Player Agreement - Terms and Conditions of Use for www.greatindiagame.in
- Introduction
This Player Agreement – Terms and Conditions of Use for www.greatindiagame.in contains the terms and conditions that govern the use of www.greatindiagame.in online game participation. By checking the “accept” box, a Prospective Player is confirming that he or she understands and agrees to be bound by the terms and conditions of this Agreement. If a Prospective Player or a Players does not agree with any of the terms and conditions of this Agreement, the individual is not permitted to register an account with or access www.greatindiagame.in .
NFX DIGITAL LIMITED (NDL) reserves the right to revise this Agreement from time to time in such manner as NDL, in its sole discretion, determines to be appropriate. NDL will post a notice on www.greatindiagame.in advising Players when this Agreement has been revised; Players (prior to logging into their Player Account) will be required to acknowledge and agree to be bound by the revised terms and conditions from and after that date. Each Prospective Player and Player is responsible for familiarising him or herself with all the terms and conditions of this Agreement and ensuring that he or she understands and agrees to be bound by them prior to registering an account with www.greatindiagame.in or logging-in to his or her Player Account.
If a Player breaches or otherwise fails to comply with the terms and conditions of this Agreement, NDL will have the right to exercise any or all the remedies described in this Agreement or otherwise available to it in law or in equity. Those remedies may include, for example, (i) the right to terminate a Player’s eligibility to maintain a Player Account, (ii) to lock, suspend and/or deactivate a Player Account, and (iii) to retain any or all Refundable Funds (as defined in Section 2 below) associated with a Player Account. 2. Definitions
The following terms have the respective meanings specified below, and grammatical variations of such terms have corresponding meanings:
“www.greatindiagame.in ” means NDL’s website and mobile applications through which select Games are made available to eligible Players from time to time;
- “SGN System” means the system that is used by NDL for registering and administering Player Accounts, facilitating the participation in Games, playing games, playing of games, and paying Prizes;
- “Access Device” means any electronic means of accessing www.greatindiagame.in , including but not limited to, computers, smartphones, feature phones, tablet devices, touch devices, or any home entertainment system such as video games consoles and smart TVs (or by any other remote means);
“Agreement” means this Player Agreement – Terms and Conditions of Use for
www.greatindiagame.in , as amended or replaced from time to time by NDL;
“Bonus Funds” means an amount corresponding to Indian Rupees that is awarded and loaded into a Player Account by NDL. Bonus Funds, subject to the applicable Bonus Funds Terms, can be used by a Player to play on Games without charge to the Player;
“Bonus Funds Terms” has the meaning specified in Section 7.1. Subject to Section 3 of this Agreement, the Bonus Funds Terms are incorporated into and form part of this Agreement; “Business Day” means any day other than a Saturday, a Sunday, a statutory holiday in India. “Chargeback” has the meaning specified in Section 5.5;
“Cookie Policy” means the www.greatindiagame.in Cookie Policy, as amended or replaced by NDL, in its sole discretion, from time to time. Subject to Section 3, the Cookie Policy is incorporated into and forms part of this Agreement;
“Downtime” has the meaning specified in Section 12.2;
“Event-Based Game Played Online” means any of the games made available through www.greatindiagame.in from time to time that: (i) constitute an outcome based on an event; and, (ii) require the Player, to the best of his or her knowledge and ability, select a set of correct outcomes.
“Error” has the meaning specified in Section 12.1;
“Error Funds” has the meaning specified in Section 12.1;
“Future Game Transaction” means an order for a draw-based game played online; “Games” means, collectively, play-for-free games or pay-to-play games, or draw-based games played online;
- “Inactive Account” means a Player Account that is described in Section 10.2.1 but does not include the Player Account of a Self-Excluded Individual;
“Inactive Account Fees” means the amount of which NDL will be entitled to withdraw from the Refundable Funds associated with the Player Account at the end of each month (or at any time thereafter) without the requirement for any advance or further notice to the Player as described in 10.2.1;
“Non-Refundable Funds” means any funds that are deposited, for initial access to www.greatindiagame.in , to a Player Account, including Bonus Funds, and are not debited back to a Player’s payment processing services account;
“Player” means an individual or a customer who has successfully registered a Player Account that has not been suspended, deactivated, locked or closed;
“Player Account” means a customer or Player’s account of funds that is maintained on the SGN System, and includes the Player’s registration information, deposit and withdrawal transaction history, play-information, prize winning, and all reconciliations of transactions that the Player can access through www.greatindiagame.in from time to time;
“Player Contact Information” means a customer or Player’s contact information that is associated with a Player’s Account and stored in the SGN System at the relevant time including, for example, the Player’s name, e-mail address, mailing address and telephone number; “Player-Initiated Transaction” has the meaning specified in Section 10.2.1;
“Player Support” means SGN’s customer support services, which can be contacted in accordance with Section 15.1;
- “Game” means a list of games, events, or activities in which there are end-results to the games, events, or activities;
- “Game Play” means to participate in a Game, and the available prize is split between all players with the winning selection. Players enter the game with a participating fee, which is matched by all other players, and the part of these fees creates the Prize Pool;
“Game Play Rules” means any terms, conditions, explanations, rules and procedures, including the prize structure, issued by NDL from time to time (in addition to this Agreement) which apply to an Event-Based Game Played Online and which are designated by NDL as l Play Game Rules.. Subject to Section 3, the l Play Game Rules are incorporated into and form part of this Agreement;
“Privacy Policy” means the www.greatindiagame.in Privacy Policy, as amended or replaced by NDL from time to time. Subject to Section 3, the Privacy Policy is incorporated into and forms part of this Agreement;
- “Prize” means a prize won by a Player from a Game in accordance with the applicable game rules; · “Prize Pool” means the available total prize as a portion of the total fees submitted for a Game, play-submitted made for a Game that is split between all players with the correct selection.
