TERMS AND CONDITIONS OF USE
These terms and conditions of use (“Terms of Use”) along with other policies available on our platform forms a legally binding agreement between You (“Player(s)”, User(s)”) and Delphine Networks Pvt. Ltd. (“IndiaPlays”, “Our”, “We”, “Us”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PLAYING ANY GAMES OR/AND USING THE INDIAPLAYS PLATFORM.
If You do not agree with any part of these Terms of Use or/and Privacy Policy, kindly refrain from playing any games or otherwise using Our services on the Platform.
We have tried our best to keep these Terms of Use as simple and short as possible. Nevertheless, We realise that despite all Our efforts, this is a rather long document. For Your convenience, We have summarised some of the key clauses and linked them to the relevant section. Bear in mind that the summary highlights just the key aspect of the relevant section and not the entire section itself. So please refer to the section itself to get the full picture.
Introduction
1.2 . Capitalized terms used herein but not defined shall have the meanings ascribed to them under section 1.9 (Definitions and Interpretation) of this Agreement.
1.3 . This Agreement shall apply to all Persons who visit the Platform, or create a User Account including any contributors of content over the Platform, and/or any third party interacting with IndiaPlays, directly or indirectly in official capacity or having/intending to have business or commercial relationships with IndiaPlays, whatsoever (the “Users”, “You” or “Your”) as applicable.
1.4 . By registering on, browsing, downloading, using or accessing any part of the Platform or utilizing the Services, the Users agree to be bound by this Agreement.
1.5 . If at any time the User does not accept or agree to any terms of this Agreement, on a continuing basis in relation to any of the Services offered on the Platform, they should not access the Platform.
1.6 . IndiaPlays reserves the right to periodically review, update, change or replace any part of these Terms of Use or other terms of the Agreement as it may consider appropriate at its sole and absolute discretion
1.7 . Any changes to these Terms of Use will be posted on this page wherever appropriate. The Users must visit this page periodically for updates on the Terms of Use applicable to their use of the Platform.
1.8 . Any Users’ continued usage of the Platform after any such update, change, replacement or modification in the Agreement constitutes their valid consent to such changes.
1.9 . Definitions
1.9.1 . “Agreement” shall mean these Terms of Use, the Privacy Policy and any other rules or policies available on the Platform including all other additional or modified terms and conditions and policies in relation to the Platform or any current or future services that may be offered by IndiaPlays. This Agreement is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines) Rules, 2011. This Agreement is an electronic record generated by a computer system and does not require any physical or digital signatures.
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. “Balance” is the credit available in a User’s account on the Platform.
1.9.4. “Deposit” is the amount added by the User to his/her Master Wallet through his/her preferred payment mode (e-wallet, debit/credit cards, UPI/BHIM, net banking).
1.9.5. “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.
1.9.6. “Prize Money Pool” is the actual or projected amount that is to be distributed amongst the winner(s) of the Contest and is declared at the start of the Contest.
1.9.7. “Third Party Game Developer” refers to any Person (natural or juristic) whose Mobile Game is available on the Platform.
1.9.8 “Main Wallet” refers to a User’s master wallet on the IndiaPlays platform where the User can deposit money into. Such a wallet contains the summary of all kinds of bonuses that a User accrues while using the IndiaPlays platform. A User can transfer money from such “Main Wallet” to other different wallets for the games of poker, rummy and fantasy.
1.9.9 “Poker Wallet” refers to a User’s wallet on the IndiaPlays platform which can be used to play poker games. Money has to be transferred in and out of this wallet into the “Main Wallet” as defined in clause 1.9.12.
1.9.10 “Rummy Wallet” refers to the wallet whose balance can be used by a User of the IndiaPlays platform to play rummy games. Money has to be transferred in and out of this wallet into the “Main Wallet” as defined in clause 1.9.12.
1.9.11 “Fantasy Wallet” refers to the wallet whose balance can be used by a User of the IndiaPlays platform to play fantasy sports. Money has to be transferred in and out of this wallet into the “Main Wallet” as defined in clause 1.9.12.
1.9.12 “Commission Wallet” is a wallet where promotional funds given by IndiaPlays for money earning games to the User will be credited into. All funds such as Rakeback, Leaderboard prizes, Released Bonus will be credited into the User’s “Commission Wallet”.
1.9.13 “Release Bonus” is a term used to define a bonus accrued by a User using the IndiaPlays platform after using a special deposit promotional code. This bonus is ‘released’ every time the User plays a game on the platform and meets the eligibility criteria for the same. This eligibility criteria can be altered at the discretion of IndiaPlays.
1.9.14 “Tournament Winnings” are awards (either in the form of cash, IndiaPlays Points or promotional gifts) given to one or more User(s) as per pre-declared format as a distribution of the Prize Money Pool for winning and/or ranking as a top-performer in a particular tournament on the Platform.
1.9.15 “Freeroll Tournaments” are contests that are held from time to time on the IndiaPlays platform where Users can compete against each other by playing one of the game offerings available on the IndiaPlays platform. These contests do not have any buy-in/entry fee, which makes them ‘freerolls’. The terms and conditions of such freeroll tournaments can be altered at the discretion of IndiaPlays.
1.9.16 “Deposit Bonus” is a special credit or a reward awarded to a User of the IndiaPlays platform at the time of making a deposit in their “Main Wallet”, consequent to using a promotional code shared with the User. This bonus is conditional to the eligibility criteria set for its fulfillment. The terms and conditions of such a deposit bonus can be altered at the discretion of IndiaPlays.
1.9.17 “Sign Up Bonus” is a special credit or a reward awarded to a User of the IndiaPlays platform at the time of registering on the IndiaPlays platform and completing the KYC requirements. This bonus is conditional to the eligibility criteria set for its fulfillment. The terms and conditions of such a sign up bonus can be altered at the discretion of IndiaPlays.
