GG Online Private Limited is called "The Platform" or "Platform" or "GOGAME" or "Portal" in this agreement.
GOGAME offers specific pay-to-play skill-based games, which are referred to and called as "Tournaments" or "Game" or "Games" or "Battles" in this agreement.
Anyone who browse, downloads, access any feature, uses, plays, participates, pays, deposits, withdraws, invites, or performs any activity within the platform will be collectively called "the user" or "User" or "Player."
Note: If you don't agree to any terms, please refrain from not playing any games or using products in GOGAME.
Please read these Terms and Conditions before using any of the services provided by GOGAME.
- The tournaments are offered and open only to Indian citizens residing in India except for the residents of Assam, Orissa, Nagaland, Sikkim, Andhra Pradesh, and Telangana.
- Citizens and/ or residents of countries other than India are not eligible to participate in the tournaments.
- Suppose you're found or suspected of defrauding the systems through hacking, bots, tooling, phishing, and more. You'll be debarred/ blocked from the platform and using the services on the platform and prohibited from participating or using the services of any tournaments or products on the platform.
- Employees of the platform, its respective holdings, subsidiary, third-party associations, including their family members engaged with the platform's continuous development, promotion, execution, and strategy, are prohibited from using/ participating in the tournaments.
- In case of any dispute regarding the app or the contest, GOGAME's decision will be final and binding.
- If you're residing in restricted locations and accessing the app from any region/ state/ country where the platform is prohibited or restricted by law or other reasons, you're prohibited from registering and participating in the platform. And in case you participate within the platform or use any product within the platform, you are responsible for the actions you take and responsible for any laws applicable to your country/ state/ region/ residence. If you participate in the games by misrepresentation, then the platform, at its sole discretion, has the right to disqualify you at any stage of the process and has the right to forfeit any prize and take legal action against you.
- The game is void where prohibited by law.
- In any game, in case of a draw/ tie, the final decision would be on the platform, where there would be no refunds in any situation.
- Winning and losing is your responsibility, and GOGAME doesn't take any responsibility or ownership for such beings.
- GOGAME cannot and will not be liable for any loss or damage arising from Users' failure to comply with the following rules and regulations.
- You can only use any GOGAME platform ("App," "Website," or any related Portal) by accepting the Terms and Conditions.
- Only people who are above 18 years old can use games.
- For Registration, You will submit your Mobile number/Email/ Google Account Sign In and your Username (A unique name created by you that can be used while playing games/ participating in tournaments).
- Users should accept these Terms to Register, browse, download or access any feature or service of GOGAME.
- Please note that We have the sole responsibility to decide the terms applicable to any Competition, including the Winning Prize. Moreover, the Entry Fee for any competition is non-refundable and may only be refunded under the circumstances stated in Our Refund and Cancellation policy.
- Winnings can only be withdrawn from Your account after the completion of KYC verification and Tax deductions.
- We only promote skill games. Please refer to our' Game of Skills' to know more.
- We further request you to read the 'Fair Play' section before entering any contest or tournament.
- You must obey and follow our 'Community Guidelines' to maintain a safe environment at GOGAME.
- If you fail to follow this agreement, you can lose your account.
- Circumstances under which Your access to the platform or this agreement may be terminated are stated in the Termination section.
- The use of this platform is the whole and sole of your responsibility.
- Any disagreement between You and Us will be determined by arbitration, carried in Bangalore, Karnataka, by a sole arbitrator appointed by Us.
- Please contact our Grievance Officer if you have any issues with the platform.
- GG Online Private Limited is an Indian Company incorporated under the Companies Act, 2013. GOGAME operates Mobile Gaming Portal in India, which offers various skill-based games developed by GOGAME & Third-Party Game Developers, including other promotional and interactive features (Collectively known and called as "Services") through its web portal https://gogame.in, mobile app, and partner websites (Collectively "Portal."
- GOGAME holds the authority to change, remove, update, or review any part of the Terms.
- Any changes made will be updated here in the relevant sections. Users should frequently visit this page for updates.
- Users must have a good understanding of the Terms and Conditions of this platform.
- According to local/state/district/country laws, users must refrain from the use or non-use of the app depending on the applicability of the law according to local/ state/ district/ country laws.
- "Applicable Law" means all laws, ordinances, common law, regulations, codes, rules, guidelines, orders, permits, tariffs, and approvals, including those relating to health and safety, of any governmental authority or self-regulatory guideline that may apply to the Users or is related to the subject matter of this agreement as applicable in the territory of India.
- "Tournaments" is a pay-to-play online skill-based game offered in the platform for the users, where the user can play for some entry fee and get winnings. This skill-based game offers 'free' tournaments which are open to all the users.
- "Battles" is a pay-to-play online skill-based game offered on the platform for the users. At present, the platform offers to play 1 vs. 1, including both the users to be connected within the same network by competing using their scores.
- "Balance" is the credit(either in the form of winnings, bonus points, and deposit cash) available in an account and involves the amount added as deposits by a user or/and received through Winnings by playing in the game within the platform.
- "Deposit" is the user's amount to their account through their preferred payment mode (e-wallet, debit/credit cards, UPI/BHIM, net banking). The Deposit conversion ratio is INR. 1/- (Rupees One Only) = INR 1 (one).
- "Entry Fee" refers to the payment users pay from their account to compete in a game on the platform.
- "Games" or "Mobile Games" refers to skill games offered for the users to play.
- "Winnings" are the awards (either in the form of cash) to the user for winning a particular game on the platform.
- "Person" shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under the Applicable Law.
