The terms and conditions and other policies open on our app and website composes a legally binding contract between You and GG Online Private Limited (“GOGAME”, “Our”, “We”, “Us”).
GOGAME App is called “The Platform”, “Platform”, in this document.
PLEASE READ THIS TERMS AND CONDITIONS BEFORE USING ANY OF THE SERVICES PROVIDED BY GOGAME.
Note: If you don’t agree to any terms, please refrain from not playing any games or using products in GOGAME.
Avoid using the GOGAME platform if you do not wish to agree on any of these terms. Please go through these sections to get the whole understanding.
1.1. GG ONLINE PRIVATE LIMITED is an Indian company incorporated under the Companies Act, 2013. GOGAME operates a Mobile Games and Social platform in India, which offers different competition games developed by us and a platform for the users to share images headlined “Stories”.
1.2. Highlighted terms used herein but not defined shall have the meanings ascribed to them under section 1.9 (Meanings and Description) of this Contract.
1.3. All the people who are using this platform or is a player in GOGAME applies to this Agreement.
1.4. Users must accept this Agreement to Register, browse, download or access any feature or service of GOGAME.
1.5. The access of the Platform will be removed from the user if he or she does not accept or agree to any of the terms of this Agreement.
1.6. GOGAME holds the authority to change, remove, update, or review any part of Terms and Conditions.
1.7. Any changes made will be updated here in the relevant sections. Users should frequently visit this page of updates.
1.8. Users must have a good understanding of the Terms and Conditions of this platform.
1.9 Users must refrain the use or non-use of the app for Applicable Law according to the State Laws.
1.9.2. “Applicable Law” means all laws, statutes, common law, regulations, ordinances, 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.
1.9.3. “Competition” is a skill-based contest offered by the Platform in which Users face other players in a tournament. Competitions are 'Paid' where users have to pay some entry fee and 'Free' where the contest is open to all the users.
1.9.4. “Wallet” is the balance (either in the form of cash or Lightcoins) available in an Account and involves the amount added as Deposits by a User or/and received through Winnings by playing in Competitions at GOGAME.
1.9.5. “Deposit” is the amount of money added by the User to his or her Account by solely preferred payment mode.
1.9.6. “Entry-Fee” refers to the payment which Users pay from their Account to compete in a Competition on the Platform.
1.9.7. “Mobile Games” refers to our skill games.
1.9.8. “Lightcoins” is an award in the form of GOGAME Virtual Coins that may be given to any User at GOGAME’s sole discretion for participating on the Platform
1.9.9 “Winning Prize” are prizes (either in the form of Lightcoins or cash) given to a User for winning a particular Competition at GOGAME.
1.9.11 “BRO” is GOGAME assistant which will guide users with the available features and terms.
1.9.12 “Stories” is a feature where users can share a memory with their connections. Stories are visible on your profile for 24 hours, and infinite time until you delete it from your profile.
This Agreement is published by the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines) Rules, 2011.
2.1 The Platform is designed to provide you in-App Flow, so you don’t need any web browser installed or any software downloaded separately to use GOGAME
3.1 Registration: You may register by approving and agreeing to this Agreement and providing Your registered mobile phone number on the Platform. You will be verified by GOGAME using a one-time password (“OTP”) system. Upon successfully verifying the OTP, an account will be created for You (“Account”).
3.2 On Registration, user get rewarded with 51 INR deposit cash or bonus cash or more(If Applicable)
3.3 By registering for an Account, You represent, warrant and agree that:
a) You fulfil the eligibility criteria as detailed;
i) Usage of any part of GOGAME that includes but not limited to Browsing, Registering, Downloading, Using or Accessing by you on any part of the platform or even utilising or consuming the services offered by GOGAME will be deemed to constitute a legal contract between the User and GOGAME.