1.9.18 “Leaderboards (Rummy, Poker, Fantasy)” is a promotional activity organized by the IndiaPlays platform. It is a rank-based promotional competition, without a participation fee collected from the User. The User competes among other Users of a certain game to win promotional gifts/winnings from IndiaPlays. The terms and conditions of leaderboards can be altered at the discretion of IndiaPlays and can vary from time to time.
1.9.19 “Promotions” are rewards set out by IndiaPlays as a part of its business strategy. These can be offers, bonuses, cash prizes or prizes in kind and are dynamic in nature. The terms and conditions of such promotions can be altered at the discretion of IndiaPlays.
1.9.20 “Criteria Code” is a term that refers to the eligibility criteria pre-defined by the IndiaPlays platform for a bonuses, offers, withdrawals, deposit, etc. The criteria code can be altered at any time at the discretion of IndiaPlays.
1.9.21 “Chip Dumping” refers to a strategy in which one User purposefully hands over chips to another opponent. Collusion occurs when Users agree to take such activity collectively for fulfilling their vested interests and falls under the purview of ‘unfair gaming practices’.
1.9.22 “Multiple IDS Usage” is another unfair gaming practice indulged into by Users where to take advantage of different bonuses or offers, an individual creates multiple ids on the IndiaPlays platform, with malicious intentions.
1.9.23 “Gameplay Collusion” is when a User colludes (pairs) with another User to indulge into any unfair gaming practice like chip dumping, fake ids, etc, with the intention to dupe the platform and misuse the benefits offered.
1.9.24 “Transfer In” is when a User transfers his/her balance from their “Main Wallet” to either the “Poker Wallet”, “Rummy Wallet” or “Fantasy Wallet”.
1.9.25 “Transfer Out” is when a User transfers his/her balance from the “Poker Wallet”, “Rummy Wallet” or “Fantasy Wallet” to their “Main Wallet”.
1.9.26 “Practice Games” are mock games that can be played by a User on the IndiaPlays platform as a form of learning/educational tool that do not involve an element of financial risk.
1.10 . Interpretation
1.10.1 . Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided for.
1.10.2 . Headings and captions are used for convenience only and not for interpretation of the Agreement.
1.10.3 . Any reference to a natural Person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic Person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.
Eligibility
2.1 . Any browsing, registering, downloading, using or accessing by any Person of any part of the Platform or utilisation of any of the services offered by IndiaPlays will be deemed to constitute a legal contract between the User and IndiaPlays.
2.2 . 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
2.3 . 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 IndiaPlays.
2.4 . The Platform should not be used, installed, or played by any Person under the age of 18 years.
2.5 . No Person, whether an IndiaPlays employee or not, who is involved in the development of games or/and algorithms on the Platform can participate in any games on the Platform, where such participation could alter, modify or unduly influence his/her performance on the Mobile Game, without express written permission of IndiaPlays and subject to such terms and conditions as IndiaPlays may seek to impose on such Person.
2.6 . The games and the services available on the Platform are open only to Persons currently residing in India. Persons residing in the state of Assam, Odisha, Nagaland, Sikkim, Meghalaya, Andhra Pradesh and Telangana (“Restricted States”) are prohibited from participating in any games on the Platform. Further, there may be certain games that may be restricted in some additional states. Please check the Special Rules/Terms of each Game to know more.
2.7 . Only those Users who have successfully registered on the Platform in the manner prescribed in section 3 (Nature and Use of the Platform), and who utilize the services of the Platform in accordance with the Agreement including these Terms of Use, shall be eligible to use the Platform.
2.8 . Certain services being provided on the Platform may be subject to additional conditions or rules applicable to a particular Mobile Game or Contest in that respect (“Game Terms”). Such Game Terms are deemed to be incorporated herein by reference. Users must agree to these Game Terms before playing any such Mobile Game or Contest on the Platform. To the extent that these Terms of Use are inconsistent with Game Terms, the Game Terms shall prevail.
2.9 . IndiaPlays reserves the right to terminate any User’s Account and/or deny access to the Platform if it is brought to IndiaPlays’s notice that a particular User has violated the Agreement including any of these Terms of Use.
Nature and use of the Platform
3.1 . IndiaPlays provides the Platform to You on which You can play games. The Platform is designed to provide You an in-app browsing experience through an embedded browser. These games run online over the Platform and do not have to be separately downloaded or installed.
3.2 .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 IndiaPlays using a one-time password (“OTP”) system. Upon successfully verifying the OTP, an account will be created for You (“Account”).
3.3 . By registering for an Account, You represent, warrant and agree that:
3.4 .The Users acknowledge that their User Details will be accessible to other User on the Platform and shall be available for IndiaPlays 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.
3.6 Privacy
3.7 Deposits
3.8 .Each User is solely responsible for all activities that occur under their Account, including the use of any of the Services on the Platform.
3.9 . IndiaPlays grants such Users a non-transferrable, limited, non-exclusive and revocable privilege to register an Account on and use the Platform.
3.10 . If IndiaPlays identifies that the same User Details are being used under multiple accounts, then IndiaPlays at its sole discretion will terminate/deactivate the Account without the Users’ consent and any Deposit in the Account will not be refunded.
3.11 . IndiaPlays, 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.
3.12 . IndiaPlays 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:
3.13 . 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 IndiaPlays.
3.14 . The Users also accepts to receive news, updates, offers/campaign related SMS, to the mobile phone number provided by the User, except when prohibited under Applicable Laws.
3.15. Platform Fee/Rake Information
Some examples are as under :-
Platform Fee Examples
Tournaments
For each user who joins a cash tournament, Indiaplays Platform Fee is calculated as (1- Total Cash prize offered/(open slots x Designated Amount)) * Designated Amount
For example, in a 5 player tournament with Designated Amount of Rs. 100, and the total cash prizes on offer is Rs. 450.