- The agreements any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to another gender(s) unless explicitly provided.
- Headings and captions are used for convenience only and not for interpretation of the agreement.
- Any reference to a natural person shall include his/her heirs, executors, and permitted assignees, and any reference to a juristic person shall consist of its affiliates, successors, and permitted assignees, unless repugnant to the context.
- Any person browsing, entering, registering, downloading, using, or accessing any part of the platform or utilizing services offered by GOGAME will be deemed a legal contract between the user and the platform.
- A User may use the platform if:
- It is a natural Person, as per any Applicable Law, regulation, or generally accepted practices or guidelines applicable in the country of which user is a citizen, in which user is a resident, or from where the user uses the platform; or
- It is a juristic person, as per any Applicable Law, regulation, or generally accepted industry practices and guidelines applicable in the country where the user is registered, where the user maintains its principal office, or where the user uses the platform.
- Any user who is "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., is not eligible to enter into this platform and terms.
- The platform is not eligible for usage, installation, or played by any person under 18 years.
- The services provided in the platform may be subjected to additional conditions or rules applicable to a particular game or tournament in this respect and called "Game Terms."
- These game terms must be acknowledged and deemed to be incorporated herein by reference. Users must agree to these games before playing such games or participating in any tournament on the platform. To the extent that these Terms are inconsistent with Game Terms, the Game Terms shall prevail.
- GOGAME reserves the right to terminate, block, prohibit any user account and deny access to the platform if brought to GOGAME notice that a particular user has violated the agreement, including any terms within terms conditions.
- GOGAME provides the Platform to You on which You can play Mobile Games offered by GOGAME. The platform is designed to provide you with the games in a completely online mode where downloading separately and installation is unnecessary.
- You may register by approving and agreeing to this agreement and providing your registered mobile number or your google login id on the platform. Your mobile number will be verified using a one-time password ("OTP") system, and for login, id considering the validity by Google open APIs. Upon successfully verifying the OTP and google login, your account will be created ("Account").
- By registering for an Account, You represent, warrant, and agree that:
- You fulfill the eligibility criteria as detailed in section 4 (Eligibility);
- You are using Your actual identity and the mobile phone number you have provided and is registered under your name;
- You will provide only valid, accurate, current, and complete information about Yourself, including optional information such as Your profile photograph, username, tagline, etc., on the platform ("User Details");
- You will maintain and promptly update the User Details and other information you provide on the platform to keep it true, accurate, current, and complete.
- The Users acknowledge that their User Details will be accessible to other Users on the platform and shall be available for GOGAME to create promotional and interactive content.
- Your account is for Your personal use only. You shall not impersonate someone else. Creating an Account after providing a mobile phone number and verifying it using an OTP or logging in using google id, You represent, warrant, and agree that You are authorized to use the platform and abide by the agreement.
- Users acknowledge and accept that they are subject to occasional communications, such as service announcements and administrative messages.
- If You become aware of your device's unauthorized use, you must notify the relevant authorities as soon as possible.
- Users may be required to pay an entry fee in cash to participate in games and tournaments. Users may add money to their account using any payment modes (E-Wallet, Netbanking, UPI, Debit/ Credit Cards, Pay later) available on the platform.
- Users may use the deposits allowed in the platform to play and participate in tournaments and games and a disciplinary manner, as explained below:
- Each user is solely responsible for all activities under their account, including using any of the Services on the platform.
- GOGAME grants such Users a non-transferable, limited, non-exclusive, and revocable privilege to register an Account and use the platform.
- If GOGAME identifies that the exact User Details are being used under multiple accounts, then the platform, at its sole discretion, will terminate/deactivate the account without the Users' consent, and any Deposit in the account will not be refunded.
- GOGAME, at its sole and absolute discretion and without any notice to the Users, reserves the right to restrict, suspend or terminate any account or access to the platform temporarily or permanently to any User.
- GOGAME, at its sole discretion and absolute preference, restrict, change, suspend, or terminate any user's access to all, including browsing, deposits, and complete access of the platform or any part of the platform, including but not limited to:
- reject, move, or remove any material that the user may submit;
- move or remove any content that is available on the platform;
- deactivate or delete an Account and all related information and files on their account;
- establish general practices and limits concerning use of the platform and the services; and
- Assign its rights and liabilities concerning all Accounts hereunder to any entity.
- Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no ownership or other interest in their account and further acknowledge and agree that all rights in and to their account are and shall forever be owned by and inure to the benefit of GOGAME.
- The Users also accept to receive news, updates, offers/campaign-related SMS to the mobile phone number provided by the user, except when prohibited under Applicable Laws.
Returns, Cancellation, and Refunds
- If there is an error in the Services provided by us, we may refund the Entry Fee, provided the reasons are genuine and proved after an investigation by GOGAME.
- Please read the rules of each Game, Tournament, or Battle before participating.
- We do not cancel registrations once entered; however, in case of exceptional circumstances wherein the fault may lie with the payment gateway or from Our side, We will cancel your participation on request and refund the Entry Fee to You within a reasonable amount of time.
- In case we cancel your participation in any Game as a result of this, We will return Your Entry Fee to You within a reasonable amount of time for You to redeem the same by playing other games on the platform.
- All the refunds will be issued via provided bank a/cs through bank transfers.
- Users must use any money in their account within 365 days. The platform shall have the right to directly forfeit any such unused amount after 365 (three hundred and sixty-five) days.
- The unplayed balance amount lying in your account may be withdrawn only in exceptional circumstances, determined on a case-to-case basis at the sole discretion of the platform.
