A. Introduction
- These are the Terms and Conditions of Use (‘Terms’) that create a legal agreement between Sahaj Gaming and Edutainment Private Limited (referred to as the ‘Company,’ ‘Sahaj,’ ‘Us,’ ‘We,’ or ‘Our’) and any individual (‘You’/ ‘Your’/ ‘Yourself’/ ‘User’, ‘Their’) who accesses:some text
- Our website – www.1ludo.com (‘Website’) and the 1Ludo mobile application (‘App’), including any subdomains of the Website, related top-level domains like www.sahajgaming.com and www.sahajgaming.in, mobile sites, apps, APIs, widgets, owned and operated by Us (collectively referred to as ‘the Platform’); and/or
- any data, information, text, graphics, video, sound, pictures, and other materials appearing, sent, uploaded, communicated, transmitted, or otherwise made available via the Platform (collectively referred to as ‘the Content’) for participating in various contests and games hosted on the Platform (‘Services‘ / ‘Games’).
- Any User as described above is bound by these Terms, Our Privacy Policy (‘Privacy Policy’) available at https://www.1ludo.com/privacy-policy.html and which forms an integral part of these Terms, and all other rules, regulations, and terms of use provided/published by the Company in relation to any Company Services.
- This document is an electronic record under the Information Technology Act, 2000, and applicable statutes. It's generated by a computer system and doesn't require physical or digital signatures.
- By using or accessing the Company Platform and Company Services, You agree to be bound by these Terms and Our Privacy Policy . You acknowledge that We provide access to Our Platform and Services to You, subject to these Terms. You affirm that You've fully read and understood these Terms and the Privacy Policy, as amended from time to time. You agree to abide by the specific rules and regulations of each Game as applicable.
- We retain the right to amend, modify, update, terminate, supplement, or otherwise alter all or any of the Terms, Privacy Policy, rules, or regulations on the Platform at any time by publishing new Terms. Use of the Platform by You after any modification to the Terms, Privacy Policy, rules or regulations, constitutes Your acceptance of the Terms, Privacy Policy, rules or regulations as modified. You are advised to regularly visit the Platform to view the most current terms.
- We may, at Our sole discretion, notify Users of and require Users to consent to, any change or modification in these Terms, Privacy Policy, rules, regulations, and terms of use, via email or posting notifications in User accounts. Users may then indicate non-acceptance of the modified Terms, Privacy Policy, rules, regulations, and terms of use as prescribed in the email or notification. Failure to exercise these options within the specified time frame will deem Users to have accepted the modified Terms, Privacy Policy, rules, regulations, and terms of use.
- If Users do not accept the modified Terms, Privacy Policy, rules, regulations, and terms of use, We reserve the right to deny access to the Platform and Services. Non-acceptance of the modified Privacy Policy may result in denial of access to the Platform and Services to the extent such modified terms are required for access.
- Participation in Games or contests on the Company Platform may be subject to additional terms and conditions notified by Us on the Website or elsewhere. Ensure You've read, understood, and agreed to abide by the rules and regulations of Games, contests, and tournaments available through the Company Platform.
- We may, at Our sole and absolute discretion:
- Move or remove any User-posted Content on the Platform.
- Establish general practices and limits for Platform use and modify them at Our discretion, notifying Users as necessary.
- Assign Our rights and liabilities to all User accounts to any entity (with prior intimation sent to all Users' registered email addresses).
- Using information on our Platform, including results, statistics, and news, is at Your own risk. Except as expressly stated in these Terms and to the extent required by law, We make no warranties regarding the accuracy or reliability of the information on Our Platform or in Our publications (including any Content or information generated on Our Platform by or on Our behalf and any third-party content on Our Platform). We and Our related entities, directors, officers, and agents disclaim all liability and responsibility for any direct or indirect loss or damage that may result from relying on anything in or omitted from Our Platform or publications.
- You agree to Us processing Your personal data and information in accordance with the terms of the Privacy Policy.