The Indiaplays Platform Fee collected out of each user who is registering with रु 100 will be equal to (1 – rs450/(rs100 x 5)) * rs100 = rs10
The same calculation applies to tournaments hosted by Users, Pooled tournaments or Non-Guaranteed tournaments.
Pooled Tournaments = Tournaments where the Total winnings on offer increases with the number of slots filled in the tournament. However, the Platform Fee on each registration remains constant for any number of slots filled.
Non-Guaranteed Tournaments = Tournaments which get cancelled and all Designated Amount paid shall be refunded if the minimum number of users required did not join the tournament
Points rummy
IndiaPlays Platform Fee for each table is equal to sum of Rake % * Points Given * point value of the table by each of the players barring the winner.
Rake % varies across points rummy tables. It can be found when tapped on the info button at the top right of each table.
For example, in a 0.1 point value lobby with a rake % of 10%, in a round if 5 players were playing and one player won. Say each of the 4 players who lost gave 25 points each.
Then the total Platform Fee = 10% * 25*4 * 0.1 = RS.1
Pool Rummy
For example, in a pool rummy game of RS. 101 entry and 6 people are playing it. Let’s say the Rake % for this table is 10%. Then in the current example, Indiaplays Platform Fee will be calculated as 10%* 100*6 = Rs.60
The Rake % varies from table to table and from time to time. You can check the value by taking on the info icon at the top right of each table.
Powerplay Rummy
For example, in a Powerplay rummy game of RS. 500 entry and 6 people are playing it. Let’s say the Rake % for this table is 10%. Then in the current example, Indiaplays Platform Fee will be calculated as 10%* 500*6 = Rs.300
The Rake % varies from table to table and from time to time. You can check the value by taking on the info icon at the top right of each table.
Deals Rummy
For example, in a Deals rummy game of RS. 1000 entry and 2 people are playing it. Let’s say the Rake % for this table is 10%. Then in the current example, Indiaplays Platform Fee will be calculated as 10%* 1000*2 = Rs.200
The Rake % varies from table to table and from time to time. You can check the value by taking on the info icon at the top right of each table.
POKER
Indiaplays Platform Fee for each Poker table is calculated based on the amount that is put in the pot * Rake% for the table.
Rake % vary for each price point and also depends on the number of players in the hand.
For example – Rake % maybe at 4%* if only 2 people are playing in a hand in the 0.1/0.2 lobby. and maybe at 5%* when more than 2 people are playing in the hand.
if 3 players are playing a hand in the 0.1/0.2 lobby and the pot value becomes rs 10 then an amount of (10*0.05) = 50 paisa will be collected as a Platform Fee.
Each table has a pre-defined max limit of the Platform Fee that will be collected in each hand.
Information for both the rake% and the max limit on Platform Fee can be found by pressing the “i”(information button) on the top left side of the poker table which will open all the information a User requires to understand the game.
As you play in higher tables the rake % and max Platform Fee that can be collected on the pot value relatively reduce.
Indiaplays Platform Fee is subject to change as per Indiaplays policy without prior notice.
Fantasy sports :
Indiaplays Platform Fee for each Fantasy sports contest running on the platform.This Fee is calculated based on the Entry Fee amount that is charged from the User to participate in the said contest. For eg. If a User is paying a Entry fee of rs100 to join a contest and the platform fee for that contest is 10% then the effective platform fee collected by Indiaplays from that user will be 10%*100 = 10rs. This percentage can vary according to different contests/tournaments/cash games and different promotions.
Indiaplays Platform Fee is subject to change as per Indiaplays policy without prior notice.
Participation in skill-based games
4.1 . The Users may use the Platform to participate in a variety of contests/tournaments/cash games available on the Platform.
4.2 . In order to participate in a Contest, each User may be required to pay a Designated platform fee/entry fee/buy-in to the Platform which is deducted from the Balance available in the Account of the User.
4.3 . Each Contest has a pre-determined 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 IndiaPlays as platform fee/entry fee/buy-in for participation in a Contest shall be non-refundable, except in the event that a Contest has been cancelled.
4.5 . Contests/tournaments/cash games shall be announced by the IndiaPlays from time to time in any manner that is convenient to the Company, and IndiaPlays 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.
4.6 KYC & Withdrawals
4.7 Return, Refund and Cancellation
4.8 . Users must use any money in their Account within 365 days. IndiaPlays shall have the right to directly forfeit any such unused amount after 365 (three hundred and sixty five) days. IndiaPlays does not permit any cash withdrawal against any idle balance lying in any user’s IndiaPlays account except in accordance with the applicable laws.
4.9 Bonus Program- Terms & Conditions
4.9.1 As part of its Business Promotion strategy, IndiaPlays may run different bonus programs through promotional codes with eligibility criteria that allows the User to accumulate ‘Bonus Balance’ in their wallets. This ‘Bonus Balance’ appears under the ‘Main Wallet’ or particular game wallet for the Users of the IndiaPlays platform.
4.9.2 This ‘Bonus Balance’ can be granted as per various business promotion strategies that may be run by IndiaPlays from time to time.
4.9.3 The ‘Bonus Balance’ is subject to control by IndiaPlays and the Company is free to put such restrictions on its availability, utilisation, inherent discount benefits, time validity, etc. as it may decided from time to time.
4.9.5 The validity of such ‘Bonus Balance’ in the User account varies and shall be determined according to the terms and conditions of the promotional offer. The onus of checking the validity of the “Bonus Balance” shall be on the User and will not be the responsibility of IndiaPlays.
4.9.6 In the event of termination or blocking of a User’s account, the ‘Bonus Balance’ granted to the user until such time shall expire immediately and the User shall not have any right or claim in respect of the ‘Bonus Balance’.