- If the user doesn't submit the relevant KYC, Valid Bank A/c's, UPI, or appropriate money transfer methodologies are needed and accrued for the platform's success. Failing to deliver the necessary methods or relevant documents, GOGAME reserves the right to forfeit any withdrawals inducing pauses to the user.
- In case the user doesn't enter his bank a/c or submit their relevant documentation, GOGAME emails or notifies them to submit and clear their respective withdrawable needfulness, and gives 30 days last time from requested date, failure to provide valid documents and bank a/c details may cause forfeiture of any amount subject to transfer according to the clause in terms and conditions.
- Rewards for all Tournaments and Battles shall be pre-declared at the time of registration in the specific rules applicable to such a game. Rewards will be in the form of Bonus Points and Winnings.
- Users are eligible to withdraw only Winnings from the User Account to the user's respective bank/wallet account once their KYC (Know Your Customer) is verified.
- KYC verification is mandatory as a proof of identity for making withdrawals from Your Account to Your bank/wallet account. KYC verification may be done through the platform by providing specific details: (i) photograph of a valid government ID (Aadhaar Card and PAN Card); and (ii) other User Details.
- GOGAME does not issue receipts for entries in the game, tournaments, battles, or relevant and existing (any) features.
- All the entries are accounted for within the account on the platform.
- The entries are accounted for within the account on the platform. The users' responsibility is to ensure that the entries are accurate and the Winnings duly credited to his account.
- Any tax/levies/duty etc., as applicable on material rewards, shall be paid by the winner of the game. Based on TDS (tax deducted at source) Rules for any game-winning in India, 31.2% TDS should be deducted on any winning above Rs.10,000/- in a single game.
- All prices are subject to adjustment on account of specifications, quantities, arrangements, or other terms and conditions that are not a part of the original price quotation. Prices are exclusive of all federal, state, municipal, or other government excises; value-added tax, GST, tariffs, etc., taxes will be deducted and disbursed on withdrawals or relevant outgoing transactions.
- Winning and losing is your complete responsibility, which depends on your skills, ability, and/or experience, and GOGAME doesn't take any responsibility or ownership for such beings.
Platform fee and Pricing
- GOGAME charges Platform Fee from the user (s) to offer various games, tournaments, and battles and provide a valuable service and experience to the users to participate in the games.
- The Platform fee for all the games is at a fixed rate % of entry fee and is between 0% to 40% and under extreme exceptional scenarios may go beyond the range.
- The game hosted in the GOGAME app ranges between Rs. 0 to Rs. 35000 and beyond.
Participation in Games
- By entering the tournament or battle, the user agrees to be bound by these terms and conditions of the platform.
- GOGAME, at its sole discretion, may disqualify any user from a tournament or battle, refuse to benefit or reward, and require the return of any rewards or benefits.
- If the user engages in unfair conduct, which the company deems to be improper, unfair, or otherwise adverse to the operations of the game or is in any way detrimental to other users, which includes but not limited to:
- Falsifying ones' personal information (including, but not limited to, name, email address, bank account details, and any other information or documentation as may be requested by GOGAME to enter a game or claim a reward.
- Engaging in any financial fraud or misrepresentation, including unauthorized use of credit/debit instruments, payment wallet accounts, etc., to enter a game or claim a reward. It is expressly clarified that the onus to prove otherwise shall solely lie on the user.
- Colluding with any other user(s) or engaging in any syndicated play;
- Accumulating points or rewards through unauthorized methods such as automated bots or other automated means;
- Using automated means (including but not limited to harvesting bots, robots, parser, spiders, or screen scrapers) to obtain, collect or access any information on the website or of any User for any purpose;
- Any Bonus Points misuse, misuse of the Referral Program, or misuse of any other offers or promotions;
- Tampering or sabotaging the game or tournament or related game formats to acquire rewards illegally;
- Obtaining other user's information without their express and knowledge and spamming other users (spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to Gogame Users, sending unwarranted email content either to selected Users or in bulk;
- Abusing the website in any way (usage of 'impolite, slangs, ill-bred words are some of the examples of abuse);
- The users may use the platform to engage and participate in various tournaments and battles available on the platform.
- Each user must pay an entry fee to the platform to participate in a tournament or any games offered within the platform, deducted from the balance available in the user's account. The payment of entry fee users to participate includes platform fees and services charged within the platform, including the user's contribution towards the Prize Money Pool.
- Each game has a predetermined limit on the number of users who can participate and a specified time limit before making entries. The game is considered valid only if users' limit joins before the prescribed entry time and user threshold limit.
- Any amount received by GOGAME as an Entry fee for participation in a contest shall be non-refundable, except if a game or tournament, or battle has been canceled.
- GOGAME reserves the right to extend the participation and the time limit for registration, cancel any game, tournament, or battle, and modify any terms, all with due notice to the platform's users.
- It is clarified that in case a user is found to violate this policy, GOGAME reserves the right to initiate appropriate civil/ criminal remedies as it may be advised other than forfeiture and recovery of rewards money, if any.
Tax and TDS policy
- Any tax/levies/duty etc., as applicable, shall be paid by the user of the game who participates by paying an entry fee.
- There are no TDS deducted as the winning amounts are up to or less than Rs.10,000/- on tournaments or games.
- TDS is deducted on rewards above Rs.10,000/- on Games before releasing the rewards and related prize/product/amount and in whatever name called.
- Based on TDS (tax deducted at source) rules for any game-winning in India, 30% TDS should be deducted on any winning above Rs.10,000/- in a single game.