ii) A User may use the Platform if (a) 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 User uses the Platform; or (b) it is a juristic Person, as per any Applicable Law, regulation or generally accepted industry practices and guidelines applicable in the country where User is registered, where User maintains its principal office or from where User uses the Platform.
iii) 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 Agreement with GOGAME.
iv) The Platform should not be used, installed, or played by any Person under the age of 16 years.
v) The Mobile Games and the Services available on the platform is only for the persons or citizens in India. Persons residing in the state of Assam, Odisha, Nagaland, Sikkim and Telangana (Collectively referred as “Restricted States”) are prohibited from participating in any competition hosted by GOGAME. There may be certain games that are available for gameplay. Special Game List rules will be forwarded soon.
vi) GOGAME doesn’t represent it’s staff, employee, directors, board, influencers, third-party vendors, associates, etc. to participate in any of the Mobile Games that could alter the Algorithms, Flows, and Cause harm to the opposite user. No such persons from GOGAME could alter, modify or unduly influence his/ her performance to harm user scores, skills, and dexterity. If any person is seen or viewed or complained to GOGAME of such behaviour, we’ll take strict action against them.
vii) GOGAME believes in complete non-tolerance of unfair means, hereby if any user is viewed that they’ve violated terms and conditions offered by GOGAME, we’d terminate the User Account and/ or deny access to the Platform. Some unfair means would permanently deactivate your account, without refund.
b) You are using Your actual identity and the mobile phone number you have provided IN registered in Your own name;
c) You will provide only true, accurate, current, and complete information about Yourself, including optional information such as Your profile photo, cover photo, username, bio, etc., on the Platform (collectively referred as “User Details”);
d) You will maintain and promptly update the User Details and other information that You provide on the Platform to keep it true, accurate, current, and complete.
3.4 The Users acknowledge that their User Details will be accessible to other User on the Platform and shall be available for GOGAME to create promotional and interactive content over the Platform.
3.5 Your Account is for Your personal use only. You shall not impersonate someone else. By creating an Account after providing a mobile phone number and verifying it using an OTP, You represent, warrant, and agree that You are authorized to use the Platform and will abide by the Agreement.
b) You are responsible for maintaining the confidentiality of passwords & wallet associated with any Device You use to access the Platform. Accordingly, You are solely responsible for all activities that occur with Your device. If You become aware of any unauthorised use of Your device, You are required to notify the relevant authorities as soon as possible.
a) In order to participate in certain Contests, the Users may be required to pay an Entry Fee in the form of cash. Users may add cash to their Account by using any of the payment modes available on the Platform.
b) The Deposits may be used to participate in Contests in the manner provided under section 4 (Participation in Contests). There may be certain Contests which allow for payment of the Entry Fee in the form of GOGAME Lightcoins or may allow for part payment of the Entry Fee in the form of GOGAME Lightcoins and the remainder of the Entry Fee from the Deposit/Winnings.
3.9.Each User is solely responsible for all activities that occur under their Account, including the use of any of the Services on the Platform.
3.10 . GOGAME grants such Users a non-transferrable, limited, non-exclusive and revocable privilege to register an Account on and use the Platform.
3.11 . If GOGAME identifies that the same User Details are being used under multiple accounts, then GOGAME at its sole discretion will terminate/deactivate the Account without the Users’ consent and any Deposit in the Account will not be refunded.
3.12 . If any User trying to Disintegrate the TERMS & CONDITIONS of GOGAME. 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.
3.13 . GOGAME may, at its sole and absolute discretion restrict, change, suspend, or terminate any User’s access to all or any part of the Platform, including but not limited to:
a) reject, move, or remove any material that may be submitted by the User;
b) move or remove any content that is available on the Platform;
c) deactivate or delete an Account and all related information and files on their Account;
d) establish general practices and limits concerning use of the Platform and the services; and
e) assign its rights and liabilities with respect to all Accounts hereunder, to any entity.
3.14 . 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.
3.15 . The Users also accept to receive news, updates, offers/campaign related SMS, MAIL to the mobile phone number or mail id provided by the User, except when prohibited under Applicable Laws.