Games of skill
6.1 . The games hosted by IndiaPlays on the Platform are all Games of Skill (defined below).
6.2 . Users must note that all 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 games offered on the Platform. Any participation by such individuals shall be at their sole risk and discretion and IndiaPlays shall not be liable to refund or reimburse any injury or damages suffered by such individuals.
6.4 . IndiaPlays reserves the right to monitor all activities from the User’s Account on the Platform. If any User participates in any Contest or games in violation of any central and/or state law(s) in India, IndiaPlays 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. The users based out of Restricted States that are not permitted under applicable Laws to participate in specific or all games hosted on the Platform and shall not be permitted to connect to the Game and/or Platform by breaching security measures put in by the Company, including without limitation through a virtual private network.
6.5 . IndiaPlays 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. IndiaPlays shall not be liable if Users do not adhere to the Game Rules or otherwise engage in gambling or betting activities on the Platform.
Safety precautions and responsible gaming
7.1 . IndiaPlays suggests that Users adopt a balanced approach while engaging with any of the games on the Platform and safeguard themselves against any adverse effects. If played responsibly, games (like other forms of sports) aim to encourage Users to develop their mental prowess, hand-eye co-ordination, 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 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 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 games is at Your own risk and IndiaPlays 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 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, IndiaPlays 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.
Community rules and code of conduct
8.1 . IndiaPlays may provide Users with live chat rooms with other players participating in contest/cash game/tournament (“Communication Facilities”) designed to enable You to communicate with other Users on the Platform.
8.2 . IndiaPlays only provides Users with the technical environment for an exchange of information. IndiaPlays does not initiate, select the receiver and/or modify any information exchanges inter se amongst the Users through the Communication Facilities. Further, IndiaPlays 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. IndiaPlays 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 . IndiaPlays may enable live chat-rooms on the Platform for the Users from time-to-time. These chat rooms will be conducted by other users to (i) organize trainings; (ii) provide tips to play games; (iii) provide educational content; or (iv) conduct other interactive sessions on the Platform. The chat rooms may have an open entry or may be restricted to a limited number of Users at IndiaPlays’s sole discretion. Users might be required to pay an ‘Access fee’ to participate in any of these live sessions or/and chat rooms hosted by IndiaPlays on the Platform. The ‘Access Fee’ shall be subject to levy of applicable Goods & Services Tax and the Fee collected shall be inclusive thereof.
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 IndiaPlays is not liable for any content posted on the Communication Channels.
8.6 . All Users of the IndiaPlays Platform must comply with Applicable Law at all times while using the Services of Platform, including our Community Guidelines (refer to Annexure III for more details) and 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 IndiaPlays or any other IndiaPlays 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 non-public personal information; or (i) is commercial, in particular promotional, in nature; (j) encourages or promotes gambling or money-laundering.
8.7 . All Users of the platform of IndiaPlays shall read and fully understand our Community Guidelines before posting any content on our platform. By accepting the Terms and Use, the Users agree and acknowledge that they have read and fully understood the terms of the Community Guidelines. IndiaPlays has a right to take appropriate and strict actions against any User violating such Community Guidelines.
8.8. Under no circumstances will IndiaPlays 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.
Restrictions on your use of the 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 IndiaPlays.
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 IndiaPlays 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 IndiaPlays, 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, employees, 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 IndiaPlays 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 IndiaPlays and the User shall not claim such right or any other recourse from IndiaPlays.
9.10 . Indemnification: You shall defend, indemnify and hold IndiaPlays, 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.
Termination
10.1 . Your access to the Platform may be terminated if:
10.1.1 . You voluntarily uninstall the Platform from Your device;
10.1.2 . You knowingly or unknowingly cause direct or indirect breach, as ascertained by IndiaPlays, of these Terms of Use or Privacy Policy as a whole or in part; or
10.1.3 . You do not pay the requisite fee, if any, should IndiaPlays 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 IndiaPlays 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.
Disclaimers
11.1 . No warranties: The Contents provided through the Platform may include technical inaccuracies or typographical errors. IndiaPlays 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 . IndiaPlays, 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 IndiaPlays’ 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 IndiaPlays.
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.
11.4 . We may stop provision of the Platform (or any part thereof), permanently or temporarily, to You or to Users generally or may modify or change the nature of the Platform and/or these Terms of Use at Our sole discretion, without any prior notice to You. Your use of the Platform following any such modification constitutes Your deemed acceptance to be bound by the Agreement (or as it may be modified).
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 games.
11.8. Force Majeure: IndiaPlays 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 games or using the services offered by IndiaPlays 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 games on the Platform. Force majeure or other event beyond IndiaPlays’ control hindering, delaying or complicating the maintenance of the Platform entitles IndiaPlays to suspend or limit the Platform until further notice.
Governing law and dispute resolution
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 Kolkata, West Bengal by a sole arbitrator who shall be appointed by IndiaPlays and whose decision shall be final and binding upon all the parties.
12.4 . Subject to the arbitration clause, the courts at Kolkata, West Bengal alone shall have the jurisdiction. The language of the arbitration proceedings shall be in English.
12.5 . You and IndiaPlays 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.
Account Deletion:
SPECIAL RULES AND PRINCIPLE FOR INDIAPLAYS FANTASY
Along with the games developed by Third Party Game Developers, IndiaPlays provides fantasy sports to the Users on the Platform (“IndiaPlays Fantasy”). IndiaPlays Fantasy is a brand owned and operated by IndiaPlays. It is an online based fantasy sport which allows its Users to pick their team made up of real players participating in a real sporting competition. Users play IndiaPlays Fantasy by using their knowledge and skill of the underlying actual sport.