“Prospective Player” means any individual who has registered on www.greatindiagame.in but is not coNDLtted to deposit of funds to participate in Games, and described in Section 4.1; “Refundable Funds” means Prizes won by the player but excluding Non-Refundable and Bonus Funds, that have not been used by the Player; and can be credited back to a Player’s payment processing services account;
“Membership” means benefits attributed to an individual who has coNDLtted to deposit a minimum amount for participation in Games, submitting-play that is Non-Refundable; “Username and Password” means a unique combination of identifiers created by a Player that is used by that Player to identify himself or herself to the SGN Gaming System each time the Player wants to access his or her Player Account.
“NDL” means the NFX Digital and the successors thereof;
- Additional Documents Comprising Part of this Agreement
This Agreement incorporates by reference the terms, conditions, policies, statements and explanations of other documents, including:
- a) the applicable Game Play Rules;
- b) the Cookie Policy; and
- c) the Privacy Policy
In the event of any conflict or inconsistency between any provision of this Agreement and any of such other terms, conditions, policies, statements and explanations, the order of precedence shall be in descending order of clauses (a) to (c) above, except that this Agreement (excluding the Cookie Policy and the Privacy Policy) shall rank above the Cookie Policy and the Privacy Policy for such purpose. 4. Registration of a Player Account
4.1 – Eligibility to Register a Player Account
Only Players are allowed to participate in Games on www.greatindiagame.in . An individual who desires to become a Player (a “Prospective Player“) must satisfy the following criteria, as determined by NDL in its sole discretion:
- the Prospective Player must not already be a Player. A Player is only entitled to have one Player Account. The registration or attempted registration of more than one Player Account will constitute a material breach of this Agreement;
- the Prospective Player must be at least 18 years of age;
- the Prospective Player must be a resident of India;
- the Prospective Player must provide a valid Permanent Account Number (PAN) number before he or she can withdraw any funs from their refundable wallet;
- the Prospective Player must be an individual who is acting on his or her own behalf; 6. the Prospective Player must not be acting for or on behalf of anyone other than him or herself, whether as an agent or otherwise; and
- the Prospective Player must submit true, complete and accurate registration information.
A Prospective Player may only register an account online using the www.greatindiagame.in website; a Prospective Player may not register an account using mobile applications.
A Prospective Player who does not satisfy all the foregoing criteria is not eligible to register an account with www.greatindiagame.in or to become a Player. NDL, in its sole and unfettered discretion, may require additional information or documentation from a Prospective Player prior to completing the registration of a Player Account or at any time thereafter, including for the purposes of confirming a Player’s identity or other Player Contact Information, and in order to investigate any suspected breaches of this Agreement (including any suspected fraudulent or dishonest activity).
NDL will disclose a Prospective Player’s registration information to third party service providers for the purposes of authenticating some or all of the registration information that has been provided to NDL and to otherwise confirm that a Prospective Player has satisfied the foregoing criteria and is eligible to register a Player Account. In addition, NDL may similarly disclose information in respect of a Player from time to time for the purposes of (i) confirming the Player’s continued eligibility to maintain a Player Account, (ii) investigating any suspected breaches of this Agreement (including any suspected fraudulent or dishonest activity), and (iii) exercising any of NDL’s other rights described in this Agreement or in any of the other documents incorporated in this Agreement by reference pursuant to Section 3.
By providing any information or documentation to NDL, the Prospective Player (or the Player) consents to the use and disclosure of such information by NDL for all of the purposes contemplated in this Agreement or in any of the other documents incorporated in this Agreement by reference pursuant to Section 3. Please see the Cookie Policy and the Privacy Policy for additional information regarding the collection, use, disclosure and storage of personal information by NDL.
The Prospective Player is required to create an appropriate nickname (screen name). The nickname (screen name) must be socially acceptable, in NDL’s sole and absolute judgement. NDL, in its sole and unfettered discretion, may take steps to rectify an inappropriate nickname, including but not limited to changing the nickname, locking or closing the account.
4.2 – Player Account Information
Information that is submitted by a Prospective Player who is registering an account with www.greatindiagame.in must be true, accurate, and complete at the time it is provided to NDL and such information must remain true, accurate, and complete following the registration of a Player Account. If any of such registration information changes following the registration of a Player Account, it is the Player’s sole responsibility to ensure that the Player remains entitled to have a Player Account pursuant to the terms of this Agreement and, if necessary, to update their information in the Player Account by going to the My Account page.
NDL may, from time to time, disclose a Player’s registration information to third party service providers for the purpose of confirming that the Player’s registration information remains true and accurate. In addition, NDL may, at any time in its sole and unfettered discretion, request additional information and documentation from a Player for this purpose.
The Player consents that NDL, and its third-party service providers, can collect personal information/player information. The Player consents that this information can be used and disclosed outside of India. This consent enables the following services to be provided: i) verification of identity; ii) payment processing; iii) location verification; iv) analytics (e.g., web site usage); v) customer relationship management and player support; vi) email services; and vii) technical support of www.greatindiagame.in . The failure to update Player Account information in a timely manner will constitute a material breach of this Agreement by the Player. Following the registration of a Player Account, if NDL discovers that any of the registration information associated with a Player Account in the SGN System is not true, or is no longer accurate or complete (including, for example, the failure of a Player to update their Player Account information to reflect changed circumstances), NDL may take any and all steps in relation to the Player or the Player Account that NDL determines, in its sole and unfettered discretion, to be appropriate. For example, these steps may include locking or deactivating the Player Account, investigating any security
issues and, in the case of suspected or actual identity theft or fraud, disclosing all relevant information to the appropriate law enforcement authorities and other third parties that NDL determines to be appropriate (for example, NDL’s payment processors, credit card issuers, and game providers). NDL may require a Player to provide additional information and documentation if NDL, in its sole and unfettered discretion, determines that the additional information or documentation is needed: to comply with applicable laws or regulatory requirements; to prevent fraud or other illegal activity (whether suspected or actual); to address a suspected or actual breach of the terms and conditions of this Agreement, and/or to confirm a Player’s identity or entitlement to receive funds. Without limiting the generality of the foregoing, a Player will be required to provide to NDL such information and documentation as NDL may determine that it requires in order to meet its regulatory reporting obligations. By providing such additional information or documentation to NDL, the Player will be deemed to represent and warrant to NDL that such information is true and accurate or that such documentation is a true, accurate, and complete copy of the original.