B. Description of Offered Services
- As long as Users comply with these Terms, Company grants Users a personal, royalty-free, non-assignable, non-sublicensable, non-transferable, non-exclusive, and revocable limited right to access and use the Platform as part of the Services. This right is solely for Users' personal private use to play skill-based Games hosted on the Platform, as outlined in these Terms and not for commercial purposes. This access is valid in India until Users are bound by these Terms.
- Services may change or be modified without prior notice or communication. Company reserves the right to change, modify, or delete the Platform, Services, information, and Terms at any time without prior notice.
- Services may include advertisements, which may be tailored to Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Company on the Services may change.
- When accessing Games within the Services, Users must comply with the specific rules, scoring, controls, and guidelines provided within each Game/in respect of each Game.
- Any charges incurred by Users for accessing the Services, such as internet connection or mobile data charges, are solely the responsibility and liability of Users.
C. User Registration
- To access the Games or otherwise fully utilise the Company's Platform, Users must register on the Platform. Access to Games on our Platform is only granted after You've been provided an Account (defined below).
- If You want to become a registered User, You'll need to create an account (‘Account’) on Our Platform. Each User is allowed to open only one Account. Company may terminate or suspend duplicate accounts.
- To apply for an Account, Company may require You to register by completing a form and providing specific details (listed below), following the Platform's instructions:
- Full Name
- E-mail address
- Password
- State of Residence
- Date of Birth
- Mobile Number
- Bank Account Number
- Permanent Account Number Card (PAN Card)
- Government issued Identity Documents (for know your customer checks)
To the extent such functionality is offered on the Platform, You can also register for the creation of an Account on the Platform and thereafter log in to such Account using your accounts with Google, Facebook, or Apple, or your personal email address or your phone number. You may be required to provide your mobile number for verification purposes and verify it using a one-time passcode (OTP) sent to Your mobile number. Permission to create an Account is determined by the Company or its representatives at their sole discretion. We may refuse an Account application without providing a reason for such refusal. You acknowledge that the Company's decision in this regard is final. Additional identity verification procedures may be required to verify the identity of Users. Further, in respect of Users’ participation in the pay-to-play version of Our Games, additional identity verification procedures may be required to help Our payment service providers corroborate the results of their know-your-customer verification checks with Our Users' identity (collectively ‘KYC’ checks). In this regard, you understand and consent to such KYC checks, agreeing to provide Your personal information and documents as required for these checks.
D. Eligibility
- To access and/or use Our Platform and create an Account, You must be at least 18 years old and resident in India. By agreeing to these Terms, You confirm that: (a) You're at least 18 years old; (b) You haven't been suspended or blocked from using the Platform before; and (c) Your registration and use of the Platform comply with all applicable laws and regulations. You must not reside in any Restricted Territories (as defined below) to participate in Pay-to-Play Platform Games. We may request proof of identity at any time to ensure minors don't use the Platform, and We may deny access to those who don't provide proof or whom We suspect are under 18. Parents and guardians should supervise their children’s online activities and consider using parental control tools.
- You agree to provide accurate and complete information during registration and keep it updated. You confirm that all information you provide is truthful, current, and complete.
E. Account Creation and Platform Use
- Once we allow the creation of Your Account, You can play the Game(s) hosted by Us. We can terminate your Account for any reason we see fit.
- Throughout Your use of Our Platform, You must not allow others to access your Account. You also agree not to use another User's Account.
- Operating multiple accounts is prohibited. If we discover a User operating multiple accounts, we may restrict, ban, suspend, or terminate those Accounts at Our discretion without notice and ban the User from Our Platform/accessing Our Services.
- Subject to applicable law, any cash or credit balances in such Accounts may be consolidated into the Account with the highest balance or forfeited at Our sole discretion, depending on whether these Accounts are aliases or associated with potential fraud.
- You may need to verify any credit card or bank account used for deposits and withdrawals to ensure compliance with regulations.
- If you're erroneously credited excess funds, You forfeit the excess amount, which will be debited from your Account.
- When Company conducts User identity checks, it doesn't imply a statutory requirement but serves to reduce financial crimes like online fraud, money laundering, or terrorism financing. You're responsible for completing 'know your customer' checks with Your banks, financial institutions, card associations, and payment system providers. By accepting these terms, You consent to the Company disclosing your personal information to a third-party agency to verify Your identity, which may use Your data for this purpose. Refer to our Privacy Policy for details.