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 excise, value added tax,GST, tariffs, etc taxes will be deducted and disbursed
GOGAME charges Platform Fee from the User(s), for offering its e-platform for hosting various games of skill tournaments and providing the service to Users to participate in those games.
The Platform fee for all the games is at a fixed rate % of entry fee and is between 0% to 33% and under extreme exceptional scenarios may go beyond the range.
The Tournaments hosted in GOGAME app ranges between Rs. 0 to Rs. 35000.
4.1 . The Users may use the Platform to participate in a variety of Contests available on the Platform.
4.2 . In order to participate in a Contest, each User may be required to pay an Entry Fee to the Platform which is deducted from the Balance available in the Account of the User.
4.3 . Each Contest has a predetermined limit on the number of Users that can participate and a specified time before which entries must be made. A Contest is deemed to be a valid Contest on the Platform, only if the requisite number of Users register for the Contest before the prescribed entry time.
4.4 . Any amount received by GOGAME as Entry Fee for participation in a Contest shall be non-refundable, except in the event that a Contest has been cancelled.
4.5 . Contests shall be announced by the GOGAME from time to time in any manner that is convenient to the Company, and GOGAME reserves the right to extend the participation and time limit for registration, cancel any Contest, and modify any terms, all with due notice to the Users of the Platform.
a) Awards for all Contests shall be pre-declared at the time of registration in the specific rules applicable to such Contest. Awards may be in the form of GOGAME Lightcoins, cash or promotional gifts.
b) Users are eligible to withdraw only cash Winnings from his/her Account to his/her respective bank/wallet account once it is KYC (Know Your Customer) verified.
c) 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 certain details: (i) photograph of a valid government ID (Aadhaar Card, Driving License, PAN Card, Voter Card, Driving License etc.); and (ii) other User Details.
d) GOGAME does not issue receipts for entries in the Contests. The entries are accounted within the Account on the Platform. It is the responsibility of the Users to ensure that the entries are accurate and the Winnings are duly credited to his Account.
e) Any tax/levies/duty etc., as applicable on material prizes, shall be paid by the winner of the game. Based on TDS (tax deducted at source) Rules for any sort of game winning in India, 31.2% TDS should be deducted on any winning above Rs.10,000/- in a single game.
5.1 . The Platform is operated and designed to provide You an in-app browsing experience through an embedded browser.
5.1.2 . The Mobile Games will have their own rules and code of conduct (“Game Rules”) which shall be adhered to by all Users at all times.
5.1.3 . When You play a Mobile Game, You agree and acknowledge that the Platform does not create and/or 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, that may be accessed by You through the Platform.
6.1 . The Mobile Games hosted by GOGAME on the Platform are all Games of Skill (defined below). Different Mobile Games will reward different skills, but each game will reward certain 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 by the Users using their skills to play the games.
6.2 . Users must note that all Mobile Games available on the Platform are games where the success or/and performance of the Users depends predominantly upon their superior knowledge, training, attention, experience and adroitness (“Games of Skill”) in 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.
6.3 . Hence, the individuals residing in the Restricted States should not participate in any Contest 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.
6.4 . GOGAME reserves the right to monitor all activities from the User’s Account on the Platform. If any User participates in any Contest or Mobile Games in violation of any central and/or state law(s) in India, 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.
6.5 . 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 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.
7.1.GOGAME suggests that Users adopt a balanced approach while engaging with any of the Mobile Games on the Platform and safeguard themselves against any adverse effects. If played responsibly, Mobile Games (like other forms of sports) aim to encourage Users to develop their mental prowess, hand-eye coordination, competitiveness and encourage teamwork.
7.2 . You should take certain standard health and safety precautions while playing any Mobile Game, including taking adequate breaks, sitting at a reasonable distance from the screen, playing in a well-lit environment, and avoiding playing when tired, drowsy, intoxicated or under the influence of drugs Avoid playing without breaks over long periods of time as this could affect Your performance and could negatively impact hand-eye coordination, balance, and multi-tasking ability.