4.3 – Password Security
When registering for a Player Account, a Prospective Player will be required to create a Username and Password. Following the registration of a Player Account, the Player is solely responsible for maintaining the security and secrecy of the Player’s Username and Password, including related security or verification questions and answers. A Player is not permitted to disclose the Username and Password to any other individual (including other Players, Prospective Players, family members, or minors), and only the Player is permitted to use the Username and Password to log-in to his or her Player Account. Without limiting the generality of the foregoing, a Player is not permitted to use his or her Username and Password for the purpose of giving any other individual access to the Player’s Account for any reason whatsoever. All transactions (for example, changes to registration information and Player Contact Information, deposits, withdrawals and game play) made through a Player Account following the correct entry of a valid Username and Password will be deemed to have been made by the Player, and the Player will be solely responsible for all such transactions.
If a Player intentionally or unintentionally discloses his or her Username and Password to anyone else, or if the Player suspects that someone else might have discovered the Player’s Username and Password (whether or not such other person has used or attempted to use the Player’s Username and Password), the Player must immediately change his or her credentials on www.greatindiagame.in and notify Player Support regarding the compromise or possible compromise of the original Username and Password. A Player can change his or her credentials at any time by going to the My Account page. 4.4 – Player Accounts
A Player can access his or her Player Account by going to the My Account page on the www.greatindiagame.in website to view, for example, the following information:
- the Player’s registration information, including Player Contact Information; 2. the Player’s Username and Password, as well as related security questions and answers; 3. the current balance of the Player Account;
- the financial transaction history associated with the Player Account; and 5. the game-play transaction history associated with the Player Account.
If a Player discovers any inaccuracy or error in the information that is contained in his or her Player Account, or if the Player suspects that such an inaccuracy or error may exist, regardless of who is responsible for the inaccuracy or error, the Player is required to immediately contact Player Support. www.greatindiagame.in is a personal entertainment website. A Player may only use his or her Player Account for personal purposes. A Player is not permitted to use www.greatindiagame.in or any component thereof (including a Player Account) or any content included on www.greatindiagame.in for any business, commercial or public purpose or for any other purpose that NDL advises the Player from time to time is not permitted.
A Player Account is not the property of the Player and cannot be assigned or transferred to, or shared with, any other person by the Player for any purpose.
- Deposits into Player Account
5.1 – Funding a Player Account
A Player is required to register for participation in the games andare required to deposit a minimum amount (as required) in order to participate or submit a play on Games with an entry fee, and/or participate in the leaderboards and promotions on www.greatindiagame.in . Additional deposits, over and above the initial deposit , is acceptable in any amount. All deposits are are non-refundable To play on Games with an entry fee, a Player is required to have a positive balance of funds in his or her Player Account. NDL will not extend credit to Players. If a Player Account does not have sufficient funds for a Game at the time of placing a participation fee, submitting-a-play, or purchase is to be made, then the fee, submission-of-play, or purchase will not be made and the Player’s entry into the Game will be rejected. A Player is solely responsible for ensuring that his or her Player Account contains sufficient funds for a Game, and NDL does not undertake any obligation or responsibility for notifying a Player if he or she does or may have insufficient funds available to play a particular Game prior to rejecting the relevant transaction (provided that the foregoing will not restrict NDL’s ability to so notify a Player). In addition, subject to certain exceptions, any monetary Prizes from Games that are played through www.greatindiagame.in will be loaded to the Player Account by means of a credit to the balance of such Player Account. The withdrawal of funds representing such Prizes from a Player Account will be subject to the terms and conditions of this Agreement. Instructions for claiming non-monetary Prizes will be provided to the Player by NDL from time to time.
5.2 – Means of Depositing Funds
A Player may fund his or her Player Account by depositing funds (in Indian Rupees only) with NDL by means of NDL’s third party payment gateway service provider. No other means of funding the balance of a Player Account is permitted as of the date of this Agreement. A Player may only play with the amount of cleared funds held in a Player’s Account.
All customer funds (including but not limited to cleared deposits, winnings or prizes left on deposit, and any crystallized but as-yet unpaid loyalty, or other bonuses) are held in bank accounts which are separate from NDL own accounts. NDL’s bank has acknowledged that the funds in these designated client bank accounts remain the property of NDL’s customers; and can only be used for the specific and exclusive purpose of enabling participation in the Games offered on www.greatindiagame.in . This means that steps have been taken to protect customer funds but that there is no absolute guarantee that all funds will be repaid in the event of insolvency.
For the avoidance of doubt, a Player Account is not a bank account and, therefore, is not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system. Funds deposited with NDL for purposes of funding the balance of a Player Account, and monetary Prizes that are credited to a Player Account, will not accrue interest for the benefit of the Player, and the Player shall not be entitled to claim any interest from NDL in respect of any such funds.
If any amount becomes owing to NDL by the Player under or in accordance with the terms of this Agreement, NDL shall have the right to deduct such amounts from the Player’s Refundable Funds and to adjust the balance of funds in the Player Account accordingly without the requirement for any advance or further notice to be provided to the Player by NDL.
NDL, in its sole and unfettered discretion, will be entitled to suspend or close a Player’s Account if NDL reasonably considers or has reason to believe that a Player is depositing funds (excluding the initiation fee) without any intention to participate in, submit play on any Game. In such circumstances, NDL may also report this to relevant authorities.
