5.2.2 Navigate to the account settings or profile section by clicking on your profile picture, while using the Service(s).

5.2.3 Click on settings and locate the option to delete your account.

5.2.4 Follow the prompts to confirm the deletion of your account.

You agree and acknowledge that we, in our sole discretion, without prior notification or intimation,may terminate your access, to all or part of the Platform, or cease to provide accessibility to thePlatform, for reasons including but not limited to:
i. In response to the requests of law enforcement agencies or other government institutions;
ii. In response to your own request;
iii. Unforeseeable technical issues; and
iv. Occurrence of an event outside our control.

No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against you. Notwithstanding the above, if you breach the Terms or the PlatformPolicies or other guidelines incorporated therein by reference or any other agreements/additional terms entered into by the Company and you in addition to these Terms, the Company reserves the right to take strict legal action including but not limited to referral to the appropriate law enforcement or other authorities for initiating criminal or civil or other proceedings against you.

All your obligations and liabilities incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

Consequences of Termination. Upon termination of this Agreement by either Party for any reason:
i. We shall revoke/discontinue our Service on the Platform for you and your access to the Accountand take custody or control of the Account;
ii. We shall enforce that you cease to use and return any/all intellectual property, confidentialinformation (if any) that belongs to us;
iii. Both the Parties shall endeavour to perform respective obligations up to the date of termination in business-like manner;

By accepting these Terms, you also accept to receive news, updates, offers/ campaign related SMSand emails to the mobile phone number and primary email address provided by you. By accessingand using the Platform and/ or verifying your contact number / primary email address with us; byaccepting these Terms; by accepting or receiving and not unsubscribing expressly on the consent  availed by us from you via SMS, email-s, voice calls, IVR (Interactive Voice Response) or any othermodes and methods of communication, you explicitly consent to receive such communications(through call, SMS, email or other digital and electronic means) from us and/or our authorizedrepresentatives regarding any new services or offerings, even if your contact number is registeredunder the DND/NCPR list under the Telecom Commercial Communications Customer PreferenceRegulations, 2018.

The effectiveness, clarity, and timeliness of communications are influenced by multiple factors.Company assumes no responsibility for non-delivery, delayed delivery, or any distortion of communication in any manner whatsoever.

You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and   other   notifications   from   us   at   any   time   by   following   the   instructions   set   out   in   such communications or writing to us on  [email protected].

You agree to provide true, accurate, up to date and complete information while signing up on thePlatform or for any other purpose when prompted or requested to do so on the Platform including any documents that might be required for verification purposes.

For availing the Service(s), you may be required to use certain devices, software, and data connections, which we otherwise do not supply. You are responsible for all carrier data plan and other fees and taxes associated with your use of the Platform.

You acknowledge that all the Service(s) available on the Platform are based on skill entirely and there is no element or existence of chance on the Platform.

You are prohibited from misrepresenting your identity and agree not to represent yourself as another user or login / register using the identity of any other person. You are responsible to maintain and promptly update the information provided while signing up or verifying or for any other purpose on the Platform to ensure that the information provided by you is true, accurate, current, complete and not misleading, at all times. We shall not be responsible in any manner whatsoever, for the authenticity of the personal information or sensitive personal data or information supplied by you to us.

You may not use the Platform for any illegal or unauthorized purpose or in violation of any applicable laws. You ensure that you will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any permit that may be necessary with respect to availing the Service(s) on the Platform) in your use of the Platform and your performance of obligations under this Terms.

You shall not abuse or misuse the Platform or engage in any activity which violates these Terms. In any such case, Company may suspend your Account or permanently debar you from accessing the Platform.

When you use the Platform, you agree that you are involved in the transmission of sensitive and personal information including but not limited to account Information (collectively “SPI”) which falls within the ambit of the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011. However, you acknowledge that Company will not be liable for any disclosure of your SPI as a result of an error in transmission or unauthorized actions of third parties.

We authorize you to view and access the Platform solely for personal use and in accordance with the Terms provided under this Agreement and refrain from any actions that endanger the functionality or operation of the Platform. In particular, the User is prohibited from carrying out any actions that scan or test weak points of the Platform, Service(s), software, bypass security systems or access systems of the software or integrate malware into the Platform. 