7.3.The Platform or the Mobile Games offered on the Platform may contain flashing lights, realistic images, patterns and simulations which may cause certain 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.
7.4 . If You play any Mobile Games on the Platform, give Yourself plenty of room to play and always be aware of Your surroundings. While playing any Mobile Game You may be moving around the play area and using Your hands to control gameplay. You must ensure that You are not near other people, objects, stairs, balconies, windows, walls, furniture or other objects that may pose a danger to You or could be damaged during the play. Never handle sharp or dangerous objects while playing any Mobile Game on the Platform.
7.5.It is Your responsibility to control Your surroundings and movements at all times 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.
7.6 . 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.
7.7 . You hereby agree that if the terms of this Agreement are not adhered by You, GOGAME will be irreparably damaged, and therefore You agree that the Platform shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect to any breach of this Agreement, in addition to any other remedies available under Applicable Law.
8.1 . GOGAME may provide Users with different communication channels such as forums, live audio sessions, live audio chat with other players participating in any Contest, community groups, chat-rooms or chat areas (“Communication Facilities”) designed to enable You to communicate with other Users on the Platform.
8.2 . GOGAME only provides Users with the technical environment for an exchange of information. GOGAME does not initiate, select the receiver and/or modify any information exchanges inter se amongst the Users through the Communication Facilities. Further, GOGAME has no obligation to and does not monitor these Communication Facilities except when required to do so under the provisions of Applicable Law
8.3 . The User may use the Communication Facilities as made available to them by the Platform. GOGAME may provide certain additional features or Communication Facilities to a select group of Users at its sole discretion. The Users do not have the right to claim any Communication Facilities on the Platform.
8.4 . GOGAME may enable audio sessions and live chat-rooms on the Platform for the Users from time-to-time. These sessions or/and chat rooms will be conducted by other users to (i) organize training; (ii) provide tips to play Mobile Games; (iii) provide educational content; or (iv) conduct other interactive sessions on the Platform. The sessions or/and chat rooms may have an open entry or may be restricted to a limited number of Users at GOGAME’s sole discretion. Users might be required to pay an entry fee to participate in any of these live sessions or/and chat rooms hosted by GOGAME on the Platform.
8.5 . You understand that, by using these Communication Facilities, You may be exposed to communications (including in written, verbal, electronic, digital, machine-readable or other form) that You might find objectionable. You understand that any content sent or appearing through the Communication Facilities is the sole responsibility of the User(s) transmitting such content and GOGAME is not liable for any content posted on the Communication Channels.
8.6 . All Users of the GOGAME Platform must comply with Applicable Law at all times while using the Services of Platform, including Communication Facilities and must not publish or distribute any content which: (a) violates an Applicable Law, goes against common decency, or breaches the general terms and conditions of the Agreement; or (b) violates any trademarks, patents, utility or design patterns, copyrights, trade secrets, or other proprietary rights of third parties; or (c) impersonate any real person, including without limitation GOGAME or any other GOGAME agent or employee; or (d) is obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature; or (e) is of an abusive, harassing, threatening or defamatory nature; or (f) seeks to unlawfully obtain login information or access to Accounts belonging to other Users; (g) contains personal data of third parties without their explicit consent; or (h) seek to collect, misuse, or disseminate any other User’s content or nonpublic personal information; or (i) is commercial, in particular promotional, in nature; (j) encourages or promotes gambling or money-laundering.
8.7 . Under no circumstances will GOGAME or its third-party providers shall be liable for any errors, objections or omissions in any content or for any loss or damages of any kind incurred as a result of the content posted on its Platform.
9.1 . You will not use the Platform, or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement or under Applicable Law.