5.3 – Deposit Limits
In addition to any deposit limits established by a Player, NDL (in its sole discretion) may restrict a Player’s ability to fund the balance of a Player Account. For example, NDL may establish minimum and maximum amounts of funds that may be deposited by a Player with NDL for the purpose of funding the balance of a Player Account.
5.4 – Purchases Goods & Services Tax
All deposits or participation fees on Games are subject to Goods & Services Tax (GST). A player will be levied the appropriate taxes on the value of deposits or fee he or she coNDLts to participate on Games. 5.5 – Chargebacks
A “Chargeback” occurs for the purposes of this Agreement when a credit or debit cardholder contacts the bank or other financial institution that issued the card to initiate a refund for a payment transaction that was made using the card or the account associated with the card, and the bank or financial institution requests that NDL or its third-party payment gateway service provider return the relevant funds. If a Player funds the balance of his or her Player Account and thereafter a Chargeback occurs in respect of all or part of the deposit transaction, NDL (or any of its third-party service providers) may take any or all of the following actions, in each case as NDL, in its sole discretion, determines to be appropriate: 1. lock the Player Account pending resolution of any dispute relating to the Chargeback. If a Player Account is locked in such circumstances, the Player will not be able to log-in to the Player Account or withdraw any Refundable Funds until the Player Account is unlocked unless NDL, in its sole discretion, determines otherwise, and all future game transactions associated with the locked Player Account will be suspended (i.e., no purchase or other financial transaction in respect thereof that has not been completed at the time the Player Account is locked will be completed) until the Player Account is unlocked; 2. request that the Player contact Player Support to explain the circumstances of the Chargeback; 3. debit the Refundable Funds in the Player Account with the amount of the Chargeback. If that debit results in a negative balance of Refundable Funds in the Player Account, the amount of the negative balance will constitute a debt owed by the Player to NDL, and NDL reserves the right to recover such amount from the Player; or
- deactivate the Player Account and exclude the Player from playing Games on www.greatindiagame.in (i.e., deem the individual to thereafter be an Excluded or Suspended Individual). The player is solely responsible for any and all local taxes or other amounts payable in India resident or otherwise relation to any winnings or withdrawals made by you in relation to your account. If any local withholding taxes are required by NDL, a Chargeback will be made to the Player’s account. 5.6 – Global Play Limits
NDL, in its sole and unfettered discretion, shall set maximum monthly participation fees or play limits. Prior to a Player placing any participation fee, or play-submission, a Player will accept NDL’s established monthly playing limits or set his or her own limits which must be equal to or less than the established limit. A Player who subsequently desires to change his or her personal monthly participation fees or play limit may do so subject to the following:
- if the Player is lowering the maximum limit, the change will have immediate effect; and ii. if the Player is increasing the maximum limit, the change will be subject to any limits prescribed by NDL in its sole discretion
- Withdrawals from a Player Account
6.1 – Methods of Withdrawing Refundable Funds
Subject to certain exceptions, withdrawals of Refundable Funds from a Player Account will be processed by means of an electronic bank transfer (in Indian Rupees only) to the payment processing services provider with which the Player has an account. A pre-established, in NDL’s sole discretion, withdrawal fee shall be charged to the Player.
A Player will not be entitled to specify any other payment method or currency of payment for a withdrawal. Any withdrawals will be made by NDL’s designated third party payment processing services provider. For example, a Player will not be able to withdraw Refundable Funds to a credit card, debit card, or bank
account. NDL, in its sole discretion, may from time to time return Refundable or Non-Refundable Funds to a Player by other appropriate means.
6.2 – Withdrawal Limits
Subject to the terms and conditions of this Agreement, a Player may withdraw Refundable Funds from his or her Player Account up to the then-current balance of Refundable Funds.
A Player will not be entitled to withdraw Refundable Funds from a Player Account through www.greatindiagame.in at any time that a Player Account is locked unless NDL, in its sole discretion, determines that the withdrawal (in whole or in part) will be permitted. If a Player Account is locked and the Player wants to make a withdrawal of Refundable Funds, the Player must contact Player Support. A Player will not be entitled to withdraw Non-Refundable Funds using mobile applications at any time. NDL may from time to time specify minimum and maximum withdrawal amounts applicable to Player Accounts.
NDL may from time to time limit the number of withdrawals of Refundable Funds that a Player can make during a specified period of time.
NDL may require a Player to provide additional information and documentation prior to processing a withdrawal of Refundable Funds from a Player Account if NDL, in its sole discretion, determines that the additional information or documentation is needed to comply with applicable laws or regulatory requirements, or if NDL considers the collection of such information or documentation to be necessary or advisable in order to prevent fraud or other illegal activity (whether suspected or actual) or to otherwise address a suspected or actual breach of the terms and conditions of this Agreement, or to confirm a Player’s identity or entitlement to receive Refundable Funds. Without limiting the generality of the foregoing, a Player will be required to provide to NDL such information and documentation as NDL may determine that it requires in order to comply with its third-party services providers’ legal and regulatory reporting obligations. All such information that is provided to NDL will be stored in the SGN System on servers located in Mumbai, India. By providing such additional information or documentation to NDL, the Player will be deemed to represent and warrant to NDL that such information is true and accurate or that such documentation is a true, accurate and complete copy of the original.
6.3 – Withdrawal Processing Times
Following a Player’s request to withdraw Refundable Funds from his or her Player Account and the satisfaction of all other terms and conditions for a withdrawal (including providing any required information or documentation to NDL), in most circumstances NDL will be able to process the withdrawal within one Business Day. In some circumstances, a longer period of time for processing a withdrawal may be required. NDL will not be required to notify the Player of any delay associated with the processing of a withdrawal of Refundable Funds or the reason for such delay unless additional information or documentation is required to be provided by the Player.