You understand that the Company reserves the right to discontinue any old/outdated feature(s) and/or introduce/add any new feature(s) on the Platform in order to improve the provision of Service(s) on the Platform. 

You agree not to work around, bypass, or circumvent any of the technical limitations of the Platform, including using any tool to enable features or functionalities that are otherwise disabled on the Platform and/or in the Service(s), or decompile, disassemble or otherwise reverse engineer the Platform. Aggregating information or data related to our Service(s) or users is also not allowed. 

You are prohibited from engaging in activities such as renting, leasing, lending, selling, transferring, redistributing, or sublicensing our Service(s), or making them available on a network where they could be simultaneously used by multiple devices. 

You must not use or endorse the use of cheats, modifications, exploits, or any unauthorized methods to disrupt or gain unfair advantage in the use of our Service(s). Commercial use of our Service(s) without prior written consent is also prohibited, including public use in venues like gaming arcades, integration within your own products or content, or use in advertising.  

You represent and warrant that you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority. It is essential that you strictly comply with all relevant trade laws, export control laws. Any use of our Service(s) for purposes that contravene the stipulations of pertinent trade laws is expressly forbidden. You must comply with local laws. If applicable laws restrict or prohibit your use of our Service(s), you must abide by those legal restrictions or cease using our Service(s) accordingly.  

You agree and acknowledge that you have all the rights on the content that you may transmit, upload on the Platform and that the Company in no case shall be responsible for any act of infringement of any third-party. You are solely responsible for any claims, damages, cost, expenses, suits, etc. brought by any third party. 

You shall not falsify or delete any author attributions, legal or other notices, proprietary designations, labels of the origin or source code of the software, or other material on the Platform.

You may report any abusive or malicious behaviour by any other User immediately to us on [email protected].

We will try to ensure that all information and recommendations, whether in relation to the Service(s),offerings or otherwise (hereinafter “Information”) is correct at the time of inclusion on the Platform.We do not guarantee the accuracy of the Information. We make no representations or warranties asto the completeness or accuracy of Information.

You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such Information for your purpose prior to use or in connection with the making of any decision. No Information on the Platform shall constitute an invitation to invest in us or any affiliates. Any use of this Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this Platform, the Information, or any third-party website linked to this Platform. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.

As means to assist the Users in identifying the Service(s) of their choice, we may provide visual representations on the Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, info graphics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Service(s), with the actual Service(s) ultimately delivered to Users. The appearance of the Service(s) when delivered may vary for various reasons.

Nothing contained herein is to be construed as a recommendation to use any Service, process, equipment, or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

We do not covenant or provide any representations and warranties:
1) in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Service(s) or pricing information and/or specifications) on Platform;
2) that the Service(s) will be always made available;
3) and that the operation of Platform, including the functions contained in any content, information and materials on Platform or any third-party sites or services linked to Platform will be uninterrupted, or that the defects will be rectified, or that Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.

THE PLATFORM AND THE SERVICE(S) ARE PROVIDED TO YOU ON AN “AS IS” AND“WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOROUR SELVES AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICE(S), OR CONTENT TO THE WEBSITE(S), MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS,IMPLIED,   STATUTORY   OR   OTHERWISE   OF   MERCHANTABILITY,   FITNESS   FOR   A PARTICULAR   PURPOSE,   OR   NON-INFRINGEMENT   OF   THIRD-PARTY   RIGHTS,   WITH RESPECT TO THE PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICE(S) TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ERRORS, MISTAKES OR INACCURACIES AND MATERIALS, DAMAGES OFANY   KIND,   INCLUDING   BUT   NOT   LIMITED   TO,   DIRECT,   INDIRECT,   INCIDENTAL,CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE PLATFORM, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS PLATFORM OR YOUR IN ABILITY TO USE THE PLATFORM, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer - To the extent permitted by applicable law, we, our officers, agents, employees, and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of Service(s), or deletion, interruption, error, delay, virus, communication, unauthorized access, theft, destruction, alteration or use of records on the Platform. We are not responsible for any of your tax obligations or liabilities related to the use of the Platform.