9.2 . You will not use the Platform, or any content provided thereof:
9.2.1 . to host, display, upload, modify, publish, transmit, update or share any information that belongs to another Person and to which the User does not have any right to;
9.2.2 . is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging,
9.2.3 . that is relating to or encourages money laundering or gambling, or is otherwise unlawful in any manner whatsoever;
9.2.4 . that harms minors in any way;
9.2.5 . that infringes any patent, trademark, copyright or other proprietary rights; violates any Applicable Law for the time being in force;
9.2.6 . that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
9.2.7 . which impersonates another Person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform or any other computer resource;
9.2.8 . that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence 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.
9.3 . 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.
9.4 . You will not circumvent or disable any digital rights management, usage rules, 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.
9.5 . You will not attempt to or engage in any activity that may
9.5.1 . 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;
9.5.2 . use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Platform or content thereof;
9.5.3 . collect information about Users for any illegal or unlawful purpose;
9.5.4 . create any Account by automated means or under false or fraudulent pretences for using the Platform;
9.5.5 . transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platform;
9.5.6 . 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;
9.5.7 . 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;
9.5.8 . forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Platform; and/or
9.5.9 . obtain any materials or information through any means not intentionally made available, in the opinion of GOGAME, through the Platform.
9.6 . 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, but not limited to Our officials, eGOGAMEoyees, agents, partners, affiliates, dealers and franchisees.
9.7 . If We detect any activity from Your User Account that is fraudulent, suspected to be defrauding the Platform, or if You are found colluding or participating in any kind of fraudulent activity on the Platform in any manner, then You shall be debarred from participating in any Contest available on the Platform.
9.8 . 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 absolute discretion, in the event of any fraudulent, illegal or suspicious activities from Your Account on the Platform.
9.9 . 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 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.
9.10 . Indemnification: 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, reasonable legal fee that may result from or alleged to result from (a) Your use of the Platform or any content thereof, including Mobile Game; or (b) Your breach of any rules, regulations and/or orders under any applicable law.
9.11 . You are also responsible for any breach of Your obligations under the Agreement and/or for the consequences of any such breach.
10.1 . Your access to the Platform may be terminated if:
10.1.1 . You voluntarily uninstall the Platform from Your device;
10.1.3 . You do not pay the requisite fee, if any, should GOGAME charge for use of the App.
10.2 . We may have to terminate Your access to the Platform if:
10.2.1 . We are required to do so by law (for example, where the access to and/or provision of the Platform to You becomes, unlawful);
10.2.2 . 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 to You;
10.2.3 . The provision of Platform to You, is no longer commercially viable or feasible for Us; or
10.2.4 . You are a repeat infringer of this Agreement.
10.3 . 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.
10.4 . 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.
10.5 . 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 whilst 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.
11.1 . No warranties: The Contents provided through the Platform may include technical inaccuracies or typographical errors. GOGAME may make 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” and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to Applicable Laws, including but not limited to:
11.1.1 . any implied warranty or merchantability, fitness for a particular purpose;
11.1.2 . that the contents of the Platform will be uninterrupted or error-free;
11.1.3 . that defects, if any on the Platform will be corrected;
11.1.4 . the Platform being constantly available or available at all;
11.1.5 . installation or uninstallation choices in relation to the Platform being successfully executed in all cases;
11.1.6 . Your personal ability to use the Platform;
11.1.7 . Your satisfaction with the use of the Platform;
11.1.8 . the accuracy of the data provided by the Platform;
11.1.9 . the security and privacy of Your data;
11.1.10 . that all bugs or errors in relation to the Platform will be corrected;
11.1.11 . that the Platform will be compatible with all devices and all networks;
11.1.12 . that the Platform is fit for a particular purpose or use;
11.1.3 . that the Platform and the contents thereof are accessible in every location; or
11.1.4 . that the Platform and the contents would be perpetually secure and not prone to breaches of security anywhere in the world.