6.4 – Withdrawal Withholding Tax
Any withdraws from a player’s Non-Refundable fund is subject to Withholding Tax. A player will be levied the appropriate taxes on the value of his or her withdraw. The withholding tax will be deducted from the amount of the withdrawal.
- Bonus Funds Terms
7.1 – Bonus Funds
From time to time NDL may, in its sole discretion, whether for promotional purposes or otherwise, offer to upload Bonus Funds into a Player Account, subject to the Player (in his or her discretion) accepting the offer of the Bonus Funds. Bonus Funds have nomonetary value only, so they are Non-Refundable Funds at the time they are awarded but can be used for participating in, playing game purposes only. All Bonus Funds are Non-Refundable. A Player is not entitled to receive Bonus Funds unless NDL, in its sole discretion, determines that Bonus Funds should be offered to a particular Player. A Player will not be obligated to accept Bonus Funds.
NDL will have the right to determine the qualification criteria for all promotions and awarding of Bonus Funds. The criteria will be specified in the terms and conditions that NDL determines are applicable to any specific Bonus Funds, and any use of such Bonus Funds must comply with the applicable terms and conditions relating thereto (the “Bonus Funds Terms“). All Bonus Funds Terms will be deemed to be incorporated by reference in this Agreement, and in the event of any inconsistency between the Bonus Funds Terms and the terms and conditions of this Agreement, the Bonus Funds Terms shall govern to the extent of the inconsistency.
The awarding and availability of Bonus Funds are in NDL’s sole discretion. The use of Bonus Funds may be limited to specific Games and specific periods of time, and Bonus Funds may expire and be cancelled if they are not used prior to a specified date or time. In addition, NDL may cancel Bonus Funds that have been uploaded into a Player Account at any time in its sole discretion.
7.2 – Using Funds
If a Player who wants to participate in, submit-play and has Funds in his or her Player Account (regardless of whether the awarding of the Bonus Funds preceded or followed the credit of funds to the balance of the Player Account, whether resulting from a deposit of funds with NDL by the Player or the winning of a Prize by the Player), the Non-Refundable Funds will be used first to play the eligible games until all of the Non-Refundable Funds have been utilised, following which time the Refundable Funds will be used.
- Advertising
8.1 – Publishing Winner Information
NDL may publish the winner’s name, nickname (as selected on this site), town/city, prize amount, game name, draw date and paid date on NDL’s website (www.greatindiagame.in ). Such information will not be published for longer than 30 calendar days.
- Responsible Play
9.1 – Importance of Responsible Play
NDL’s coNDLtment to responsible play includes:
- supporting Players with information and tools to help them make informed choices when they play; 2. collaborating with independent organisations, professionals, and experts in responsible play; and
9.2 – Responsible Play Tools
NDL is coNDLtted to supporting Players to make responsible and informed play choices and offers a variety of play management tools to help them manage the money and time they spend playing on www.greatindiagame.in . Responsible play tools that are available on www.greatindiagame.in include: 1. establishing a monthly playing limit, applicable to all Players;
- enabling each individual Player to set his or her own participation fee limit; 10. Closure of a Player Inactive Account
10.1 – Closure of a Player Account by the Player
A Player may close his or her Player Account at any time by contacting Player Support. If a Player is no longer eligible to have a Player Account (for example, if the Player will be relocating to a jurisdiction outside of allowable jurisdictions), the Player is required to close his or her Player Account. If a Player closes a Player Account and Refundable Funds remain in the Player Account at that time, NDL will return the Refundable Funds to the Player’s payment services account that is associated with the Player Account, the details of which are stored by NDL on the SGN System. In the event that NDL is not able to successfully deposit the Refundable Funds in the Player’s payment services account (either for example, because the payment services account has been closed or because NDL requires additional information in order to confirm that the payment account belongs to the Player), NDL will use reasonable efforts to contact the Player using the Player Contact Information to advise as to the status of the Player Account and the balance of Refundable Funds.
10.2 – Closure of a Player Account by NDL
NDL shall have the right, in its sole and unfettered discretion, to close a Player Account. 10.2.1 – Inactive Account
A Player Account will become an Inactive Account if there has not been a successful Player-Initiated Transaction for a period of 12-consecutive months, unless the Player Account is that of a Self-Excluded Individual. For this purpose, a “Player-Initiated Transaction” means (i) a deposit of funds by the Player for the purpose of funding the Player Account; (ii) a withdrawal of Refundable Funds from the Player Account, or (iii) a participation fee, play-submission, or purchase of an Event-Based Game Played Online or a Pay-to-Play Game. If a Future Game Transaction associated with a Player Account expires or is suspended or cancelled for any reason, the foregoing 12-month period will be calculated beginning on the day that the last Future Game Transaction is processed from the Player Account, being the last Player-Initiated Transaction. For the avoidance of doubt, a Play-for-Free Game is not considered a Player-Initiated Transaction.
A Player Account that has become an Inactive Account will cease to be an Inactive Account following the successful completion of a Player-Initiated Transaction.
10.2.2 – Locking or Deactivation (Closing) of a Player Account in NDL’s Discretion NDL shall have the right to lock or deactivate a Player Account at any time in its sole discretion. Except in the circumstances described below, if NDL deactivates a Player Account, NDL will deposit an amount equal to the Refundable Funds as at such date into the payment services account that is associated with the Player Account, the details of which are stored by NDL on the SGN System. In the event that NDL is not able to successfully deposit the Refundable Funds in such payments services account (for example, because the payment services account has been closed or because NDL requires additional information in order to confirm that the bank account belongs to the Player), NDL will use its reasonable efforts to contact the Player using the Player Contact Information. If NDL is unable to contact the Player, then NDL will retain the Refundable Funds until NDL receives proper instructions relating to the disposition of such funds from the Player or his or her legal representative. If after a 12-month period following the date of Deactivation of the Player Account the NDL does not receive proper instructions relating to the disposition of such funds from the Player or his or her legal representative, the funds shall be treated as forfeited by the Player, in which case the Player will not be entitled to have the Refundable Funds returned.
