1. Introduction
- This user agreement (the "Agreement"), which includes those terms
and
conditions expressly set out below and those incorporated by
reference
including the terms of the Privacy Policy and the Game Rules (as
defined in
section 9 below) is an agreement between you (the "User", "you" and
"your"),
and Gridlogic Games Private Limited and its licensors,
subsidiaries,
associates, affiliates and partners (the "Company", "us", "we" and
"our")
which governs your use of the products and services ("Services")
provided by
Gridlogic Games Private Limited (the "Company") through the www.x1games.in website (the
"Site") and associated
software ("Software"). By using any of the Services you are agreeing
to all
the terms of this Agreement.
- If any of the terms of the Agreement are determined to be unlawful,
invalid,
void or unenforceable for any reason, it shall not affect the
validity and
enforceability of the remaining terms. Any failure or delay on our
part to
act or exercise any right or remedy with respect to a breach of any
of the
terms of this Agreement by you shall not be construed as a waiver of
our
right to act with respect to the said breach or any prior,
concurrent,
subsequent or similar breaches.
2. Agreement
- You should ensure that you read, understand and agree with all the
terms and
conditions contained in the Agreement, before you may use the
Services. You
should only use the Services if you have read and understood the
Agreement
and agree to abide by its terms and conditions. If you have any
questions
about the Agreement please contact us at support@x1games.in
- We reserve the right to amend, modify or change any of the terms of
this
Agreement at any time, and it is advisable to regularly look at
these terms.
We shall give notice of such changes ("Notice") either by email
notification
to the email address provided to us by you upon registration, or by
posting
the amended Agreement on the Site. Such modifications could include
changes
to any of our Game Rules. If you do not agree with the terms of the
amended
Agreement, you may terminate your use of the Services by notifying
us that
you wish to terminate your Account. Your continued use of the
Services will
be deemed to constitute your acceptance of the changes to the
Agreement.
3. Ownership
Use of the www.x1games.in name and
any
of the other names or
marks associated with the Site, the Services or the Software is strictly
forbidden, unless it is used with the express written permission of the
Company.
The Site, the Services and the Software, including its code,
documentation,
appearance, structure, and organization is an exclusive product of the
Company,
which retains all rights, tangible and intangible, to the www.x1games.in website, the games
therein, software,
codes, copies, modifications, or merged parts.
4. Eligibility
Competitions and tournaments organized by "Us" on the Website may be of
several
types including Cash Tournaments, Promotional Tournaments, and Practice
Tournaments.
- In order to use the Services, a User must register for a user
account
("Account"), and truthfully and accurately provide all mandatory
information.
- In order to participate in Practice Games (as defined in section 4.3
below),
you must be at least 18 years old.
- In order to participate in Real Chip Games, you must satisfy the
following
criteria at all times:
- You must be at least 18 years old, and must not suffer from
any
disability or impairment which would prevent you from
assuming the
responsibilities contained in the Agreement, or from
participating
in the Games which are offered as part of the Services.
- You must be a resident of India.
- You must access the Services while located within the
Eligible
Territory.
- You must possess a valid PAN number, which will be
associated with
your Account and which you will provide to us upon request.
- You must satisfy yourself that it is legal for you to
participate in
Real Chip Games in the specific jurisdiction from which you
are
accessing the Services.
- The "Eligible Territory" is defined as being the territory of India
excluding the states of Assam, Telangana, Nagaland, Sikkim, Andhra
Pradesh,
Kerala and Orissa. 'Real Chip Games' are defined as being any games
or
tournaments which are part of the Services and require the User to
maintain
a non-zero cash balance ("Cash Balance") in their Account. Any game
other
than a Real Chip Game made available by the Company through the Site
or the
Software, is defined as a 'Practice Game'. All Real Chip Games and
Practice
Games shall be collectively defined as 'Games'.