11.2 . 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 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, or for damages that result from the operation systems, equipment, facilities or services provided by third parties Persons that are interconnected with GOGAME.
11.3 . The Platform may include links to other mobile applications and/or websites (some of which may be automated search results) which may contain materials that are objectionable, unlawful, or inaccurate. 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.
11.5 . You agree that You are responsible for all data charges You incur through use of the Platform.
11.6 .Limitation of liability : Your use of the Platform, or any content, including Mobile Game, available thereof is entirely at Your own option and risk and We shall be held harmless and not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to Your use of the Platform or any content thereof, including Mobile Game. To the maximum extent permitted by Applicable Law, Our total liability to You for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the Balance in your Account.
11.7 . You may terminate Your access to the Platform if You are not satisfied with the Platform or any Mobile Games.
11.8 .Force Majeure: 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. A Force Majeure Event is a real or potential labour 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/and the Mobile Games on the Platform. Force majeure or other event beyond GOGAME’s control hindering, delaying or complicating the maintenance of the Platform entitles GOGAME to suspend or limit the Platform until further notice.
12.1 . 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, then, You are responsible for compliance with the local laws applicable to You.
12.2 . All or any disputes arising out of or touching upon or in relation to this Agreement including the interpretation and validity of the terms thereof and the respective rights and obligations of the parties shall be settled through arbitration. The arbitration shall be governed by the Arbitration & Conciliation Act, 1996 (India) or any statutory amendments/modifications thereto for the time being in force.
12.3 . The arbitration proceedings shall be held at Bangalore, Karnataka by a sole arbitrator who shall be appointed by GOGAME and whose decision shall be final and binding upon all the parties.
12.4 . 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.
12.5 . 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.
In accordance with the Information Technology Act 2000 and rules made thereunder, We have a Grievance Officer to address Your concerns regarding data safety, privacy, and the 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 from receiving them. You may contact the Grievance Officer at the following coordinates:
Name: Vaibhavi S S
Address: Flat no.3,1st floor, 'Srivari Apartment', No.513, Sampige Road, Malleshwaram, Bangalore 560003
Office Hours: 10 am – 6 pm
GOGAME values its referral program, that has various offers for its users like Deposit Cash Offer, Bonus Cash Offer, Refer & Earn offers, and more. We’ll update our referral program as soon as we release any offer in the app.
GOGAME provides a personalised image sharing platform service that allows users/ you to access audio-visual, static image content including but not limited to Audios, Shows, Talks, Chats, Tutorials, Trainings, Seminars, Infographics, etc. (collectively referred to as "GOGAME Content") streamed over the internet via the application available in Android and iOS platforms. This GOGAME Content published over the app, is accessible only via the GOGAME Application on your smart phones with necessary hardware and software requirements for accessing the GOGAME Content.
1.1. Your access to the GOGAME Content service is dependent upon payment of the designated fee (“access fee”) which shall be deducted from your Deposit Wallet. We may charge appropriate goods and service taxes on the access fee in addition to the access fee. In case your Deposit Wallet does not have sufficient balance to meet the access fee, you shall be prompted to top up your Deposit Wallet and once topped up, you will be given access to the GOGAME Content on payment of the access fee. To use the GOGAME Content service you must have Internet access and a GOGAME Content-ready device.
2. Free Trials
2.1. We may offer some GOGAME Content free of cost and such GOGAME Content may be accessed on the GOGAME Content-ready device without any deductions from your Deposit Wallet.
3.1 We reserve the right to offer the GOGAME Content on a subscription model or any alternate model of payment and access at our sole discretion.
4. GOGAME Content Service
4.1. You must be 18 years of age, or the age of majority in your province, territory or country, to access the GOGAME Content service. Minors may not access or use the GOGAME Content service.
4.2. The GOGAME Content service and any content accessed through the service are for your personal and non-commercial use only and may not be shared with anyone. While accessing the GOGAME Content after paying the relevant access fee we grant you a limited, non-exclusive, non-transferable right to access the GOGAME Content service and access GOGAME Content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for broadcasting, public performances, sharing over any channels etc.