Notwithstanding the foregoing, if NDL deactivates a Player Account as a result of the occurrence of a material breach by the Player under this Agreement, NDL (in its sole discretion) shall be entitled to treat any or all of the Refundable Funds as forfeited by the Player, in which case the Player will not be entitled to have the Refundable Funds returned.
10.3 – Effect of Deactivation of a Player Account
When a Player Account is deactivated:
- a) the Player shall not have access to his or her account for participation in Games, play-submission, or game play;
- b) any scheduled participation fee, play-submission, or purchases (including for Future Game Transactions) that have not been completed prior to the deactivation will be cancelled; c) the Player will not be entitled to receive any offers for new Bonus Funds; and d) this Agreement will terminate, except for those provisions which by their nature are intended to survive the termination of this Agreement.
10.4 – Reactivation of a Player Account
NDL will retain information relating to an Inactive Account in the SGN System for up to five (5) years following the locking of such account. If a Player Account has become an Inactive Account and is locked, the Player may thereafter contact Player Support to request the reactivation of the Player Account. If an Inactive Account is reactivated, it will have the same account details as those which existed as of the date the Player Account became an Inactive Account. In the event that any of the relevant information has
changed (for example, the Player Contact Information), the Player will be solely responsible for updating such information and complying with the terms and conditions of this Agreement which are then in effect. When a Player Account is reactivated, the Player is not entitled to any Bonus Funds or such Bonus schemes from the period in which the Player Account was deactivated.
- Accessing and Using www.greatindiagame.in
11.1 – Supply and Maintenance of Player Equipment and Services
Players are solely responsible for supplying and maintaining all equipment, technology and services that they require to access and use www.greatindiagame.in . The performance or operation of www.greatindiagame.in or any website or downloadable gaming client or mobile applications that NDL may make available to Players from time to time may be affected by a Player’s computer equipment, mobile device, Internet connection or other factors that are outside of NDL’s control. In some cases, a Player may not be able to access or use some or all of the components or functionality of www.greatindiagame.in as a result of deficiencies in their own equipment or technology or the service providers retained by them. For example, a slow Internet connection could adversely impact the performance or operation of www.greatindiagame.in , or the settings on a Player’s computer could cause some or all of the content of www.greatindiagame.in to display incorrectly or to fail to display. NDL makes no representation or warranty of any kind regarding the compatibility, functionality, performance or operation of www.greatindiagame.in or any component thereof on any Player’s computer or other devices used to access www.greatindiagame.in .
Players may require additional third-party services to access www.greatindiagame.in (e.g., Internet Service Provider agreement; Mobile Carrier agreement; Email Account; Short [or Text] Message Service). The Player is solely accountable for any agreements and charges related to these third-party services. A Player should familiarise him or herself with the terms and conditions that govern any such services prior to using them to access www.greatindiagame.in .
11.2 – Downloadable Content
To access or use certain components of www.greatindiagame.in , it may be necessary for a Player to download software (for example, certain videos may require a flash player).
Certain third-party product providers may require the Player to accept and agree to additional terms and conditions governing the use of their products. It is the sole responsibility of the Player to determine whether he or she accepts and agrees to any such third-party terms and conditions, and if the Player does not accept and agree to them, such third-party products should not be used. NDL shall not be liable for any direct or indirect damage to or loss of data from a Player’s equipment that may arise from or as a result of the access or use of www.greatindiagame.in or any content, software or applications made available by or on behalf of NDL through www.greatindiagame.in . 11.3 – NDL’s Intellectual Property Rights
NDL is the owner or licensee of all of the copyright, trademarks and other intellectual property rights in, to and in respect of www.greatindiagame.in and the SGN System, including the content of the foregoing, the Games and any written communications that are sent to Players by or on behalf of NDL (collectively, “NDL IP Rights“). No Player shall be deemed to be granted or to receive any rights in or to any of the NDL IP Rights except to the extent specifically contemplated in, and subject to the terms and conditions of, this Agreement.
11.4 – Viruses, Hacking and Other Offences
The access or use of www.greatindiagame.in other than in accordance with the terms and conditions of this Agreement is strictly prohibited.
A Prospective Player or a Player shall not:
- knowingly or negligently introduce, or permit the introduction of, any virus, trojan, worm, logic bomb or other material that is or would reasonably be expected to be malicious or technologically harmful to www.greatindiagame.in , the SGNSGN System, any Game or any component of any of the foregoing;
- access or attempt to gain access to www.greatindiagame.in , the SGN System, any Game or any component of any of the foregoing that he or she is not entitled to access, including the servers on which www.greatindiagame.in , the SGN System or any Game is stored or any server, computer or database connected to www.greatindiagame.in , the SGN System or any Game. The foregoing restriction includes any attempt to bypass any security mechanisms included in www.greatindiagame.in , the SGN System or any Game, including those which are intended to protect the security of Players’ personal information; 3. use any software program which, in NDL’s sole determination, is endowed with artificial intelligence (i.e., robots) in connection with the Player’s participation in a Game;
- attack, whether alone or in combination with others, www.greatindiagame.in by means of a denial-of-service attack or a distributed denial-of-service attack;
- translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify or make any attempt to discover the source code of any software (or any part thereof) that is downloaded through or in connection with the access or use of www.greatindiagame.in ; 6. copy, disclose (including, for example, by posting on any social media, blog, message board or other public forum), transmit or otherwise make available, or remove or alter, any of the content or material that is made available on or through www.greatindiagame.in ; or
- remove, obscure or alter any notice of any NDL IP Right (including any designation of copyright or trademark) contained in any content or material that is made available on or through www.greatindiagame.in .