- The person responsible for paying shall, before releasing the rewards, collect the TDS amount from the winner.
- Your prize can only be redeemable after TDS deduction if the winning product is above 10,000/-. TDS amount is to be paid to GOGAME as provided by Section 194B read with Section 115BB of the Income Tax Act, 1961.
- The user will have to provide his valid PAN card copy so that GOGAME can file TDS deducted accordingly.
- TDS has to be paid within 24 hours. Kindly give us 15 working days to deliver your prize.
- To claim your winning product, if TDS as applicable by govt. (as per Section 194B read with Section 115BB of the Income Tax Act, 1961) on your winning, the winner gets 24 hrs time to pay TDS from the time of winning to claim their prize. If a user fails to pay TDS within 24 hours, his/her winning will be considered expired.
- The platform allows you to play games and join tournaments and battles in an in-app experience.
- These games will have their own rules and code of conduct ("Game Rules"), which shall be adhered to by all users at all times.
- When You play a Mobile Game, You agree and acknowledge that the platform does not create and broadcast any content on its own accord, and GOGAME is not responsible or liable for the content or accuracy of the Mobile Game, including copyrights you may access that through the platform.
Games of skill
- GOGAME is a skill-based Gaming Platform, i.e., skill game which is clearly defined in the recently passed by an Act of Government of Nagaland under The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, 2015 (Act No.3 of 2016) and The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Rules, 2016 in which Skill Game and allow to run/operate of this type of skill games.
- The games hosted and created by GOGAME are all Games of Skill (defined below). Different Games will reward different skills, but each game will reward specific skills, such as knowledge of the game, familiarity with rules, experience, reflexes, experience, practice, hand-eye coordination, etc. Certain games may have predetermined outcomes (Sudoku, Crosswords, Brick Breaker), which are achievable using their skills to play the games.
- Users must note that all Mobile Games available on the platform are games where the users' success or/and performance depends predominantly upon their superior knowledge, training, attention, experience, and ability ("Games of Skill") playing the game. 'Games of Skill,' under Indian law, are excluded from the ambit of gambling legislations including, the Public Gambling Act of 1867 and other state enactments except in the Restricted States.
- Hence, the Restricted States individuals should not participate in any Tournaments or Battles, or Mobile Games offered on the platform. Any participation by such individuals shall be at their sole risk and discretion, and GOGAME shall not be liable to refund or reimburse any injury or damages suffered by such individuals.
- GOGAME reserves the right to monitor all activities from the User's Account on the platform. Suppose any User participates in any Game that violates any central or state law(s) in India. In that case, GOGAME reserves the right to cooperate with law enforcement agencies of the relevant state and report such participation or/and suspicious activity along with all relevant details of the concerned user.
- GOGAME does not support, endorse or offer to any User' games of chance' for money. Each Mobile Game and Contest available on the platform has clearly defined rules and a code of conduct. All Users are encouraged to read, understand and follow these rules to be successful in these games. GOGAME shall not be liable if Users do not adhere to the Game Rules or otherwise engage in gambling or betting activities on the platform.
- As per Section 2(3) of The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, the definition of "Games of Skill" is reproduced as under,
- "Games of Skill" shall include all such games where there is a preponderance of skill over chance, including where the skill relates to strategizing the manner of placing wagers or placing bets or where the skill lies in team selection or selection of virtual stocks based on analyses or where skill relates to how the moves are made, whether through the deployment of physical or mental skill or acumen."
- Explanation: For this Act-
- - All Games provided in Schedule A of this Act shall fall under the category of "Games of Skill,"
- - 'Games' which have been declared or determined to be 'games of skill' by India or International courts or other statutes, or games where there are domestic and international competitions and tournaments, or games which can be determined to be 'games of skill' shall further be entitled to be included in Schedule A,
- - Games of skill may be (a) Card based and (b) action/virtual sports /adventure/ mystery and (c) calculation/Strategy/quiz based.”
- Supreme Court of India in the case of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) wherein the word Games of Skill has clearly been stated which is reproduced as under,
- "A game of skill, on the other hand- although the element of chance necessarily cannot be eliminated is one in which success depends principally upon the superior knowledge, training attention, experience, and adroitness of the player. Golf, chess, and even Rummy are considered to be games of skill. The Courts have reasoned that there are few games, if any, which consists purely of chance or skill, and as such, games of chance is one in which the element of chance predominates over the element of skill, and a game of skill is one in which the element of skill predominates over the element of chance. It is a dominant element – "skill" or "chance" – which determines the character of the game."
- GOGAME may run all over India except the State of Assam, Odisha, Telangana, and/or any other State which has banned/prohibited or to be prohibited from running/operating GOGAME. Despite this, any User who runs and operates the GOGAME published games will be solely responsible.
- GOGAME offered games are not Gambling, Gaming, and Lotteries.
- GOGAME may revise these Terms from time to time; the most current version will always be on the mobile application. GOGAME reserves the right, but not the obligation, in its sole discretion, to notify any modification via email to the email associated with the user's account. However, by merely continuing to access or use the Services after those revisions become effective, Users agree to be bound by the revised Terms.
Safety precaution and responsible gaming
- GOGAME brings users responsible, safe, and balanced gaming to its users and adopts an equitable approach while engaging any games on the platform and safeguarding themselves against any adverse effects. Playing responsibility will encourage users to developmental skills, hand-eye coordination, competitiveness and encourage collaboration.