- Users who do not fulfill the above criteria are expressly barred
from
participating in Real Chip Games, and would not be entitled to
receive any
prizes which they may win as a result of participation in Real Chip
Games.
- You understand and acknowledge that participation in Real Chip Games
may
result in financial loss to you, and agree that your participation
is
completely voluntary. You undertake full responsibility for any such
financial losses, and agree that you will not under any
circumstances hold
the Company responsible for such losses.
- You understand and accept that by viewing or using the Site or
availing of
any Services, or using communication features on the Site, you may
be
exposed to content posted by other Users which you may find
offensive,
objectionable or indecent. You may bring such content posted by
other Users
to our notice that you may find offensive, objectionable or indecent
and we
reserve the right to act upon it as we may deem fit. The decision
taken by
us on this regard shall be final and binding on you.
5. Description Of Services
- We provide valid, registered Users the opportunity to access and
play online
games of skill. The Company provides software and IT services to
enable
games of skill to be played with other individuals over the
internet.
- The Services provided by the Company are only intended to facilitate
games
of skill, and are for entertainment purpose only.
- The Company levies a charge ("Service Charge") for Real Chip Games,
which
would be inclusive of service tax as may be applicable. The Service
Charge
may vary from time to time and from one Real Chip Game to another.
6. Your Account
- You may only have one Account, and your Account is to be used solely
by you.
You undertake all the information provided by you at the time of
opening the
Account, or provided by you subsequently upon request by the
Company, is
true, complete and correct. You further undertake to keep all such
information which has been provided by you up to date at all times,
by
making necessary changes or intimating the Company when such details
change.
You undertake to provide proof relating to any such information,
including
copies of documents such as your PAN card, or address and identity
proof,
upon request by the Company. You understand that the Company may
take steps
to verify any such information provided by you. Your continued use
of the
Services, including but not limited to your ability to make Cash
Credits and
Cash Withdrawals, is subject to the Company's continued satisfaction
that
all such details provided by you are true, complete and correct.
- You are prohibited from using the Services by means of an Account
registered
in the name of any other individual.
- Should you attempt to open more than one Account, under your own
name or
under any other name, or should you attempt to use the service by
means of
any other person's account, we will be entitled to close all your
Accounts
and bar you from accessing or using the Services in the future
without
notice.
- You shall not share the password to your Account, or any other
confidential
or sensitive information associated with your account, with any
other
individual. The Company is not responsible if your account is
accessed by
others using your password or other confidential details or
information.
7. Cash Balance
- In order to participate in Real Chip Games, you are required to
maintain a
Cash Balance in your account. In relation to such Cash Balance, you
undertake/ understand the following:
- All credits to your Cash Balance ("Cash Credits") must be
through
the third-party payment gateway(s) made available on the
Site by the
Company. The Company is not responsible for
authorization/denial of
any such transactions, and such transactions are subject to
and must
be undertaken in accordance with the terms and conditions
specified
by such third-party payment gateways. The Company may
however
reverse any transaction, in which case the relevant amount
would be
refunded to the instrument/account which was used to perform
the
transaction.
- All Cash Credits must be through instruments/accounts which
belong
to you and are in your name.
- All transactions on the Site must be conducted in Indian
Rupees.
- Any winnings in Real Chip Games will be credited exclusively
to the
Cash Balance of your Account. Any withdrawal of amounts from
your
Cash Balance ("Cash Withdrawal") may be carried out only in
accordance with the terms of this Agreement.
- The Company may impose daily/per-session limits, or other
types of
limits, upon your ability to perform Cash Credits or Cash
Withdrawals, in order to encourage responsible play as well
as to
prevent unauthorized or illegal activity. You will be
informed of
such limits at the time when they are imposed, and will also
be
informed of any change to such limits. While you may request
that
such limits be modified, the Company reserves the right to
impose
and modify such limits using its sole discretion.