A failure to comply with this Section 11.4 will constitute a material breach of this Agreement by the Prospective Player or the Player. In the event that any action that is prohibited by this Section 11.4 occurs, NDL (in its sole discretion) may deem it to be an Error for the purposes of this Agreement, and, in addition to this Section 11.4, Section 12.1 shall also apply in respect thereof.
11.5 – Collusion, Cheating, Fraud and Criminal Activity
Each Player is prohibited from engaging in, and is required to immediately notify NDL upon becoming aware that another Player is or may be engaging in, any form of collusion, cheating, fraud or criminal activity or otherwise exploiting an unfair advantage involving any Game or other component of www.greatindiagame.in , including in connection with the registration of a Player Account, the deposit of funds with NDL to the credit of the balance of a Player Account or the withdrawal of Refundable Funds. For the purposes of this Agreement, as examples only:
- fraud includes the unauthorised use of a credit card as a source of funds to be deposited to the credit of a Player Account;
- criminal activity includes money laundering; and
- an unfair advantage includes the exploitation of a fault, loophole or error in any software that is used in connection with the operation of www.greatindiagame.in (including any Game) or the exploitation of any Error.
NDL will use reasonable efforts to detect and prevent any such collusion, cheating, fraud or criminal activity by Players or the taking of any unfair advantage by Players, but in the event, that any such activity occurs and another Player incurs any loss or damage, NDL will not be liable for any such loss or damage. NDL shall have the right to notify all third parties which NDL, in its sole discretion, determines to be appropriate in the event of any actual or suspected collusion, cheating, fraud or criminal activity by any Player or the taking of any unfair advantage by any Player, including the appropriate law enforcement authorities and other third parties that NDL determines to be appropriate (for example, police services, NDL’s payment processors, and game providers).
- Errors and Unavailability of www.greatindiagame.in
12.1 – NDL’s Errors
A number of circumstances may arise where a Game-related participation fee, play-submission, or purchase is accepted by NDL, or where NDL awards a Prize, credits a Player Account or processes a withdrawal, in each case in error (an “Error“). As examples only, Errors may include:
- where NDL misstates any Game Play Game Rules, Pay-to-Play Game Rules or Bonus Funds Terms, in each case as a result of an obvious error or omission in inputting the information, or as a result of a computer malfunction;
- where NDL credits a Player Account, thereby increasing the amount of Refundable Funds, as a result of a manual or computer input error; or
- where NDL deposits into a Player’s payment services account an amount that is greater than the amount of Refundable Funds in a Player Account.
NDL reserves the right to correct any Error in the manner that it deems appropriate in the circumstances, and NDL’s decision shall be final and binding. Reference is also made to Section 13.3. Neither NDL nor any of its employees, agents, or service providers shall be liable for any loss incurred by a Player that results from any Error, including any loss of winnings that results from a forfeiture thereof by the Player as a result of the Error. NDL shall use reasonable efforts to notify a Player if any Error has adversely impacted the Player, or if the correction of any Error adversely impacts the Player. In the event that NDL pays any money (i.e., by processing a withdrawal) to a Player as a result of an Error, the Player shall be deemed to hold such money in trust for NDL, and NDL shall have the right to recover such money through a correcting entry to the extent that funds are available in the Player’s Player Account and, if sufficient funds are not available, through a demand for payment to that person which the person shall immediately satisfy, to the extent of any deficiency, in accordance with NDL’s reasonable instructions.
If an Error results in a credit to a Player Account (the amount of such credit being “Error Funds“), any subsequent Game-related participation fee, play-submission, or purchase may be deemed by NDL to have been made using the Error Funds, and (i) NDL may cancel such participation fee, play-submission, or purchase, and (ii) if any Prize in respect thereof has been credited to the Player Account or otherwise paid or delivered to the Player, the Player shall be deemed to be holding the full amount of such Prize in trust for NDL, and (iii) upon NDL making a demand for the return of such Prize, the Player shall immediately return the Prize to NDL in accordance with NDL’s reasonable instructions. 12.2 – Unavailability of www.greatindiagame.in
NDL intends to make www.greatindiagame.in available on a 24-hour basis, 7 days a week. However, from time to time it will be necessary to limit or restrict access to all or parts of www.greatindiagame.in (“Downtime“), including for purposes of conducting software maintenance and upgrades, and addressing Errors and other issues as determined by NDL in its sole discretion. During a period of Downtime, some or all of the functionality of www.greatindiagame.in may not be available. As examples only, it may not be possible, from time to time, to:
- place participation fee, submit play or purchase on a game
- deposit funds with NDL for purposes of crediting the balance of a Player Account; 3. withdraw Refundable Funds;
- play Games; or
- check a Player’s transaction history.
NDL will use reasonable efforts to notify Players in advance of planned Downtime by posting notices at www.greatindiagame.in or through other appropriate means as determined by NDL in its discretion. However, it may not be possible to notify Players in advance of Downtime, including in circumstances beyond NDL’s control (for example, a power failure) or if the Downtime is determined to be necessary to address a potential or actual security threat or breach. Notwithstanding anything to the contrary contained in this Agreement, a Player shall not be entitled to any compensation arising from or as a result of any Downtime including, for example, if a Player is unable participate in a Game, submit-play, or withdraw Refundable Funds through www.greatindiagame.in or if Bonus Funds expire during the period of any Downtime.
- Breach of this Agreement by a Player
13.1 – Not a Material Breach
If a Player fails to comply with any term or condition of this Agreement or otherwise breaches this Agreement, except in the case of a material breach of this Agreement (actual or deemed), NDL will use reasonable efforts to notify the Player of the breach and, if such breach is of a nature that can be remedied, provide a reasonable period of time (as solely determined by NDL) during which the Player may remedy the breach. If the breach is not remedied to the satisfaction of NDL, then the breach shall be deemed to be a material breach of this Agreement.