1.1. “Fantasy Winnings” are awards (either in the form of cash prizes, IndiaPlays Points or promotional gifts) given to one or more User(s) as per pre-declared format as a distribution of the Prize Money Pool for winning and/or ranking as a top-performer in a particular Contest on the Platform.
2.1 . IndiaPlays Fantasy is an online fantasy sports contest in which Users are invited to pay money to play the game, thereby allowing Users access to build and act as owners of online teams (consisting of real players or teams) that compete against online teams of other Users with results tabulated on the basis of statistics generated by the real individual sportspersons in certain designated professional sporting matches.
2.2 . Users can participate in a Contest with other Users without any restriction on participation, unless specified otherwise in the Rules or the Agreement. Users can participate by choosing any of the upcoming contests/tournaments/cash games which will be linked to any of the current of upcoming real-world event.
2.3 . All Users while selecting a fantasy team (“Fantasy Team“) for any match are provided with the same budget. Any change in the budget shall be applied uniformly for all players. All Users must pick from the same list of players and are bound by the same rules while picking the composition of their respective teams. This means that all Users have the same maximum/minimum limits on the number of batsmen, bowlers, wicket-keeper and all-rounders, and limits are placed equally on the number of players that can be picked from a particular real-life team.
2.4 . Users can make changes to their Fantasy Teams until the deadline of the registration for the Contest. Users can make a Fantasy Team, based on credits they select. Users can select a maximum of 7 players from one playing side team. Users can create up to a maximum of 6 unique teams for a single Contest.
2.5 . Fantasy Teams are awarded points on the basis of the real-life sport’s players performances at the end of a designated match, match tournament of the Contests. The participants whose Fantasy Teams have achieved the highest aggregate scores in the Contests shall be declared winners. In certain pre-specified Contests, there may be more than one Winner and distribution of prizes to such Winners will be in increasing order of their team’s aggregate score at the end of the designated match of the Contests.
2.6 . Users will not be offered the opportunity or option to auto-complete or auto-fill their teams and/or responses within the Contest.
2.7 . The ranks and credits of players keep fluctuating during a contest as the players perform in the real-life match. The Fantasy Team keeps earning points for Users’ chosen players performances.The points status appearing next to Users’ total points indicate if the match is in progress or completed.
2.8 . IndiaPlays shall ensure that all contests/tournaments/cash games offered to the Users participating in IndiaPlays Fantasy are competitive and incorporate principles of fair-play. IndiaPlays is committed to ensuring the utmost levels of fairness and competitiveness in its IndiaPlays Fantasy.
According to the Indian taxation rules and regulations, every single contest will be treated as one game for fantasy on the IndiaPlays platform. A User will be subject to TDS deduction at 30% on any fantasy winnings over and above INR 10,000. For example, if a User wins INR 25,000 in a single fantasy contest, the TDS shall be applicable on INR 15,000 (INR INR 25,000 - INR 10,000). In such case the TDS will be 30% of INR 15,000 which is INR 4500.
GAME OF SKILL: INDIAPLAYS FANTASY
1 . In providing the IndiaPlays Fantasy game on the Platform, IndiaPlays takes great care to comply with all central and state legislations in India to ensure that the Users are fully protected. IndiaPlays Fantasy is carefully designed to comply with all applicable statutes and regulations in India.
3.By virtue of its classification as a game of skill, fantasy sports do not violate the Public Gambling Act, 1867, and is excluded from the ambit of certain Indian gambling legislations. However, Users should note that owing to legislative restrictions in the Restricted States, and hence residents of such Restricted States are prohibited from participating in IndiaPlays Fantasy.
SPECIAL TERMS FOR INDIAPLAYS RUMMY
Along with the games developed by Third Party Game Developers, IndiaPlays provides 13-card Rummy to its users (‘IndiaPlays Rummy’).
1.2. “Rummy Winnings” are awards (either in the form of cash prizes, IndiaPlays Points or promotional gifts) given to one or more User(s) as per pre-declared format as a distribution of the Prize Money Pool for winning and/or ranking as a top-performer in a particular Contest on the Platform.
2.1. IndiaPlays Rummy is a standard 13-card game of rummy offered to its users. The standard rules of the game apply to IndiaPlays Rummy
2.2. Users can participate in a Multiplayer Contest or Tournament with other Users without any restriction on participation, unless specified otherwise in the Rules or the Agreement.
2.3 . Collusion is strictly forbidden on IndiaPlays Rummy. In case we detect that You and other users are playing games and tournaments forming a team it will result in cancellation of accounts of You and all such players who participated in forming a team. By accepting this Term, you accept that You will not participate in forming a team, or by communicating with other Users. In case You are found to be involved in such activities, We also reserve the right to freeze funds in Your IndiaPlays account and investigate further to ascertain the extent of undue benefit derived by You and such others and to cancel and close Your account without any communication with You.
2.4 . Should we at any time have reasonable ground to suspect that You have or are using fraudulent means which are in violation of the Terms of Use herein, that You have or are using multiple IDs which is in breach of the Terms of Use, We have the right to debar You, suspend Your account, prohibit Your access to the Website and withhold any prizes that You may have won, you hereby acknowledge and agree to the same.
2.5 . Apart from the Restricted States of Assam, Odisha, Nagaland, Sikkim, Meghalaya, Andhra Pradesh and Telangana, IndiaPlays Rummy is currently available to persons residing in other states. We reserve the right to update the Restricted States for IndiaPlays Rummy as required by Applicable Law or court ruling.
According to the Indian taxation rules and regulations, every single deal of cards in the game of rummy will be considered as one game. If a User wins an amount excess of INR 10,000 in any one game, that amount shall be subject to a TDS deduction at 30%. For example, if a User wins INR 25,000 in one rummy game, the TDS shall be applicable on INR 15,000 (INR 25,000 - INR 10,000). In such case the TDS will be 30% of INR 15,000 which is INR 4500.