- It is a mandatory encouragement and standard health and safety precautions by GOGAME that while playing games, make sure you take enough breaks and avoid playing when tired, drowsy, intoxicated, or under the influence of drugs. Mainly, avoid playing for more extended periods as this could affect your performance.
- The Platform or the Mobile Games offered on the platform may contain flashing lights, realistic images, patterns, and simulations which may cause specific side effects. If Your hands, wrists, arms, eyes, or other parts of Your body become tired or sore while playing, or if You feel symptoms such as tingling, numbness, burning, or stiffness, stop and rest before playing again. If You continue to have any of these above symptoms, please stop playing IMMEDIATELY and consult a doctor.
- If you play any games in GOGAME, always be aware of your surroundings. You may be moving around the play area and using your hands to control gameplay. You must ensure that you're not near other people or nature, eventual things that may pose a danger to you. Never handle sharp objects while playing the game on the platform.
- It is Your responsibility to control Your surroundings and movements when playing the game to ensure that you don't injure Yourself, any other persons, damage any property, etc. Any playing of the Mobile Games is at Your own risk, and GOGAME shall not be liable for any death, injury, or health complications resulting from Your use of the platform.
- You agree that Your use of the platform and to play the Mobile Games is at Your own risk, and it is Your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as You deem reasonably necessary for any injuries that You may incur while using the platform.
- You agree that if the terms of this agreement are not adhered to by You, GOGAME will be irreparably damaged. Therefore You agree that the platform shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies concerning any breach of this agreement, in addition to any other remedies available under Applicable Law.
Restrictions on your use of the platform
- You will not use the platform or any content provided thereof for any purpose that is forbidden, unlawful, illegal, or prohibited by this agreement or under Applicable Law.
- You will not use the platform or any content provided thereof to
- Modify, Publish, Upload, Display, Host, Transmit, Broadcast, Update or share any information that belongs to another person and to which the user does not have any right.
- And is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, and disparaging.
- That is relating to or encourages money laundering or gambling, or is otherwise unlawful in any manner whatsoever and harms minors in any way.
- Including those that infringes any patent, trademark, copyright, or other proprietary rights; violates any Applicable Law for the time being in force.
- That deceives or misleads the addressee about the origin of such messages or communicates any grossly offensive or menacing information.
- Conduct that impersonates another Person; contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the platform's functionality or any other computer resource.
- Content, Context, and Behavioural User Methods including sharing and social ethics that endangers the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order, or causes provocation or incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation; threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) and like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder; threatens critical information infrastructure.
Security and Copyright infringement
- You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the platform or any component or content thereof available to third parties without the permission of GOGAME.
- You will not circumvent or disable any digital rights management, usage rules, edicts, or other security features of the platform; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the platform; and not use the platform in a manner that threatens the integrity, performance, or availability of the platform.
- You will not attempt to or engage, involve, employ in any action or activity that may reverse engineer, decompile, or otherwise extract the source code related to the platform or any part thereof unless it is expressly permitted by GOGAME to You in writing or is required by the Applicable Law.
- Use any robot, spider, retrieval application, or another device to retrieve or index, record, account for any portion of the platform or content.
- collect information about Users for any illegal or illicit desire or purpose;
- Create an Account by computerized, automated, and programming means or under false or fraudulent pretenses or misrepresentations for using the platform.
- Engage in the activity of transmitting any viruses, worms, defects, Trojan horses, or any items of a destructive nature through the platform.
- Use the platform in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems, or resources connected to any of the servers connected, directly or indirectly to the platform, or interfere with any other Users' use and enjoyment of the platform.
- Carry out any denial of service (DoS, DDoS) or any other harmful attacks on the platform or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the platform or any part of the Platform or any User of the Platform.
- Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the platform.
- Obtain any materials or information through any means not intentionally made available, in the opinion of GOGAME, through the platform.
- You will not impersonate another person or impersonate guide, or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any person or entity, including our officials, employees, agents, and partners, affiliates, dealers, and franchisees.
- If We detect any fraudulent, swindling, deceiving activity from Your fraudulent User Account, suspected to be defrauding the platform, or if You are found colluding or participating in any fraudulent activity on the platform in any manner, then GOGAME shall debar you from participating in any Game or Tournament or Battle available on the platform.
- We reserve the right to deactivate or delete Your Account and all related information on it and forfeit related Balances and/or take any other appropriate action, at our sole and complete discretion, in the event of any fraudulent, illegal or suspicious activities from Your Account on the Platform.
- Any deductions or forfeiture of Balances made from Your Account shall be made at Our sole and absolute discretion and shall not result in any liability on GOGAME whatsoever. We may choose to provide a right of appeal to the user after deleting, closing, or forfeiting the balances in his/her account. However, such a right shall be provided at the sole and absolute discretion of GOGAME, and the user shall not claim such right or any other recourse from GOGAME.
- Users shall be solely responsible for any consequences that may arise due to their access to GOGAME services by conducting an illegal act or non-conformity with these Terms and Conditions and other rules and regulations GOGAME, including the provision of incorrect address or other personal details.
- You shall defend, indemnify and hold GOGAME and its officers, directors, employees, representatives, and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements (including without limitation cost of an attorney, legal charges, etc.), and a reasonable legal fee that may result from or alleged to result from your use of the platform and/or breach of any rules, regulations and/or orders under any applicable law, on a full indemnity basis for any loss/ damage suffered by GOGAME on account of such activity, exercise, motion or act on the part of the users.
- Your access to the platform may be terminated if:
- You voluntarily uninstall the Platform from Your device;
- If any, you do not pay the requisite fee should GOGAME charge for the app's use.