4.3. You may access the GOGAME Content only within India and we reserve the right to place any geographic restrictions on access to such content depending upon licensing conditions or having regard to local laws. The content that may be available for you to access will vary by geographic location and will change from time to time. Certain GOGAME Content may be available for live streaming and shall not be available on the GOGAME Content-ready device once the live-stream is over. Such content shall have to be accessed at designated streaming times according to the schedule available on the GOGAME platform and we shall not be responsible for any loss in content warranted by a delay in accessing the said content.
4.4. The GOGAME Content service, including the content library, is regularly updated. In addition, we may continually test various aspects of our service, including our website, user interfaces, promotional features and availability of GOGAME Content.
4.5. Unless otherwise specified, payment of access fee for a particular GOGAME Content entitles you to access it only once and any repeat access of the same content shall require you to pay the access fee again. We may at our sole discretion offer content that is available for temporary download and offline access on your GOGAME Content-ready device (“Offline Content”). Such Offline Content once downloaded onto your GOGAME Content-ready device may be accessed as many times as you wish without requiring payment of additional access fees. Limitations apply, including restrictions on the number of Offline Content per account, storage limitations of your GOGAME account and / or your GOGAME Content-ready device, the maximum number of GOGAME Content-ready devices that can contain Offline Titles per account, the time period within which you will need to begin accessing Offline Titles and how long the Offline Titles will remain accessible. As GOGAME Content is not available outside India, Offline Titles may also not be playable in countries outside India even though they were originally accessed, downloaded and stored while the user was in India.
4.7. The quality of the audio or display of the GOGAME Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Certain enhanced audio and video capabilities are subject to your Internet service and device capabilities. Not all content may be available on enhanced audio or video capabilities and default audio and video settings on cellular networks will exclude such enhanced capabilities. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to stream the GOGAME Content once access to such content is granted will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your GOGAME Content-ready device.
4.8. GOGAME platform software is developed by, or for, Galactus and is designed to enable use of GOGAME services including GOGAME Content services through GOGAME Content-ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the GOGAME application and related third-party software.
5. Passwords and Account Access. The user who created the GOGAME account and is charged the access fee for the GOGAME Content (the “Account Owner”) has access and control over the GOGAME account and the GOGAME Content-ready devices that are used to access our service and is responsible for any activity that occurs through the GOGAME account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the GOGAME Content-ready devices that are used to access the service and not reveal the password or details of the payment methods associated with the Deposit Wallet of the account to anyone.
6. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Galactus / GOGAME or our partners from identity theft or other fraudulent activity.
7. Warranties and Limitations on Liability. The GOGAME Content service is provided “as is” and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence.
8.2. Unsolicited Materials. We do not accept unsolicited materials or ideas for GOGAME Content and we are not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to us.
8.6. 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 exaGOGAMEe via emails to your email address provided during registration.
This Anti-Money Laundering Policy (“AML Policy”) is testimony to the Company’s 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 Services offered by the Company are not being used by the Users to facilitate commission of any criminal offences or violating any Applicable Laws, including but not limited 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 law.
1.1 . “Beneficial Owner” means: In case of companies, the natural person who has ownership of over 25% (twenty five per cent) 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 maybe. In case of partnership firms/limited liability partnerships, the natural person who has ownership of over 15% (fifteen per cent) of the capital; or is entitled to over 15% (fifteen per cent) of the profits of such firm, as the case maybe;
1.2 . “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”).
1.3 .“Suspicious Transactions” refers to the following activities, whether attempted or executed:
(i) Terrorist financing: transactions which to a Person acting in good faith appear to have been done in order to collect funds, in full or in part, by any terrorist or related organization, or in order to carry out any of the activities relating to terrorism, or terrorist acts;
(ii) Unusually Complex: transactions which to a Person acting in good faith appear to have been structured in a manner of unusual or unjustified complexity;
(iii) Mala-fide Purpose: transactions which to a Person acting in good faith appear to have not been transacted for bona-fide purpose or do not have a sound economic rationale.