The Platform allows you to access games on the Platform, which is a games of skill (i.e. the outcomeof the game is primarily dependent upon your skills and not luck or chance).

We control and operate this Platform from India and make no representation that the Platform and/or materials and the Content available on the Platform are appropriate to be used or will be available for use in other locations outside India. If you use this Platform from outside India, you agree that you chose to do so with a clear understanding that the Platform makes no representation regarding suitability, availability or compliance of the Platform with applicable laws, rules or requirements in your country of operation. You represent and warrant that you are entirely responsible for compliance with all local laws, regulations and/or requirements that apply to your use of the Platform

These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit

We have several websites offering products, services, content, and various other functionalities to specific regions worldwide. The Service(s) offered in one region may differ from those in other regions due to availability, local or regional laws, shipment, and other considerations. We do not make any warranty or representation that a user in one region may obtain the Service(s) from our site in another region or redirect a user to the site for that user’s region if a user attempts to order Service(s) offered on a site in another region.

Information that we publish on the world wide web may contain references or cross references to our products, programs and Service(s) that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs, or Service(s) in your country.

We have a strong notice and takedown mechanism in place in case it is brought to our knowledge that the Platform is being misused for any illegal or fraudulent activity by any user. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these terms and conditions.

We frequently monitor the Account activity in order to avoid fraudulent accounts. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these terms and conditions.

All users must enable the location-sharing settings on their mobile phone to ensure they enjoy theService(s) without any restrictions.

In your use of the Platform, you may enter into correspondence with, any third-party service providers or purchase any goods and/or services from, or participate in promotions of advertisers or members or sponsors of Platform or access any other third-party website linked to the Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third-party service providers. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party

We may place certain promoted or sponsored content on the Platform (directly or via links to other sites or resources) in conjunction with third parties. We make no warranties with respect to such content and neither do we endorse any information contained therein. We shall not be liable to you for such promoted or sponsored content, and your interaction with such content or third-party resources shall be solely at your own risk.

Content shall be the information, text, graphics, video, sound, pictures, and any other materialsappearing, sent, uploaded, communicated, transmitted or otherwise, are made available by theCompany on the Platform or by way of Services, which is protected by copyright and/or otherintellectual property right. All copyright and other intellectual property rights in the Content are eitherowned by us or have been licensed to us by the owner(s) of those rights so that we can use theContent as part of Service(s).

You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organization to material available on the Platform.

You must not modify the paper or digital copies of any materials you have printed off or downloaded inany way, and you must not use any illustrations, photographs, video or audio sequences or anygraphics separately from any accompanying text

You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.

You may use and display the Content on your personal computer for your internal business usesubject to the grant of a limited, revocable, personal, non-exclusive and non-transferable license to you by us.

You may not: (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper within any way or otherwise use any Content contained on the Platform except as provided under these Terms. These restrictions apply in relation to all or part of the Content available on the Platform; (b) copy and distribute the Information on any other server, or modify or re-use text or graphics on this Platform or another platform; (c) reproduce any part of the Content or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from theContent or Platform; or (e) link any other material to the Content displayed on the Platform, without our express written consent.

The license granted to you does not include a license for: (a) resale of Service(s) or use of thePlatform or Content other than as specified or provided under this Terms, (b) use of Service(s) in any derogatory or in violation of any laws, (c) any use of Platform, the Service(s) and/or of Content other than as contemplated in these Terms, (d) any downloading or copying of login credentials of User, (e)any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any part of the Content, and (f) creating and/ or publishing your own database that features parts of the Platform.

If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at [email protected].

We, solely and exclusively own worldwide, in perpetuity, including renewal and extension periods, our intellectual property and nothing in these Terms shall be construed as conferring ownership of theIntellectual Property rights to other you in any manner whatsoever.