SPECIAL TERMS FOR INDIAPLAYS POKER
Along with the games developed by Third Party Game Developers, IndiaPlays provides No Limit Hold’em, Pot Limit Omaha and other variants of poker to its users (‘IndiaPlays POKER’).
1.2 “Poker Ledger” is a statement tally that shows the total amount that has been transferred in and out from the “Main Wallet” to the “Poker Wallet” and vice versa.
1.3 “Rakeback” is when the IndiaPlays platform returns a portion of the “Rake” charged to eligible User in the form of a reward or promotion. Such “rakeback” can be claimed at any time by a User by clicking on the “Claim Now” button on the IndiaPlays platform. The terms and conditions of such rakeback can be altered at the discretion of the IndiaPlays platform.
1.4. “Poker Winnings” are awards (either in the form of cash prizes, IndiaPlays Points or promotional gifts) given to one or more User(s) as per pre-declared format as a distribution of the Prize Money Pool for winning and/or ranking as a top-performer in a particular Contest on the Platform.
2.1 . IndiaPlays Poker is a combination of No Limit Hold’em, Pot Limit Omaha and other variants of Poker and the standard rules of the game apply to IndiaPlays Poker.
2.2 . Users can participate in a Multiplayer Contest or Tournament with other Users without any restriction on participation, unless specified otherwise in the Rules or the Agreement.
2.3 . Apart from the Restricted States of Assam, Gujarat, Odisha, Andhra Pradesh, Telangana, Meghalaya, Nagaland and Sikkim or any other Indian state which by law restrict Poker. IndiaPlays Poker is currently available to persons residing in other states. We reserve the right to update the Restricted States for IndiaPlays Poker as required by Applicable Law or court ruling.
2.4 . Collusion, use of External Player Assistance tool/ HUD’s, Running Automatic players (Bots), Chip–Dumping or any other Fraudulent behaviour is not allowed.
2.5. Should we at any time have reasonable ground to suspect that You have or are using fraudulent means which are in violation of the Terms of Use herein, that You have or are using multiple IDs which is in breach of the Terms of Use, We have the right to debar You, suspend Your account, prohibit Your access to the Website and withhold any prizes that You may have won, you hereby acknowledge and agree to the same.
2.6. Usage & accumulation of IndiaPlays Points:
2.6.1 IndiaPlays Points accumulated by a User are reflected under ‘Rakeback Rewards’ option as ‘IP Points’. This section can be accessed by a User through ‘My Wallet’ on the IndiaPlays platform.
2.6.2 IndiaPlays Points are granted as per various business promotion strategies that may be run by IndiaPlays from time to time. IndiaPlays Points are subject to control by IndiaPlays, and IndiaPlays is entitled to put such restrictions on its availability, utilisation, inherent discount benefits, time validity, etc. as it may decide from time to time without any requirement for further notice or intimation.
According to the Indian taxation rules and regulations, each Transfer In the Poker Wallet from the Main Wallet of a User on the IndiaPlays Platform shall be considered as the deposit amount and each Transfer Out from the Poker Wallet to the Main Wallet will be considered as the withdrawal amount. This is termed as one ‘cycle of transfer in and transfer out’ and is considered as one poker game. If a User’s total withdrawal amount exceeds the User’s total deposit amount by great than INR 10,000,then a TDS at 30% shall be applicable on the exceeding value. For example, if a User withdraws winnings worth INR 40,000, when the deposit amount is INR 15,000, then the TDS shall be applicable on INR 15,000 (INR 40,000 - INR 15,000 - INR 10,000). In such case the TDS will be 30% of INR 15,000 which is INR 4500. Users can refer to their poker ledger for more information.
GAME OF SKILL: INDIAPLAYS RUMMY AND POKER
In providing the IndiaPlays Rummy and Poker game on the Platform, IndiaPlays takes great care to comply with all central and state legislations in India to ensure that the Users are fully protected. IndiaPlays Rummy and Poker are carefully designed to comply with all applicable statutes and regulations in India.
IndiaPlays Rummy offered on the Platform is a ‘game of skill’. According to a 1967 Supreme Court judgment in State of Andhra Pradesh v. K. Satyanarayana, In the game of Rummy is a game of mere skill and playing Rummy does not amount to gambling.
Over the past few decades, various High Courts have quoted the apex court’s decision and stated that law enforcement authorities cannot interfere with the game of Rummy played with stakes. In 1996, a three-judge bench of the Supreme Court affirmed its 1967 judgment and ruled that games involving substantial and preponderant degree of skill fall within the definition of ‘games of mere skill’.
By virtue of its classification as a game of skill, the game of Rummy and Poker does not violate the Public Gambling Act, 1867, and is excluded from the ambit of most state gaming legislations. However, Users should note that owing to legislative/court restrictions in the Restricted States, hence residents of such Restricted States are prohibited from participating in IndiaPlays Rummy and Poker.
ANTI-MONEY LAUNDERING POLICY
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 the law.
This AML Policy applies uniformly to any User desirous of availing the Services or otherwise using or benefitting from the use of the Platform and should be read as a part of the Terms of Use. It is imperative that You read this AML Policy before using the Platform or submitting any personal information. By using the Platform, You are expressly consenting to be bound by the Terms of Use and consequently this AML Policy.
Definitions
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.
1.4 . The capitalized terms used herein, but not defined, shall have the meaning given to our terms of use available at(“Terms of Use”).
2 . AML Policy Is Part Of Our Terms – This AML Policy is a part of and incorporated within, and is to be read along with the Terms of Use (the “Terms of Use”).
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 . Your Obligations
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 . Customer Acceptance and Verification Terms
6.1 . The IndiaPlays Platform may only be used by Persons who fulfill our eligibility criteria as laid down in our Terms of Use. Users may further partake any Services offered by this Platform only after registering themselves on the Platform in accordance with the procedure stated in our Terms of Use.