- You acknowledge that participating in any Game(s) on the Platform is voluntary and at Your sole discretion and risk.
F. Social Features
- The Company may offer social interactive features for Users to connect with other Users on the Platform.
- You can create a social profile with a photo or graphics (avatars) and choose a name to identify Your profile. You can make your profile publicly searchable or keep it private.
- By using these features, You grant us permissions and licences to provide social interactive features on Our Platform. We don't claim ownership of Your content but have the right to use it in various ways. The Company acts as a platform for skill-based games.
- We may conduct surveys or polls regarding Your experience with these features, but Your participation is voluntary, and individual answers won't be published.
- We provide services on Our Platform 'as is.' You're solely responsible for Your actions and content on Our Platform. The Company isn't responsible for Your actions, conduct, or content uploaded by You, and We may take down content or profiles with objectionable content without notice.
- You understand and accept that by viewing or using the Platform or playing the Game, or using communication features on the Platform, You may be exposed to content posted by other Users which You may find offensive, objectionable or indecent. You may bring such content posted by other Users to Our notice that You may find offensive, objectionable or indecent and We reserve the right to act upon it as We may deem fit. The decision taken by Us in this regard shall be final and binding on You.
G. Skill Based games played on the Platform do not qualify as Gambling and Lottery
- Only skill-based games are hosted on the Platform.
- You agree that Games on the Platform are skill-based, and your success depends on your effort, performance, and skill. The Supreme Court of India recognizes the right to play skill-based games as constitutionally protected.
- You represent that You have the experience and the requisite skills required to participate in the Games and that You are not aware of any physical or mental condition that would impair Your capability to fully participate in the Games. You further acknowledge that You are solely responsible for any consequence resulting from Your participation in the Games or being associated with the Games or around the Games. You understand that the Company assumes no liability or responsibility for any financial loss that You may sustain as a result of participation in the Games.
H. Restricted Territory
- According to applicable laws, individuals residing in certain Indian states including but not limited to Andhra Pradesh, Assam, Meghalaya, Nagaland, Odisha, Telangana, and Sikkim and outside India can't participate in paid versions of the Game(s). Access to the paid version of the Games on the Platform is restricted for Users from these states. Free-to-play Game(s) can still be accessed in these territories subject to applicable law.
- Users in these Indian states or outside India can't play with real money or deposit funds to play Games on the Platform. We verify User location through technologies like IP addresses and geographical location. The Company reserves the right to delete/remove such Accounts without notice.
- Users understand that if a person residing in these Indian states which prohibit participation in the Games, creates an Account with false information, they're solely liable, and the Company can delete/remove the Account without notice, and such Users won't have the right to redeem or demand the Account balance.
- In the event You indicate while entering an address, or We reasonably determine that You are a resident of a territory which prohibits participation in a Game or that Your bank account is linked to a bank located in such a territory, You will not be permitted to proceed to participate in such Game.The Company isn't responsible for Users' violation of applicable state laws, and penalties may be imposed by state or central governments.
- All Indian state Users must ensure compliance with applicable state laws. Our decision in this matter is final, and no consideration will be given to Users.
I. Security
- Your Account access, as well as the ability to add, remove, or modify Content, is safeguarded by passwords/OTPs. We are not responsible for any losses or damages You may incur due to password/OTP transmission failures caused by mobile service network issues or circumstances beyond Our control.
- You agree not to share Your password/OTP or allow others to use Your Account. We are not responsible if someone else accesses Your Account with Your password. You are solely responsible for all activities on the Platform using Your Account.
- It's Your responsibility to safeguard the information You provide on the Platform, including usernames, passwords, email addresses, contact details, bank account information, etc. We won't be liable for any harm or loss resulting from information You provide to others that exposes your Platform Account or is misused.
- Unless Company or its employees engage in fraud, Company is not liable for authorised transactions executed through the Platform, including transactions resulting from:some text
- Fraud by any User using their access credentials before reporting the loss or theft of such credentials to the Company.