- We may have to terminate Your access to the platform if:
- We are required to do so by law (for example, where the access to and/or provision of the Platform to You becomes unlawful);
- The third-party person, if any, with whom We offered the Platform to You has terminated its relationship with Us or ceased to offer the related services to Us or You;
- The provision of Platform to You is no longer commercially viable or feasible for Us; or
- You are a repeat infringer, violate or dishonor this agreement.
- We may terminate this agreement at any time, with or without notice, and may disable Your access to the platform and/or bar You from any future use of the platform.
- You may terminate this agreement at any time by terminating Your access to the platform. However, certain obligations of Yours under this agreement shall continue to prevail even on such termination.
- When this agreement comes to an end, all of the legal rights, obligations, and liabilities that You and GOGAME have benefited from, been subject to (or which have accrued over time while the agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation and shall continue to apply to such rights, obligations, and liabilities indefinitely.
- GOGAME reserves the right to suspend or terminate any access to the services, including terminating or deleting any accounts and any content related without any notice or communication if there is a reasonable belief that such user is in breach of these Terms. In the event of any breach, Users who caused it shall compensate GOGAME for all losses, harm, claims, and expenses that may arise.
- GOGAME reserves the right at all times to remove or refuse to include, distribute and/or display any Content on the Services, suspend or terminate Users, and reclaim usernames and/or any channel name without any liability. GOGAME also reserves the right to access, read, preserve, and disclose any information as it reasonably believed is necessary to satisfy any applicable law, regulation, legal process, or governmental request, enforce the Terms, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, or to protect its rights, property or safety, its Users and third parties.
- There'll be no warranties for the contents provided through the platform may include technical inaccuracies or typographical errors. GOGAME may make any changes or improvements to the platform at any time. The contents or any information available on the platform is provided "AS IS" and "AS AVAILABLE." Without any warranties of any kind, GOGAME disclaims all warranties or conditions, either expressed or implied, to the fullest extent permissible under applicable laws, including but not limited to:
- Your satisfaction with the use of the platform.
- The accuracy of the data provided by the platform.
- The security and privacy provided by the platform.
- Your personal ability to use the platform.
- The platform is constantly available or available at all.
- The contents of the platform will be uninterrupted or error-free.
- Merchantability, fitness for a particular purpose, or non-infringement.
- GOGAME, its officers, directors, employees, affiliates and agents, and any other service provider(s) responsible for providing access to the platform in connection with this agreement will not be liable for any acts or omissions, including of a third party person, and including those vendors participating in GOGAME offerings, promotions, and relevant marketing supplements or technical acknowledges made to you, or for any unauthorized interception of data or breaches of this agreement attributable in part to the acts or omissions of third parties persons, that are interconnected with GOGAME.
- The platform may include links to other mobile applications or websites (some of which may be automated search results) containing objectionable, unlawful, or inaccurate materials. We do not endorse or support these links or the products and services they provide; these links are provided for Your convenience only. We are not responsible or liable for the content or accuracy of such links.
- You agree that You are responsible for all data charges. You incur through the use of the platform.
- According to the provisions set on these terms, all the rights, title, and interest in and to the Services are and will remain the exclusive property of GOGAME.
- Services are copyrighted by other trademarks, copyrights, and subjected and relevant laws. These terms don't give the users any right to use the GOGAME name or any GOGAME trademarks, logos, domain names, properties, and other distinctive brand features.
- These terms and conditions will continue to apply until and unless terminated either by users or GOGAME. If the users need to end this legal agreement with GOGAME at any time for any reason, by discontinuing the use of the services provided in the platform and contacting [email protected] to delete their account, provided that the user will still be responsible for all the conditions set in this terms for the till the end of the time they used the services. GOGAME may suspend or terminate users accounts or cease providing with all or part of the Services at any time for any reason, including, but not limited to:
- if there is a reasonable belief that such Users have violated these Terms or created a risk or possible legal exposure
- or if at its discretion the provision of the Services is no longer commercially and or technically viable.
- Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
- GOGAME makes no warranty and disclaims all responsibility and liability for
- the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content;
- any harm to Users' computer system or mobile device operating system, loss of data, or other harm that results from access to or use of the Services or any Content;
- the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and
- Whether the Services will meet Users requirements or be available on an uninterrupted, secure, or error-free basis.
- Whether oral or written, obtained from GOGAME or through the Services, no advice or information will create any warranty not expressly made herein.
- To the maximum extent permitted by applicable law, GOGAME shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly or any loss of data, use, good-will, or other intangible losses, resulting from
- the access to, use of, or inability to access to or use the services;
- any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive, or illegal conduct of other Users or third parties;
- any Content obtained from the Services;
- unauthorized access, use, or alteration of content; or
- Any natural calamities.
- The failure of GOGAME to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
- These terms shall be governed by and construed according to the Nagaland Government's laws and India's Republic. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in the relevant courts located in the city of Bangalore – INDIA. Users consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
- A Force Majeure Event is an actual or potential labor disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network that affects the company's ability to offer the services or the Games on the platform. GOGAME shall not be liable for any damages whatsoever arising out of Force Majeure Event or other similar circumstances, directly or indirectly to the Users as a result of playing Mobile Games or using the services offered by GOGAME on the platform. Force majeure or other events beyond GOGAME's control hindering, delaying, or complicating the platform's maintenance entitles GOGAME to suspend or limit the platform until further notice.
Governing law and dispute resolution
- The platform may be controlled and operated through any country and will be subject to the laws of that state in which they are controlled and operated by the user. If You use the platform from any location, you are responsible for compliance with the local laws applicable to You.