6.2 . Money may be deposited or withdrawn from the concerned IndiaPlays 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 IndiaPlays Account.
6.3 . Users are further required to undergo a KYC verification process as well as account validation process whenever they seek to withdraw Winning from their Account as provided in the Terms of Use. For the purposes of such KYC verification of any User’s identity, the Company will rely on appropriate third-party service providers to authenticate the Identification Documents and other incidental details provided by the User. Users must ensure that they have adhered to the KYC requirements applicable to them with such third-party service providers (including payment partners) on the Platform.
6.4 . Notwithstanding the foregoing, IndiaPlays 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 . Risk Management Procedure
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 inter-governmental 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 . Transaction Monitoring Terms
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 IndiaPlays 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 IndiaPlays 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.
9 . Maintenance of Records – The Company will maintain and preserve the following:
(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.
(iv) Records of any communication or interaction between with IndiaPlays (and its employees, agents, staff or affiliates) with any third party in official capacity or having/intending to have business or commercial relationships with IndiaPlays directly or indirectly , in any form whether oral or written, for all purposes as deemed fit by IndiaPlays.
10 . Compliance, Disclosure, and Notices
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 Grievance Officer by writing to them at _________________
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 ____________________ .
10.4 . You may also contact us at the following address: ______________________________________________________________________________________________________________________________________________________ _
Annexure III
COMMUNITY GUIDELINES
We at IndiaPlays, as a platform, constantly strive to ensure that we are a safe and authentic medium to explore various skill, learning based digital games and range of content in the form of audio, video, text and/or image media etc. We are an ethics driven community and we are committed to create a safe and open environment for everyone.
The guidelines set out below provide a general guidance and overview of what is allowed and what is not allowed on our platform (Community Guidelines), and applies to anything hosted, commented, communicated on our platform (hereinafter, referred to as content). We have created these Community Guidelines in order to ensure that you help us to grow and protect the values that form the foundation of our community at IndiaPlays. By using the IndiaPlays app, you agree to these Community Guidelines and our ‘Terms of Use’. Our Community Guidelines reflect our principles and a common code of conduct for our platform. These Community Guidelines apply to all users with an account on the IndiaPlays app or who are hosted on the IndiaPlays app and to all content shared on IndiaPlays app.
We ensure that any violation of these Community Guidelines, either reported to us, or noted by us, shall be taken very seriously, reviewed by an internal team at IndiaPlays and appropriate actions shall be taken and may result into deleting such content, disabling/deleting of accounts, and other restrictions as deemed appropriate, or may even be reported to legal authorities if required. We also recognize that some content that would normally be removed per our Community Guidelines may be valuable to public and we do recognize certain exceptions under specific circumstances, as described in the sections below. We follow a transparent and fair process to review content on the IndiaPlays App to ensure that at no point of time there is any violation of Community Guidelines. Any action or decision taken by IndiaPlays for violation of the Community Guidelines shall be at the sole discretion of IndiaPlays.
At the outset, please note that any content including any communication / interaction of the following nature is prohibited and may warrant action from IndiaPlays.
Details of each of the aforementioned items have been explained and set out below. Please refer to the details set out in each such paragraph relating to specific acts and read the same carefully in order to understand what does each such prohibition entail.
Please note that we have tried to draft our Community Guidelines as detailed as possible, however this is not an exhaustive list of policies and every content, if reported, shall be analysed based on the parameters mentioned in these guidelines that may be indirectly or directly violating these guidelines. User and host discretion are warranted to ensure that apart from the examples listed below, no content shall be posted that may violate these guidelines.
We update our Community Guidelines from time to time to ensure that we act as a safe platform.
We urge you that if you find content that violates this Community Guidelines, please report it.
Sexually explicit or gratifying content (including pornography) is prohibited on the IndiaPlays app, including any animated content of such nature. Such content is illegal in certain jurisdictions and may warrant sharing of non-consensual images or may be hurtful to cultural sentiments.
Exceptions: Restrictions on the display of sexual activity may be relaxed only by IndiaPlays specifically for content posted for educational purposes.
Users and hosts on IndiaPlays app are required to meet minimum age requirements for use of the IndiaPlays app (as stipulated in our Terms of Use). We have a zero tolerance for predatory behaviour towards minors. We do not allow content that depicts or disseminates child abuse, child nudity, or sexual exploitation of children.
III. INTELLECTUAL PROPERTY
We as a platform encourage everyone to create and share original content that does not infringe any intellectual property rights of anyone else.
We do not allow content that encourages dangerous or illegal activities that risk serious physical harm or death.
Exception – We might allow videos that depict dangerous acts if they’re meant to be educational, documentary, scientific, or artistic, which shall be the sole discretion of IndiaPlays.
We do not allow content that is excessively gruesome or shocking, especially that promotes or glorifies violence or suffering or content intended to shock or disgust viewers or inciting others to commit violent acts. If you believe anyone is in imminent danger, you should reach out to your legal authorities to report the situation immediately.
Exceptions: We might allow content that depict the above mentioned acts if they are a part of staged or professional fighting, traditional martial arts, or fighting in a fictional setting, which shall be the sole discretion of IndiaPlays.
We do not promote any content intended to praise, promote, or aid violent organizations such as criminal organization or terrorist organization or individuals belonging to such organizations are not allowed to use IndiaPlays app for any purpose. We define dangerous individuals and organizations as those that commit crimes or cause other types of severe harm. The types of groups and crimes include, but are not limited to: hate groups, violent extremist organizations, homicide, human trafficking, organ trafficking, arms trafficking, drug trafficking, kidnapping, extortion, blackmailing, money laundering, fraud, cybercrime. We do not allow dangerous individuals or organizations to use our platform to promote terrorism, crime, or other types of behaviour that could cause harm.