Notwithstanding anything contained in these Terms, the Intellectual Property rights in any software, including   routines,   data   structures,   protocols,   programs,   templates,   interfaces,   application programming   interfaces,   software   development   kits,   code/scripts,   developer   tools,   technical documentation, updates, and other related materials, whether tangible or intangible for, that has been made   available   to   you   by   the   Company   including     the   Platform,   Account   or   any   other products/services or deliverables created, suggested and/or developed by you for and on behalf of the Company (“Company’s Proprietary Rights”) either before or after your acceptance of theseTerms, shall exclusively vest with Company, in perpetuity

You recognize that the Company is the owner of the Platform and the logo, trademark, if any, including but not limited to its variants and you shall not directly or indirectly, attack or assist another in attacking the validity of, or Company’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement ofCompany’s Proprietary Rights, you shall report the same at [email protected].  with all relevant information. User’s use of the Platform shall not be construed as the grant of any license or right to use any trademarks or names appearing on the Platform.

Company hereby grants to you, for the Term, a non-exclusive, non-assignable, non-sub-licensable and revocable license to use Company’s Proprietary Rights or any other rights only to the extent as may be specifically allowed by Company in writing and as per these Terms.

Except as specified here in above, nothing contained in these Terms shall be construed to grant any rights and title to the User in Company’s Proprietary Rights.

In addition to any other remedies available to Company under these Terms or otherwise, any unauthorized use, alteration, modification, reproduction, publication, disclosure or transfer of Company’s Proprietary Rights will entitle Company to any available equitable remedy against the User.

Upon termination by either or both Parties, all rights relating to Company’s Proprietary Rights, along with modifications thereto, shall continue to vest with Company.

You shall not reverse assemble or reverse compile or reverse engineer in any manner whatsoever or directly or indirectly allow or cause a third-party to reverse assemble or reverse compile or reverse engineer in any manner whatsoever the whole or any part of Company’s Proprietary Rights.

During the Term, a Party ("Receiving Party") may receive or have access to certain ConfidentialInformation belonging and/or relating to the other Party and its affiliates ("Disclosing Party").“Confidential Information” disclosed under this Agreement shall include information in which ever form, whether marked confidential or not, or which is disclosed by or on behalf of the Disclosing Partyor derived by the Receiving Party in the course of its dealing with the Disclosing Party and its representatives and includes all information, that is reasonably understood to be confidential or proprietary, relating to all or any of the Disclosing Party existing or prospective products and / or services,   know-how,   script/code,   algorithms,   schematics,   formulae,   strategic   data   (technical, financial, commercial or otherwise), process information, methods of operation, flowcharts, or diagrams; policies and procedures regarding the design, development, research methods and results; creative and programming tools, methodologies, and techniques.

You recognize that the Company is the owner of the Platform and the logo, trademark, if any, including but not limited to its variants and you shall not directly or indirectly, attack or assist another in attacking the validity of, or Company’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement ofCompany’s Proprietary Rights, you shall report the same at [email protected].  with all relevant information. User’s use of the Platform shall not be construed as the grant of any license or right to use any trademarks or names appearing on the Platform.

Exceptions: The aforesaid confidentiality obligations shall impose no obligation on the Receiving Party with respect to any portion of Confidential Information which:
‍
13.3.1. Was at the time received or which thereafter becomes, through no act or failure on the part of the Receiving Party, generally known or available to the public;
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I13.3.2. Is at the time of receipt, known to the Receiving Party as evidenced by written documentation then rightfully in the possession of either Party;
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13.3.3 Was already acquired by the Receiving Party from a third-party who does not thereby breach an obligation of confidentiality to the Disclosing Party and who discloses it to the Receiving Party in good faith;

13.3.4. Is developed by the Receiving Party without use of the Disclosing Party's Confidential Information in such development; and

13.3.5. Has been disclosed pursuant to the requirements of applicable law, any governmental authority, provided however, that the Disclosing Party shall have been given a reasonable opportunity to resist disclosure and/or to obtain a suitable protective order. Neither Party shall disclose these Terms to any other person without the consent of the other Party. 

Neither Party shall disclose these Terms to any other person without the consent of the other Party.