13.2 – Material Breach
If a Player fails to comply with any term or condition of this Agreement and such breach is or is deemed by NDL to be a material breach for purposes of this Agreement, then in addition to the other rights and remedies of NDL specified in this Agreement, NDL may exercise any or all of the following remedies as NDL, in its sole discretion, determines to be appropriate in the circumstances, in each case without the
requirement for prior notification to the Prospective Player or the Player or any remedial period: 1. lock the Player Account until such time as the breach is remedied to NDL’s satisfaction; 2. request that the Player contact Player Support to explain the circumstances of the breach, or to provide such information and documentation relating thereto as NDL may request; 3. deactivate the Player Account and exclude the Player from participation in a Game, submitting-play, purchase, or playing Games on www.greatindiagame.in ;
- notify any third parties which www.greatindiagame.in , in its sole discretion, determines to be appropriate in the circumstances, including law enforcement authorities and other third parties (for example, police services, NDL’s payment processors, and games provider); or
- retain any or all of a Player’s Refundable Funds to the extent necessary to compensate NDL for its actual and/or potential losses and liabilities resulting from such breach.
13.3 – Disputes
Except as otherwise provided in the Game Play Game Rules or the Pay-to-Play Game Rules, no claim or dispute by a Player with regard to any participation fee, play-submission, or purchase of a Game, including the outcome of such Game, will be considered by NDL (i) in the case of an Event-Based Game Played Online, more than [90 Days] following the date on which the Game is completed, and (ii) in the case of a Pay-to-Play Game, more than [30 days] following the date on which the Game is completed. NDL’s records, as maintained in the SGN System will be the final authority in determining the circumstances of a Player’s participation in the relevant Game Play and Game and the results of such participation. In the event of a disagreement between the result that appears on a Player’s screen and the relevant Game and Game servers, the result that appears in the Game and Game servers will prevail. A Prospective Player or a Player who wishes to make a complaint about NDL or any aspect of www.greatindiagame.in may do so by contacting Player Support or otherwise contacting NDL in accordance with Section 15.1.
- Limitations of Liability
14.1 – NDL’s Liability
Except as otherwise provided in the applicable Game Play Game Rules or Pay-to-Play Game Rules, NDL’s maximum liability to a Player under this Agreement or otherwise in respect of the accessing or use of www.greatindiagame.in shall not exceed:
- the value of the participation fees, play-submission, or purchases placed by a Player via his or her Player Account in respect of the relevant fee, play, purchase or Game that gave rise to the relevant liability;
- the amount of applicable monies, where such monies have been improperly directed by NDL or misplaced by NDL; or
- an aggregate of INR 5,000 in respect of all other liabilities, including for liabilities resulting from or as a result of any negligent act or omission of or by NDL or any of NDL’s service providers, or anyone acting on behalf of NDL or any of NDL’s service providers.
14.2 – Exclusions from NDL’s Liability
Notwithstanding anything to the contrary contained in this Agreement, a Player shall not have the right to claim damages under or in connection with NDL or this Agreement or for breach of this Agreement by NDL, in tort, in contract or on any basis whatsoever to the extent that any loss claimed by the Player is: 1. for punitive, exemplary or aggravated damages;
- for loss of profits, loss of use, loss of production, loss of business or loss of business opportunity, including (but not limited to) loss of data, profits, revenue, goodwill, reputation or business interruption; 3. a claim for consequential loss or for indirect loss of any nature suffered or allegedly suffered by the Player; or
- not reasonably foreseeable by NDL arising out of this Agreement or the use of www.greatindiagame.in .
www.greatindiagame.in will be operated with reasonable skill and care substantially as described in this Agreement.
NDL does not make any other promise, representation or warranty regarding www.greatindiagame.in or any of the Game Play, Games or other products or services that are made available on or through www.greatindiagame.in , and except as specifically included in this Agreement, NDL hereby disclaims all warranties regarding the foregoing, whether express, implied or statutory, including all implied warranties in respect of the same.
Prospective Players and Players acknowledge and agree that, by accepting the terms and conditions of this Agreement, they do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding of any person, other than those of NDL which are included in (or expressly incorporated by reference into) this Agreement.
- Contacts
15.1 – Contacting NDL
A Prospective Player or Player may contact NDL’s Player Support at any time as follows: 2. by e-mail, support@capeapegames.net. NDL will endeavour to respond to e-mails within three (3) Business Days. If the e-mail address from which NDL receives a message does not correspond to the e-mail address that is included in the Player Contact Information that is associated with your Player Account, NDL will not provide any information relating to your Player Account when responding to your e-mail. In such circumstances, you may be requested or required to contact NDL by using real-time chat. 15.2 Contacting a Player
NDL, or anyone acting on behalf of NDL, shall be entitled to contact a Player with respect to any matter contemplated in this Agreement by using any of the Player Contact Details. NDL’s other communications with a Player will be subject to the terms and conditions of the Cookie Policy and the Privacy Policy. 16. General Provisions
16.1 – For purposes of this Agreement, unless otherwise stated:
- “day” means a day of the week commencing at 12:00:00 AM and ending at 11:59:59 PM; 2. “week” means the seven-day period commencing on Monday at 12:00:00 AM and ending on Sunday at 11:59:59 P.M.;
- “month” means a calendar month;
- all times are expressed in Indian Standard Time;
- all monetary amounts are references to lawful currency of India (i.e., Indian Rupees); and 6. “including” is deemed to mean “including without limitation” and shall not be deemed limited by the specific enumeration of items;
16.2 – This Agreement shall be governed by and construed in accordance with the laws of India. 16.3 – Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement is declared invalid, unenforceable or illegal by a court of competent
jurisdiction, such provision may be severed and such invalidity, unenforceability or illegality shall not prejudice or affect the validity, enforceability and legality of the remaining provisions of this Agreement.
Terms & Conditions Skill | Version 1.5 | Aug, 2024