- All or any disputes arising out of or touching upon or concerning this agreement, including the interpretation and validity of the terms thereof and the parties respective rights and obligations, shall be settled through arbitration. The arbitration shall be governed by the Arbitration & Conciliation Act, 1996 (India) or any statutory amendments/modifications to that for the time being in force.
- The arbitration proceedings shall be held at Bangalore, Karnataka, by a sole arbitrator appointed by GOGAME and whose decision shall be final and binding upon all the parties.
- Subject to the arbitration clause, the courts at Bangalore, Karnataka alone shall have the jurisdiction. The language of the arbitration proceedings shall be in English.
- You and GOGAME agree that any cause of action arising out of Your use of the platform must be commenced within 3 (three) months after the cause of action accrues or You become aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action shall be permanently barred.
- Following the Information Technology Act, 2000 and rules made thereunder, We have a Grievance Officer to address Your concerns regarding data safety, privacy, and Platform usage concerns, including complaints You have against other users on the platform. We will resolve these issues raised by you within 30 (thirty) days of receiving them. You may contact the Grievance Officer at the following coordinates:
- Name: Deepak Kabadi
- Address: Flat no.3,1st floor, 'Srivari Apartment,' No.513, Sampige Road, Malleshwaram, Bangalore 560003
- Office Hours: 10:30 am - 7 pm
- Email: [email protected]
Offers and Programs Terms
- GOGAME values its referral program, which has various offers for its users like Deposit Offers, Bonus Points Offers, Offers on Games, Offers on Tournaments, Offers on Battles, Offers on Refer & Earn Program, and more. Please check the Terms and Conditions of such offers within the platform; we'll continuously update and modernize new offers. Users must have a continuous check on the offers and terms subject to encashment of such offers. GOGAME takes no responsibility for offering to tamper, sabotage, clearance, or usage. Users must use such offers on their sole and self-responsible position and discretion.
- The decision of GOGAME for the awarding of rewards and shall be final, binding, and non-rewardable.
- Participants playing the contest (s) paid formats to confirm that they are not residents of any of the following Indian states - Assam, Odisha, Sikkim, Nagaland, or Telangana. If it is found that a Participant playing the paid formats of the contest (s) is a resident of any of the abovementioned states, GOGAME shall disqualify such Participant and forfeit any prize won by such Participant. Further, the platform may, at its sole and absolute discretion, suspend or terminate such Participant's account with GOGAME. Any amount remaining unused in the User's Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the user by an online transfer to the user's bank account on record with the platform, subject to the processing fee (if any) applicable on such transfers as set out herein.
- Electronic Communications. We will send you information relating to your account (e.g., payment authorizations, invoices, changes in password or debits to Deposit Wallets, balance short-fall in payment of access fee, confirmation messages, notices) in electronic form only, for example, via emails to your email address provided during registration.
- If it is found that a Participant playing the paid formats of the contest (s) is under the age of eighteen (18), GOGAME shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, GOGAME may suspend or terminate such Participant's account at its sole and absolute discretion.
- To the extent permitted by law, GOGAME makes no representations or warranties as to the quality, suitability, or merchantability of any prizes and shall not be liable in respect of the same.
- At its sole and absolute discretion, the platform may vary or modify the rewards offered to winners. Participants shall not raise any claim against GOGAME or question its right to modify such prizes being offered before the game's/ Tournament's/battle's closure.
- The platform will not bear any responsibility for the transportation or packaging of prizes to the respective winners. GOGAME shall not be held liable for any loss or damage caused to any prizes at the time of such transportation.
- The Winners shall bear the shipping, courier, or any other delivery cost regarding the rewards.
- The Winners shall bear all transaction charges levied for delivery of cash prizes.
- All prizes are non-transferable and non-refundable. Prizes cannot be exchanged/redeemed for cash or kind. No cash claims can be made in place of rewards/prizes in kind.
Anti-Money Laundering Policy
- This Anti-Money Laundering Policy ("AML Policy") is testimony to its commitments against money laundering, financing of terrorism, and related illegal activities. It describes the company's policies and procedures instituted in an attempt to ensure that the Users are not using the Services offered by the company to facilitate the commission of any criminal offenses or violating any Applicable Laws, including but not limited to the Prevention of Money Laundering Act 2002 and the Unlawful Activities Prevention Act 1967. Although under the said laws, the company does not qualify as an entity obligated to follow the procedures prescribed herein, the company has prepared this AML Policy to ensure transparency in the activities conducted from the account and to prevent money laundering and other illegal activities over the platform in consonance with the spirit of the law.
- "Beneficial Owner" means: In case of companies, the natural person who has ownership of over 25% (twenty-five percent) of the shares; is entitled to over 25% (twenty-five percent) of the profits; or has the power, directly or indirectly, to appoint or elect more than half of the board of directors of such company, as the case may be. In the case of partnership firms/limited liability partnerships, the natural person who has ownership of over 15% (fifteen percent) of the capital; or is entitled to over 15% (fifteen percent) of the profits of such firm, as the case may be;
- "Identification Document(s)" refers to (i) Permanent Account Number (PAN) card; (ii) Passport; (iii) Driving License; (iv) Government-issued identity cards; or (v) such other document as may be notified by the company from time to time;
- "Regulated Entity" shall mean banks, financial institutions, or intermediaries who are mandated by law to maintain records under the provisions of the Prevention of Money-laundering (Maintenance of Records of the Nature and Value of Transactions, the Procedure and Manner of Maintaining and Time for Furnishing Information and Verification and Maintenance of Records of the Identity of the Clients of the Banking Companies, Financial Institutions, and Intermediaries) Rules, 2005 ("Verification Rules").