The Parties acknowledge and understand that any disclosure or misappropriation of any of the Confidential Information in violation of these Terms, may cause irreparable harm to the non-disclosing Party, the amount of which may be difficult to ascertain. Without prejudice to any other rights available to the disclosing Party under these Terms or otherwise, Disclosing Party shall have the right to apply to a court of competent jurisdiction for specific performance and/or an order restraining and enjoining any such further disclosure or breach and for such other relief as such non-disclosing Party shall deem appropriate. To clarify, such right shall be in addition to the remedies otherwise available to a Party, at law or in equity.

These Terms shall not restrict the Receiving Party from complying with any legal requirement to disclose Confidential Information, provided that the Receiving Party shall to the extent that it is not prohibited from doing so by applicable law, promptly notify the Disclosing Party of such legal requirement so that the Disclosing Party may seek to quash such order and to obtain a protective order requiring that the relevant Confidential Information be held in confidence by such court or agency or, if disclosed, be used only for the purposes for which the order was issued. The Receiving Party shall cooperate fully with the Disclosing Party in any such proceeding. 

The confidentiality obligations enlisted here in above for the Company shall survive for the term of this Agreement.

You shall not access the Platform through any other means other than through the interfaces that is provided by us

You are advised, in particular, to provide accurate information in relation to your location, and not usemeans including virtual private networks, or other tools to circumvent any restrictions or mechanisms on the Platform

You represent and warrant that: (a) your use of Platform and/or Service(s) will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with personal information and/or Service(s) is true, accurate and lawful; . If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, deactivate and/or restrict you from using the Service(s) and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

You will use Platform for lawful purposes only and will not undertake any activity that is harmful toPlatform or its Content or otherwise not envisaged through the Platform. You have a limited license to access and use Platform, solely for the purpose of availing the Service(s), subject to these Terms.

You will not do any of the following:
i.Delete or modify any Content on Platform, such as any information regarding the Service(s),their performance, sales or pricing;
ii. Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Platform;
iii. Make false or malicious statements against the Service(s), Platform or us;
iv. Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage Platform and/or Service(s) or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Platform and/or the Service(s);
v. Introduce any trojans, viruses, any other malicious software, any bots or scrape on Platform for any information;
vi. Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
vii. you are not a minor in the jurisdiction in which you reside;
viii. Hack into or introduce malicious software of any kind onto Platform;
ix. Sell or otherwise transfer your profile;
x. Automatically or programmatically extract data;
xi. Retrieve sensitive information such as passwords, credit card details, bank account numbers, any financial information, or any equivalent forms of private information through Copilots;
xii. Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which thedetails connected to the Service(s) are stored, or any other server, computer, or database connected to the Service(s); or
xiii. Engage  in  any  form  of   antisocial,   disruptive,   or  destructive   acts,   including   “flaming,”“spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly

You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Platform, any information that:

The Service(s) offered on the Platform for entertainment only and is committed to promoting fair play and responsible gaming.

To continue enjoying the Platform and the Service(s) offered on it without such enjoyment resulting inany adverse personal, financial or social consequences, is not advisable. It is imperative that you playresponsibly, that is, you minimize your indulgence or do not indulge in game-play beyond your meansor for excessive periods of time.

By accessing the Service(s) on the Platform, you agree that you will engage in responsible gaming by.

1. Understanding and acknowledging that the Service(s) are for entertainment only and carry with them the risk of losing;
2. Striking a balance between the time you spend on the Platform and other aspects of your life such as focusing on your job or spending time with your family;
3. Ensuring that you play games in a fair manner without resorting to any unfair means or cheating;
4. Playing for entertainment;
5. Not play the game when you are upset, tired, or depressed as it is difficult to make good decisions when you are feeling low;
6. Completing all your important tasks before playing the games so that you can play with a free and calm mind; and
7. Taking time outs and breaks regularly regardless of your performance in the game and especially if you have lost continuously. 

You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Platform or the Content or the Service(s), these Terms and/or PlatformPolicies, and/or infringement of any of our or any third-party’s intellectual property rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages

The Company disclaims itself of all liabilities incurred due to contraventions of any laws or rules of any foreign jurisdictions by the Users.