- Fraud committed by third parties against Users beyond the Platform's security systems' control.
- Voluntary actions or transactions initiated by Users, not by Company, for transferring funds, credit, or stored value to another User.
- The security, accuracy, legality, or appropriateness of third-party products or services on Our Platform.
- The underlying transactions involving funds between You and payment aggregators/ any other payment service providers.
- Regularly check Your Account Balance to ensure no unauthorised use of Your Account. If you suspect unauthorised activity, change Your password and contact Our Grievance Officer at hello@sahajgaming.com immediately.
- Also, inform Us promptly if Your mobile or computer device, through which You access the Platform, is lost, stolen, compromised, or used without authorization.
- Only transact with third-party products or services You know.
- Please note that We may terminate or suspend Your Account, implement fraud prevention measures, such as access restrictions or transaction velocity restrictions, without prior notice to prevent unauthorised Platform use. You must cooperate in any investigation and follow prescribed fraud prevention measures. You agree that we won't be liable for any actions taken to protect the Platform.
- You're informed that information related to fraudulent transactions may be shared with the Government of India or its agencies, as needed, for identity verification, prevention, detection, investigation, prosecution, and punishment.
J. User Conduct
- Your primary responsibility is to enjoy the Games We offer within Your comfort zone. We also offer free Games. Your safety and well-being are important, so please monitor Your time and spending on skill games. Consider all games from Sahaj as entertainment.
- When using Our Platform, You agree not to:some text
- Use any automated means to access or scrape our Platform without Our prior written consent.
- Interfere with the proper functioning of our Platform.
- Take actions that unreasonably burden Our infrastructure or create excessive traffic.
- Use or index Content or data for competition with Us without specific authorization.
- Transmit spam, chain letters, games, junk email, surveys, or mass messages.
- Use our Platform in ways We consider unreasonable or inappropriate.
- Violate anyone's rights, including copyright, trade secrets, privacy, or intellectual property rights.
- Impersonate others, solicit money, passwords, or personal information.
- Act against Our Platform's Terms.
- Reproduce, modify, adapt, or exploit Our Platform or Content, except as authorised by Us in writing.
- Transmit computer viruses or other destructive items.
- If You submit content on the Platform, You warrant that Your content contribution won't:some text
- Be unlawful, threatening, abusive, hateful, libellous, false, discriminatory, defamatory, obscene, vulgar, offensive, violent, invasive of privacy, pornographic, or indecent.
- Advocate criminal conduct or violate any law.
- Contain false or misleading information.
- Infringe on intellectual property rights or other rights of any person.
- Promote commercial activities or false information.
- Harass or harm others.
- Exploit or endanger minors.
- Impersonate or mislead regarding Your identity.
- Threaten national unity, security, public order, or insult any nation.
- Contain content that is otherwise objectionable or undesirable (whether or not unlawful).
- Promote a competing service or product.
- In addition to complying with applicable laws, You must follow any other rules and restrictions set forth in these Terms or on the Platform. Company is not responsible for User-contributed content on the Platform.
- Users acknowledge that they may encounter offensive or objectionable content from other Users, and We may not be able to prevent such content. Report such content, and Our management will take appropriate action, which will be final and binding.
- We reserve the right to prevent unauthorised Platform access, including technological barriers or reporting Your conduct to relevant authorities. If We have reasonable grounds to believe You're engaging in prohibited acts, We may take legal action, notify authorities, or restrict/suspend/terminate Your Platform use.
- You cannot buy, sell, assign, trade, rent, loan, lease, licence, grant a security interest, or transfer Your User Account or its attributes. You agree to cooperate with any fraud prevention measures We prescribe, and We won't be liable for any actions taken to protect the Platform.
- Users must follow these Terms and other Platform rules and regulations. The Company may take necessary action if You don't comply, including restricting, suspending, or terminating your access. We may change your username if it's obscene or offensive.
- Unauthorised Platform access is a breach of these Terms and the law. Use only the provided interface to access the Platform and don't use automated means without Our approval. We can comply with government, court, and law enforcement requests related to Your Platform use.