- Cash Withdrawals may be requested by you at any time,
subject to any
limits which have been imposed. Such Cash Withdrawal will be
effected by the Company by way of bank transfer to your bank
account. Your preference in this regard will be given due
consideration. Please note that any Cash Withdrawal will be
effected
by the Company only in favour of an Indian Rupee account in
your
name.
- Cash Credits and Cash Withdrawals are subject to any
charges/fees
levied or charged by banks, payment gateways, processors, or
other
financial institutions or intermediaries.
- The Cash Balance does not carry any interest. The Cash
Balance is
not transferable or negotiable, except to the extent as may
be
expressly permitted by the Agreement. Further, no Cash
Withdrawal
will be allowed from the Cash Balance associated with an
Account,
unless the relevant User has played sufficient number of
Real Chip
Games (which may be determined solely by the Company in its
discretion) subsequent to the last recorded Cash Credit.
- In the event that, for a period of more than six months, you
(i)
maintain a Cash Balance of Rs. 300 or more, and (ii) fail to
participate in a Real Chip Game, the Company will refund the
entire
amount of the Cash Balance to you by issuing an account
payee cheque
in your name which will be sent by registered post to the
correspondence address associated with your Account. In the
event
the cheque is returned to us without being encashed on two
separate
occasions, the Company reserves the right to hold the amount
of such
Cash Balance in trust, forfeit such Cash Balance, or
otherwise deal
with such Cash Balance as it deems fit. In the event that,
for a
period of more than six months, you (i) maintain a Cash
Balance of
less than Rs. 300, and (ii) fail to participate in a Real
Chip Game,
the Company reserves the right to hold the amount of such
Cash
Balance in trust, forfeit such Cash Balance, or otherwise
deal with
such Cash Balance as it deems fit.
- A cash amount corresponding to the aggregate of Cash
Balances of all
Users is maintained in unencumbered bank account(s) by the
Company
at all times, separate from other funds of the Company. Such
Cash
Balances are available to be withdrawn at any time by Users,
subject
to specific restrictions contained in the Agreement. To the
extent
permitted by law, the claims of Users over amounts
corresponding to
their Cash Balances will be given preference over all other
claims.
- The Company is obligated to deduct tax at source ("TDS") in case of
Real
Chip Games upon winnings of more than Rs. 10,000/- in a single 201
Pool
Tourney or 101 Pool Tourney or Best of 3 Tourney or Points Rummy
Game or a
single Tournament, as the case may be. In such cases, winnings shall
be
credited to your Account after deducting TDS @ 30.09%. Please note
that in
accordance with the provisions of section 6.1 above, you must
possess a
valid PAN and provide your PAN details and proof thereof immediately
upon
request, in order to enable us to credit such winnings and allow for
Cash
Withdrawals in this respect. These requirements and provisions may
be
modified from time to time in accordance with changes to the
relevant tax
and other laws.
- The Prize Pool is automatically split between 2, 3 or 4 players in
201 Pool
Tourney or 101 Pool Tourney under certain scenarios as mentioned in
the Game
Rules. We reserve the right to amend, modify or change the rules for
automatic splitting of the Prize Pool at any time. By registering
and/or
participating in any 201 Pool Tourney or 101 Pool Tourney you agree
to these
Rules for automatic splitting of the Prize Pool.
8. Miscellaneous
- You are prohibited from:
- undertaking any activity through the Services, the Site or
the
Software that may be construed as money laundering (either
under the
Prevention of Money Laundering Act, 2002 or otherwise),
including,
without limitation, deliberately losing Real Chip Games to
particular User(s), other forms of collusive or fraudulent
activity
designed to transfer funds to or from other individuals, or
making
Cash Credits through a credit card or similar financial
instrument
and attempting to make Cash Withdrawals in another form
without
participating in Real Chip Games.
- posting, publishing or otherwise making available to other
Users
through our Services, Site or Software, any content which is
obscene, defamatory, illegal, prejudicial to the Company, or
is
otherwise offensive without being illegal.