(iv) Money Laundering: transactions which to a Person acting in good faith appear to involve proceeds of any offence listed in the Schedule to the Prevention of Money Laundering Act, 2002.
3. Policy Changes – The Company may change and update this AML Policy from time to time. Such changes may be made without prior notice, but any changes will only apply to activities and information going forward, and not on a retroactive basis. You are encouraged to review this AML Policy whenever you access the Platform.
4.1 . You acknowledge that it is Your duty to 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 offences.
4.2 . You must ensure that any personal information and/or Identification Documents submitted by You belong to You.
4.3 . You must update any information provided by You basis your Identification Documents within 30 (thirty) days of any change or modification thereof.
4.4 . In case You are acting on behalf of a juridical person, You must identify the Beneficial Owner and also assist in verification of the identity of such Beneficial Owner and any individual who purports to act on behalf of such juridical person.
5. Purpose of this Policy – In order 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:
(i) Customer Acceptance and Verification Terms;
(ii) Risk Management Procedure; and
(iii) Transaction Monitoring Terms
6.2 . Money may be deposited or withdrawn from the concerned GOGAME Account by a User only by means of 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 in accordance with the Verifications Rules may deposit or withdraw money from their GOGAME Account.
6.4 . Notwithstanding the foregoing, GOGAME reserves the right to seek further information from the Users, including Identification Documents.
6.5 . The Company may, in its sole discretion, refuse to open any new Account, terminate 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.
7.1 . 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):
(i)Sufficiency and adequacy of identification information submitted by the User;
(ii) User’s social and/or financial status;
(iii) Nature of User’s business/vocational activities; or
(iv) Guidance notes circulated by various governmental and intergovernmental organizations.
7.2 . You acknowledge that in order to maintain the integrity of the risk management procedure, the Company will keep Your risk categorization and any data related thereto confidential. 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.
8.1 . 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, in order to promptly identify and highlight certain kinds of transaction including without limitation, the following kinds of transactions:
(i) High value transactions of such amounts as may be specified by GOGAME from time to time or as may be required under Applicable Law;
(ii) Low value but repetitive transaction of such amounts as may be specified by GOGAME from time to time or as may be required under Applicable Law; and
(iii) Suspicious Transactions.
8.2 . The Company may, from time to time, undertake necessary investigation in order to identify and examine transactions inconsistent with any User’s risk profile (determined in accordance with Clause 7 (Risk Management Procedure) above), sophistication, and expected usage pattern.
8.3 . The extent of monitoring shall depend on various factors including upon each User’s risk profile.
8.4 . The Company may, from time to time, undertake necessary investigation in order to identify and examine transactions inconsistent with any User’s risk profile (determined in accordance with Clause 7 (Risk Management Procedure) above), sophistication, and expected usage pattern.
(i) Records of all transactions executed on the Platform, for a period of at least 3 (three) years from the date of each transaction.
(ii) Records of all transactions identified under Clause 8 (Transaction Monitoring Terms) above for a period of 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.
(iii) Identification records of Users during the subsistence of and for a period of at least 3 (three) years from the date of termination of such Account.
10.1 . The Company may share, from time to time, information regarding transactions identified under Clause 8 (Transaction Monitoring Terms), identification information of such Users, or any other information mandated under the Applicable Law, with the appropriate enforcement authorities.
10.2 . In order 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 find or have reason to believe are dubious in nature, to our compliance Officer by writing to them at firstname.lastname@example.org
10.3 . In order 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. Where 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@example.com
10.4 . You may also contact us at the following address: Flat no.3,1st floor,'Srivari Apartment', No.513, Sampige Road, Malleshwaram, Bangalore 560003