- You shall not add unauthorised components, create or use cheats, exploits, bots, hacks or any other third-party software designed to modify the Platform or use any third-party software that intercepts, mines or otherwise collects information from or through the Platform or through the Games. Any attempt to employ any such external assistance is strictly prohibited.
- You are prohibited from using the Platform for any purpose that may be construed as money laundering or circumvention of applicable law/regulations.
- You agree to receive all communication from Us by marking e-mails from Us to Your “safe sender” list. You agree that We shall not be held liable if any e-mail from Us remains unread by You as a result of such email getting delivered to Your junk or spam folder.
K. Payment Terms
- All Payments to and from wallet shall be in Indian Rupees only.
- All payment/deposit by User to the wallet will be interest free.
- When You play pay-to-play Games and contests on the Platform, You agree to follow these payment terms. These terms apply to Your participation in any pay-to-play Game, and You'll need to pay a certain amount called the "Contribution or entry fee." This Contribution includes two parts:some text
- Predetermined Entry Fee: This is a fee You pay for accessing the Platform.
- Prize Money Pool Contribution: When You play a game or contest, You'll contribute to the prize money pool. The Company sets this amount, and it goes to the winners according to the Game's terms and conditions.
- The Company can refuse access to its Platform and Services to any User at its discretion. If this happens, You won't be able to play any games on the Platform.
- When You participate in games on the Platform, You allow the Company's designated third-party escrow account to collect and manage Your funds. This account acts as Your payment collection agent, and the Company will convey Your payment instructions to the agent.
- It's important to note that the Company doesn't have any ownership or interest in the Prize Money Pool. We only act as intermediaries responsible for collecting and distributing the Prize Money Pool based on the Game's rules.
- For all transactions on the Platform, including payments for Game participation, You agree to these payment terms:some text
- All collected amounts from Users are held in separate bank accounts .
- Escrow Agent manages these accounts according to the Escrow Terms.
- Funds from these accounts can be used for payouts to Users (for withdrawals), GST Payments, TDS Payments, payment gateway charges if any and for Platform Fees.
- Company receives its Platform Fees through the Escrow Agent and doesn't control User funds in the bank account.
- The Platform Fee varies from game to game and depends on factors like the number of Users and eligibility criteria.
- Users may have to contribute a pre-specified amount to the Prize Money Pool of a Game. This contribution comes from the User's Account balance withSahaj.
- Withdrawal requests will be placed by the user on the platform and upon successful verification of the account by Us, you may be allowed to withdraw. Minimum and Maximum value for withdrawal in a day will be defined by Us, and the user might have to pay a nominal processing fee charged by payment gateways.
- Any amount remaining unused in the user’s account on the deactivation or deletion shall be transferred to the user's bank account registered with Sahaj, subject to processing fee applicable on such transfer. If the user has not verified their account and not provided the requisite bank details for withdrawal, the amount shall be forfeited by Sahaj with no further notice.
- The Platform offers different types of accounts for processing payments:some text
- Play Money: This is the money You contribute through the payment gateway. You can use this money as the entry fee for any game. You can only withdraw from the winnings wallet after completing the KYC process.
- Cashbacks: These are discounts provided by the Company, and they cannot be withdrawn.
- Prize Money/Winnings: This includes cash winnings You receive by winning games. You can withdraw it after applicable tax deductions on winnings as per income tax rules as applicable.
- Bonus: Bonus Money is a discount scheme, and it can only be used to reduce the Platform Fee as an instant discount. It can't be withdrawn.
- The Company may offer various Discount Schemes to Users from time to time.some text
- These can include Bonus, Cashbacks, and other promotions. Details of these Schemes will be communicated to Users before they are used. Users must fulfil the specified conditions to avail of these Schemes.
- Discount Schemes have no intrinsic value and can't be withdrawn. They are used to calculate GST on taxable services provided by the Company.
- If there's any remaining amount to be paid for Your Game participation, it will be processed through a designated payment gateway. Any excess amount will be transferred to your Account for future use or withdrawal.