- undertaking any activity which may be harmful to other Users
or
interfere with the functioning of the Site, the Software or
the
Services, including but not limited to attempting to
decompile the
Software, intercept communications with the Site, attempting
to mask
or spoof your IP address, or uploading or spreading viruses
or
computer contaminants (as defined in the Information
Technology Act,
2000 or such other laws as may be in force in India).
- Employees, directors, consultants and agents of the Company, and any
of
their immediate relatives, are prohibited from participating in Real
Chip
Games in any manner, except any participation which may be required
in the
course of their employment.
9. Game Rules
You agree to abide by the rules and regulations of each of the Games as
published
and periodically updated (the "Game Rules"). You should ensure that you
have
read and understood the rules and regulations of the Games. These Game
Rules
form part of the Agreement and can be found on the 'About Games' page of
the
Site. Please read them now before using the Services. We may, from time
to time,
make additional Games available as part of the Services. This Agreement
will
apply to any Game Rules relating to such Games. We will let you know
about, and
give you the opportunity to read, such Game Rules at the time of
introducing
additional Games to the Site. We reserve the right to determine the
results and
winners of each of the Games in accordance with the Game Rules. By
registering
and/or participating in any Game or tournament you agree by these
determinations. We will post lists of winners on the Site following each
Game.
10. System Failures
- In the event of a server crash, breakdown, software defect,
technical
failure or any other failure attributable to the Company or
otherwise,
including any natural disaster or other act of god, which results in
disruption to a Game, such Game shall be canceled, any associated
amounts
will be refunded to participating Users, and no Service Charge will
be
levied upon such Game. You accept that the Company is not liable to
you in
such cases in any manner, except to the extent hereby stated.
- The Company is not liable for any potential winnings from any
unfinished
Game.
11. Intellectual Property
- All rights, tangible and intangible, including copyright and other
intellectual property rights, with regard to the Services, the Site
and the
Software, and any content or information displayed or contained
therein,
belong exclusively to the Company, unless expressly provided
otherwise. The
Company is merely permitting the User to play Games online and not
use the
same for any other commercial gain, and no right of any nature
whatsoever is
being passed on the user by virtue of permitting him / her to play
the Game.
Using the Services, the Site and the Software does not, expressly or
impliedly, give you ownership of any intellectual property rights in
the
Services, Site or Software or the content or information you access.
- While the Company retains all rights, including copyright, over any
content
which may be generated by Users, including but not limited to the
contents
of chat messages or message boards/forums ("User-generated
Content"), you
acknowledge that the Company is not responsible for such
User-generated
Content. You understand that you will be accessing such
User-generated
Content at your own risk, and will not hold the Company responsible
for an
obscene, defamatory, illegal or otherwise offensive User-generated
Content
which may be displayed or accessible.
- Our Services, Site or Software may display content which does not
belong to
the Company. The Company is not responsible for such content, and
this
content is the sole responsibility of the person or entity that
makes it
available.
12. Breach and Consequences
- You acknowledge and agree that in the event you commit a breach (as
may be
determined by the Company in its sole discretion) of any of the
terms of the
Agreement, or the Company in its sole discretion determines that
your
continued access to the Services is prejudicial to the Company,
other users
or the public interest, the Company may take necessary action.
- Any such actions as enumerated above which may be taken by the
Company would
be without prejudice to any other legal or equitable rights/remedies
available to the Company.
13. Limitation of Liability and Indemnity
- The Company shall not be liable for any claim, loss, injury, or
damages
(direct, indirect, incidental or any other kind whatsoever) arising
from or
in connection with your use of the Services, the Site or the
Software.
- Notwithstanding anything to the contrary contained in the Agreement,
you
agree that our maximum aggregate liability for all your claims
against us,
in all circumstances other than for valid Redemption of any Cash
Balance in
your Account, shall be limited to Rs. 2,000/- only.