- "Suspicious Transactions" refers to the following activities, whether attempted or executed:
- Terrorist financing: transactions which to a person acting in good faith appear to have been done to collect funds, in whole or in part, by any terrorist or related organization, or to carry out any of the activities relating to terrorism, or terrorist acts;
- Unusually Complex: transactions which to a person acting in good faith appear to have been structured in a manner of unusual or unjustified complexity;
- Mala-fide Purpose: transactions to a person acting in good faith appear to have not been transacted for bonafide purposes or do not have a sound economic rationale.
- Money Laundering: transactions which to a person acting in good faith appear to involve proceeds of any offense listed in the Schedule to the Prevention of Money Laundering Act, 2002.
- Policy Changes – The Company may change and update this AML Policy from time to time. The platform may make such changes without prior notice, but any changes will only apply to activities and information as we advance and not on a retroactive basis. You are encouraged to review this AML Policy whenever you access the platform.
- You acknowledge that you must ensure compliance with the terms and conditions described in this AML Policy and accord Your consent to not using the Services and the platform in any manner which results in committing/attempting to commit any criminal offenses.
- You must ensure that any personal information and/or Identification Documents submitted by You belong to You.
- You must update any information provided by You basis on your Identification Documents within 30 (thirty) days of any change or modification.
- In case You are acting on behalf of a juridical person, You must identify the Beneficial Owner and also assist in the verification of the identity of such Beneficial Owner and any individual who purports to act on behalf of such juridical person.
- Purpose of this Policy – To mitigate its risks relating to money laundering and other illegal activities, the company intends to put in place this policy which has the following elements:
- Customer Acceptance and Verification Terms;
- Risk Management Procedure; and
- Transaction Monitoring Terms
Customer Acceptance and Verification Terms
- Money may be deposited or withdrawn from the concerned GOGAME Account by a User only employing an account maintained with a Regulated Entity. It is clarified that only those Users whose accounts with the Regulated Entity have been verified by the Regulated Entities by the Verifications Rules may deposit or withdraw money from their GOGAME Account.
- Notwithstanding the preceding, GOGAME reserves the right to seek further information from the Users, including Identification Documents.
- The company may, in its sole discretion, refuse to open any new Account, terminate an existing account after giving due notice, or refuse to process any transactions on the Platforms if it is unable to ensure Your compliance with this AML Policy, either due to non-cooperation by the user or due to the details provided by the user being found unreliable or unverifiable to the company's satisfaction.
Risk Management Procedure
- The company may categorize its Users, including You, into low, medium, or high-risk categories after undertaking an appropriate risk assessment of each user based on the following factors (including without limitation):
- Sufficiency and adequacy of identification information submitted by the user;
- User's social and/or financial status;
- Nature of User's business/vocational activities; or
- Guidance notes circulated by various governmental and intergovernmental organizations.
- You acknowledge that to maintain the integrity of the risk management procedure, the company will keep Your risk categorization and any confidential data. You will not be entitled to seek disclosure of Your risk categorization. However, the company may disclose the user's risk categorization data to the competent enforcement authority if it finds that a particular User has executed or is likely to execute any Suspicious Transaction.
Transaction Monitoring Terms
- All transactions executed and/or attempted to be executed from the account are regularly monitored by the company, both manually and through use of software-based algorithms, to promptly identify and highlight certain kinds of the transaction including without limitation, the following kinds of transactions:
- High-value transactions of such amounts as may be specified by GOGAME from time to time or as may be required under Applicable Law;
- Low value but the repetitive transaction of such amounts as may be specified by GOGAME from time to time or as may be required under Applicable Law; and
- Suspicious Transactions.
- From time to time, the company may undertake a necessary investigation to identify and examine transactions inconsistent with any User's risk profile (determined following Clause 7 (Risk Management Procedure) above), sophistication, and expected usage pattern.
- The extent of monitoring shall depend on various factors, including each user's risk profile.
- From time to time, the company may undertake a necessary investigation to identify and examine transactions inconsistent with any User's risk profile (determined by Clause 29 (Risk Management Procedure) above), sophistication, and expected usage pattern.
Maintenance of Records – The Company will maintain and preserve the following:
- Records of all transactions executed on the platform for at least 3 (three) years from the date of each transaction.
- Records of all transactions identified under Clause 8 (Transaction Monitoring Terms) above for at least 3 (three) years, including but not limited to the information about the nature, value, and parties to such transactions and their date of remittance.
- Identification records of Users during the subsistence of and for at least 3 (three) years from the date of termination of such account.
Compliance, Disclosure, and Notices
- From time to time, the company may share information regarding transactions identified under Clause 30 (Transaction Monitoring Terms), identification information of such Users, or any other information mandated under the Applicable Law with the appropriate enforcement authorities.
- To improve the integrity and transparency of transactions on the Platform, You are encouraged to report any information You are privy to or become privy to in the future regarding any Suspicious Transactions or transactions You have to find or have reason to believe are dubious to our Compliance Officer by writing to them at [email protected].
- To ensure compliance with this AML Policy and/or the Applicable Law, the company may be required to send You notices from time to time. All such notices will be sent to such address as provided by You under Clause 6 (Customer Acceptance and Verification Terms) of this AML Policy. You are required to share any information according to the procedures contained in this AML Policy; such communication may be made by You electronically by sending an email to [email protected].