Limitation of Liability: In no event, Company’s aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond Rs. 5,000/- (Indian Rupees Five Thousand only) made pursuant to an order under which such liability has arisen and been established.

From time to time, the Platform, in its sole discretion, may invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all Users (“BetaService(s)”). Beta Service(s) are not part of the Service(s), and Beta Service(s) may be subject to additional terms and conditions, which we will provide to you prior to your use of the Beta Service(s).Such Beta Service(s) and all associated conversations and materials relating thereto will be considered Confidential Information and subject to the confidentiality provisions in this Agreement.Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Service(s) without our prior written consent. We make no representations or warranties that the Beta Service(s) will function. We may discontinue the Beta Service(s) at any time in our sole discretion. We will have no liability for any harmor damage arising out of or in connection with a Beta Service. The Beta Service(s) may not work in the same way as a final version. We may change or not release a final or commercial version of aBeta Service in our sole discretion.

Both Parties agree to conduct all their dealings in an ethical manner and with the highest business standards. Both Parties agree to adopt appropriate processes to prevent offering any illegal gratification in the form of bribes or gifts either in cash or in kind, in the course of all dealings with each other or any other third parties for the purpose of this Agreement and to comply with any anti-bribery and anti-corruption laws. Any instances of such violations will be viewed in a serious manner andCompany reserves the right to take all appropriate actions or remedies as may be required under the circumstances including terminating this Agreement with immediate effect. You will provide all possible assistance to the Company in order to investigate any possible instances of unethical behavior or business conduct violations of employees or hired persons or agents of yours

You shall, at all times, ensure compliance of law and complete all KYC/AML requirements as per law for the performance of its obligations under this Agreement. Any instances of such violations will be viewed in a serious manner and Company reserves the right to take all appropriate actions or remedies as may be required under the circumstances. You will provide all possible assistance to the Company, in order to investigate any possible instances of anti-money laundering.

In accordance with the applicable law, any concern, feedback which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Service(s)being availed hereunder, may be directed by you to such customer support personnel at the below mentioned coordinates:

Shopsense Retail Technologies Limited
1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B,
Ajit Nagar, Kondivita, Andheri East, Mumbai 400093
Email: [email protected]

In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Service(s)being availed hereunder, may be directed by you to such grievance officer at the below mentioned coordinate.

Name: Ms Sana Kazi
Designation: Grievance Office
Email Address: [email protected]

22. NODAL OFFICER
Name: Shri Abhimanyu Mallik
Designation: Nodal Officer
Email Address: [email protected]

APPLICABLE LAW AND JURISDICTION
These Terms are governed by and to be interpreted in accordance with the applicable laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. Subject to the Dispute Resolution clause below, Parties submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.

Parties shall endeavour to amicably, through discussions, settle and resolve any dispute or difference arising out of or in relation to this Terms (“Dispute”) within 15 (fifteen) days from the commencement of such Dispute. In case of such failure, the Dispute shall upon the expiry of the aforesaid period, be referred to e-arbitration to be conducted by a sole arbitrator, who shall be jointly appointed by the Parties from the panel of available e-arbitrators. All arbitration proceedings may be conducted through mode available on the internet or any other information and communication technology (including but not limited to video call system, telephone or mobile, fax, e-mail facilities) which can be beneficially used to solve disputes. All Arbitration proceedings shall be held in accordance to the provisions of Arbitration and conciliation Act, 1996. The Language of Arbitration shall be English. The arbitral award shall be final and binding on the Parties. The award may include costs, including reasonable advocates’ fees and disbursement.

Neither Party will be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.

No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Frolic offers Games and other Services on the Platform for entertainment only and is committed to promoting fair play and responsible gaming.

If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

28.1 These Terms supersedes all previous oral and written terms and conditions (if any) communicated to you by us, for the use of Platform, and the rights and liabilities with respect to Services to be provided by us under this Terms shall be limited to the scope of these Terms.

28.2 Both the Parties agree that these Terms are accepted by both the Parties on a non-exclusive basis and that both Parties shall be free to engage any third-party as its client/service provider to procure/provide similar or identical Services.
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