- You agree to indemnify and hold harmless the Company against any
claims,
actions, suits, damages, penalties, or awards brought against us by
any
entity or individual in connection with or in respect of your use of
the
Services, the Site or the Software.
14. Disclaimer
- The Company expressly disclaims all responsibility and liability for
any
harm resulting from:
- Your participation in, or cancellation of, any Game.
- Any activity or transactions with third parties whom you may
have
connected to through the Services, the Site or the Software,
and
- Any User-generated Content, including any violation of
intellectual
property rights with respect to such User-generated Content.
15. Warranty
- The Company makes no warranty or representations about the accuracy
or
completeness of the content contained on the Site, the Services or
the
Software. The Site, the Services and the Software, and all content,
materials, information, services, and products contained therein,
including,
without limitation, text, graphics, and links, are provided 'as is'
and
without warranties of any kind, whether express or implied.
- The Company disclaims all warranties, express and implied with
regard to the
merchantability and fitness for a particular purpose,
non-infringement,
freedom from computer virus etc. of the Site, the Services or the
Software.
The Company does not represent or warrant that the functions
contained in
the Site, the Services or the Software will be uninterrupted or
error-free,
that defects will be corrected, or that they or the server that
makes the
Site, the Services or the Software available are free of viruses or
other
harmful components.
- The Company also reserves the right to limit your use of the
Services or
participation in any Game, or terminate your Account, in case it
determines
that you have intentionally caused any malfunction or disruption of
the
Services. The Company is not liable for any potential winnings from
any
unfinished Real Chip Games.
16. Additional charges that may apply
Certain additional charges may be levied upon you by the Company, or by
payment
gateways, banks or other intermediaries, at the time of purchase of Cash
Credits
and Cash Withdrawals. You agree to pay any such additional charges,
which may
vary between various banks, payment processors or other intermediaries.
17. Use of Services
- Commercial use of the Services, Site or Software is strictly
forbidden. The
User is only allowed to use the Software for his/her personal
entertainment.
Under no circumstances shall a User be permitted to use his/her
Account for
any purpose other than for playing the Games. The Company reserves
the right
to monitor any effort to establish multiple accounts; in the event
the
Company discovers that you have opened more than one Account per
person, all
additional accounts will be closed without notice and continued
violation
will result in the termination of any and all of your Accounts and
the
Company may void any associated winnings.
- The User may not attempt to modify, decompile, reverse-engineer or
disassemble the Software in any way. The use of external player
assistance
programs ("EPA Programs") or artificial intelligence, including,
without
limitation, 'robots' is strictly forbidden in connection with the
Services,
the Site, the Software and the Games. All actions taken in relation
to the
Games by a User must be executed personally by the User through the
user
interface accessible by use of the Site and/or the Software. You
agree that
Gridlogic Games Private Limited may take steps to detect and
prevent the
use of EPA Programs, robots/ bots, or any form of artificial
intelligence.
Such action may include, but is not limited to, the examination of
software
programs running concurrently with the Gridlogic Games Private
Limited
Software on the User's computer.
18. Collusion and Fraud Prevention
In order to ensure fair play for all users of the Services, we have taken
steps
that will prevent you from colluding with other players in order to
win/lose or
otherwise determine the outcome of a Game. By accepting the Agreement
you agree
that you will not play the any Game in partnership with or by
communicating with
other players to give undue benefit to you or other players. In case a
player is
found to be involved in such activities the Company has the right to
withhold
the Cash Balance in your Account and to cancel and close the Account
without any
communication to you. The Company retains the sole right to determine
what
constitutes collusive or fraudulent activity in relation to the
Services, and
its decision in such matters shall be final. In the event the Company
finds
collusion, fraud or any other unfair practices, it has the right to
cancel any
such Games and refund the points/amounts involved in any such Games.