Exceptions: We might allow content that depict the above mentioned acts if such content is posted for an educational, documentary, scientific purpose, please ensure to provide enough information in the video or audio itself so viewers understand the context, which shall be the sole discretion of IndiaPlays. Graphic or controversial footage with sufficient context may be subject to warning screen.
VII. SUICIDE, SELF-HARM, AND DANGEROUS ACTS
We do not promote participation in activities that could lead to harm. We also do not permit users to encourage others to take part in dangerous activities. We do not allow content that promotes self-harm or suicide. However, users should not be afraid to speak openly about the topics of mental health or self-harm.
Exceptions: Content that provides support, resources, or coping mechanisms for those going through suicidal ideation
We as a community encourage users who are struggling with thoughts of self-harm or suicide, or contemplating suicide, to immediately contact legal authorities or a suicide prevention hotline. Being a responsible. company, IndiaPlays may also report risky behaviour to relevant authorities, helplines & third party experts and block your access.
VIII. HATE SPEECH, SLURS AND HATEFUL IDEOLOGIES
We do not tolerate content or any communication between users that attacks or incites violence against an individual or a group of individuals on the basis of certain attributes. We do not allow content any communication between users that includes hate speech, content promoting violence or hatred against individuals or groups based on any of the following attributes: age, caste, disability, ethnicity, gender identity and expression, nationality, race, immigration status, religion, sex/gender, sexual orientation, victims of a major violent event and their kin, veteran status, immigration status.
Hate speech is content that directly or indirectly attack, threaten, incite violence against, or dehumanize an individual or a group of individuals on the basis of the attributes mentioned above.
We deeply understand the psychological distress that abusive content can have on individuals, and we do not tolerate abusive content or behaviour on our platform. Users should feel safe to express themselves responsibly without fear of being shamed, humiliated, bullied, or harassed. Content that threatens individuals is not allowed on IndiaPlays app. We also do not allow content that targets an individual with prolonged or malicious insults based on intrinsic attributes, including their group status or physical traits.
Exceptions: We may allow content that includes harassment and steps to cope with harassment if the primary purpose is educational such as harassment education and awareness, documentary, scientific, or artistic in nature. This is based on the sole discretion of IndiaPlays.
We do not allow content that is intended to deceive or mislead any of our users including. activities such as spamming, impersonation, and disinformation campaigns:
We don’t allow content where the main purpose is to directly or indirectly allude users to leave IndiaPlays app for another website.
We do not allow users to impersonate other individuals or organizations in order to deceive the public. When we confirm reports of impersonation, we remove the violating accounts.
Exception – We do allow exceptions for parody, commentary, or fan accounts, as long as the account does not mislead others with regard to its identity or purpose on IndiaPlays app. Any such exception shall be at the sole discretion of IndiaPlays.
We do not permit misinformation that could cause harm to our community or the larger public. While we encourage our users to have respectful conversations about the subjects that matter to them, we remove misinformation that could cause harm to an individual’s health or wider public safety. We also remove content distributed by disinformation campaigns.
We prohibit the trade, sale, promotion, and use of certain regulated goods, as well as the depiction or promotion of criminal activities. Some content may be removed if it relates to activities or goods that are illegal or regulated in the majority of the region or world, even if the activities or goods in question are legal in the jurisdiction of posting. Criminal activities include acts punishable by law, including theft, assault, human exploitation, and other harmful behaviour.
Exception – We may provide exceptions to content that displays firearms or other types of weapons in the following scenarios: in a fictional setting, as part of a museum’s collection, carried by a police officer, in a military parade, or used in a safe and controlled environment such as a shooting range. We may allow exceptions for content that provides value to the public, such as educational, scientific, artistic, and newsworthy content. Any such exception shall be at the sole discretion of IndiaPlays.
XII. FRAUDS AND SCAMS
We do not permit anyone to exploit our platform to harm others, which includes schemes to defraud individuals or steal assets.
XIII. INFRINGEMENT OF OTHERS’ PRIVACY
Revealing or threatening to reveal personally identifiable information can cause serious emotional distress and lead to real-world harm. If someone posts your personal information without your consent, please feel free to report a privacy breach complaint by providing your uniquely identifiable information such as image or voice, full name, financial information, contact information, other personally identifiable information.
XIV. THREATS TO PLATFORM SECURITY
In addition to the content and behaviour outlined above, our policies prohibit activities that undermine the IndiaPlays service:
If you post or stream any content that encourages other users to violate our Terms of Service, the content may be removed, your account may be penalized, and in some cases your account may be terminated.
XVI. LINKS IN YOUR CONTENT
Links that send users to websites featuring content that violates our Community Guidelines are not allowed on IndiaPlays. Don’t post links in your content on IndiaPlays if they fit any of the descriptions noted below.
ACTIONS THAT WILL BE TAKEN IF YOU POST ANY CONTENT THAT VIOLATES THE COMMUNITY GUIDELINES
If you see something that you think may violate our Community Guidelines, please help us by reporting the same on our reporting option available on the users’ profile. We will review these reports internally and will work as quickly and as efficiently as possible to remove content that does not meet our Community Guidelines, or take actions appropriate for such content after review. Please help us by providing as much information as possible, such as links, usernames, and descriptions of the content, so we can find and review it effectively.
We take genuine intellectual property infringement complaints very seriously. If you come across any content that you feel may be infringing any intellectual property, please report to us at the earliest and we shall review such complaint as quickly as possible. While doing so, we request you to provide us as much information as possible such as the reason why you feel the content infringes any intellectual property. We may work with law enforcement whenever necessary, including when we believe that there’s risk of physical harm or threat to public safety.
For more information, please read our terms and conditions (Terms of Use) available on the IndiaPlays App.
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