19. Refunds
In case of an accidental/ erroneous Cash Credit or other similar event,
you may
request for a refund of such Cash Credit transaction ("Refund") within 2
weeks
of initiating such transaction. The Company, after determining in its
sole
discretion whether such Refund request is genuine, and that you have the
requisite Cash Balance in your account, will process the Refund request
within 2
weeks. Any Refund will be carried out only to the instrument which was
used to
carry out the corresponding Cash Credit transaction, and no requests for
an
alternate mode of Refund will be entertained under any circumstances.
20. Bonus Amounts
The Company may, from time to time, credit bonus amounts ("Bonus
Amounts") to
your Account in connection with promotional offers or other schemes.
Notwithstanding anything contained elsewhere in the Agreement, Bonus
Amount
Issued or Cash Withdrawals or Refunds in respect of such Bonus Amounts
shall be
processed/ fulfilled solely at the discretion of the Company, and the
User has
no automatic right to a Cash Withdrawal or Refund in respect of such
Bonus
Amounts.
21. Third Party Sites
The Site may provide links to third-party web sites. Third parties and
third
party web sites may have different privacy policies, terms and
conditions and
business practices than we do. Your dealings or communications with any
party
other than the Company are solely between you and that third party.
Reference on
the Site to any product, process, publication or service of any third
party by
trade name, domain name, trademark, trade identity, service mark, logo,
and
manufacturer or otherwise does not constitute or imply its endorsement
or
recommendation by the Company.
22. Governing Law
This Agreement shall in all respects be governed and interpreted by, and
construed in accordance with, the laws of India.
23. Jurisdiction
All disputes, complaints, differences etc., shall be subject to the
exclusive
jurisdiction of the courts at Mumbai, Maharashtra, India.
24. Disconnections
- While participating in a Real Chip Game, a User takes full
responsibility
for the risk of internet disconnection or communication
interferences
between their computer and the Company's servers, any lag or
freezing of the
game or Software, and any problems attributable to their own
computer or
network connection. Other than a crash of the Company's servers, the
Company
does not take any responsibility for any of the player's
disconnections from
the server.
- As the Company is aware that internet disconnections or other
disruptions
may occur, players will remain on the table and can continue to play
the
Game once the connection is back online, until they are eliminated.
- The Company will not be liable for any network disconnections on the
User's
computer or any other external networks. In case of any disruption
of
services while a Game is in progress, the Company will cancel the
Game and
refund the points/ Real Chips irrespective of the status of the
Game.
25. Contact us
Please contact support@x1games.in for any
questions or complaints or for any change in personal information or if
you
forget your password or user name or if you suspect that your account /
username
/ password has been compromised.
26. Artificial Intelligence
Artificial Intelligence (AI) makes sure you don't lose out on your
session even
after a connection drops during game play. AI is just to help players by
minimizing their count instead of awarding drop points and does not
guarantee
100% accuracy. By referring to the terms on the website you agree that
any
miscount when AI melds for your turn would not a cause of concern for
you and
you agree to the below points.
- AI is not available in all games. Check for the 'AI' badge in games
wherever
AI is available.
- AI is to make sure that lesser count is given for players who get
disconnected instead of Drop Points.
- There are many ways to meld the cards and AI will only try to meld
cards as
per a best possible way and does not guarantee least count or 100%
accuracy.
- Management is not responsible for any errors or variations in scores
awarded
that arise when AI has melded the cards.
- Management is not responsible if AI doesn't work in any game where
it is
available.
- Management has the right to make changes or remove AI at any point
of time
without prior notification.
27. Accepting the terms and conditions
You undertake to have read and abide by the above terms and conditions.
28. Termination by User
You may cease using the Services and terminate your Account at any time,
by
writing to us at support@x1games.in and
informing us of your intention. Subject to such restrictions as may be
applicable to Cash Withdrawals, the Company will refund the entire
amount of
your Cash Balance to you at this time.