- If your Winnings are double credited to Your Account, Sahaj has the right to reclaim the extra amount and freeze Your account until the issue is resolved.
- Debits for game participation will be based on the date when money was credited to Your Play Money account, with the earlier credits debited first.
- To request a withdrawal from Your Play Money, You must complete identity verification and provide Your bank account details. The Company will transfer the amount to Your bank account within a reasonable time.
- Winners will be contacted and may need to complete a verification process. This includes verifying email and phone numbers and providing documents as may be specified by Us which may include but not be limited to PAN card and bank account details.
- If the Company has not contacted a declared winner, the User should reach out within the specified time on the Platform.
- TDS (Tax Deducted at Source) is applicable to Net Winnings. TDS will be deducted during withdrawal as per Indian tax laws as applicable from time to time.
- The Company may withdraw or cancel contests without notice. In such cases, Contribution money will be refunded.
- If there are any issues with funds not being added to Your Account after a transaction, inform the Company within 24 hours. The Company will investigate and refund if necessary.
- The Company's decision regarding prizes is final. The Company does not guarantee the quality or suitability of prizes and are not liable for them.
- Winners are responsible for transaction charges for cash prize delivery.
- All prizes are non-transferable.
L. Preventing Collusion and Fraud
- Our commitment to ensuring fair play on Our Platform is unwavering.
- Our compliance team diligently monitors the gameplay of all Users, and We take strict action against any User(s) found colluding. By accepting these Terms, You pledge not to engage in any unfair gaming practices that might give You or others an unfair advantage.
- If any User is discovered engaging in such activities on the Platform, the Company, at its sole discretion, reserves the right to suspend or terminate Their Account. In severe cases, We may permanently block the User's account, and any deposited amounts will be forfeited. We may also impose monetary penalties on Users involved in these practices.
- We retain the right to take appropriate action against Users found using unfair means, which may include monetary penalties, temporary account suspension, redemption blocking, or permanent account deactivation. Users violating these Terms may face legal prosecution.
- Depositing and withdrawing funds without participating in Games or making reasonable Game plays is a violation of Our fair play deposit and withdrawal policy. Further, please note that all forms of money laundering is strictly prohibited on our Platform. Users found engaging in such actions may face penalties.
- Any User found to be engaging in fraudulent practices, may face legal action from the Company, including the confiscation of their Account Balance and Account locking.
- The Company reserves the right to permanently block the Account and forfeit the funds (including pending withdrawals) of Users engaged in malicious activity or unfair gameplay. If You suspect collusion or unfair practices by any User, please contact Us at hello@sahajgaming.com.
- By using the Platform, including its subdomains, related top-level domains, mobile sites, apps, APIs, and widgets, and by registering with Us, You authorise Us or Our representatives to contact You via email, phone calls, SMS, or third-party messaging apps. This contact may include providing information about Our services, product knowledge, and promotional offers on the Platform and those offered by third parties. We may collect personally identifiable information for these purposes. Even if You are registered under DND (Do Not Disturb) or DNC (Do Not Call) or NCPR (National Customer Preference Register) services, You still authorise Us to contact You using the mentioned methods for the stated purposes or any related purposes as long as You are registered with Us or, even after You cease registration unless You specifically notify Us in writing of Your desire to not be contacted post cessation of Your registration.
M. Intellectual Property
- The Platform consists of various content created by the Company, its partners, affiliates, licensors, associates, and Users. The intellectual property rights (Intellectual Property Rights) for all the software underlying the Company and the Platform, as well as the materials published on the Platform, including Games, game software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings, and flash animations, are owned by the Company, its affiliates, partners, licensors, and/or associates.
- Users are not permitted to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, publicly perform, publicly display, or exploit any materials or content on the Platform, either in whole or in part, without the express written consent of the Company. These Terms do not convey any ownership, interest, or rights in the intellectual property of the materials or content on the Platform to Users.
- Users can request permission to use any Content by contacting Our helpdesk at hello@sahajgaming.com.
- Users are solely responsible for all materials they upload, post, email, transmit, or make available on the Platform (User Content). Users confirm that they own all Intellectual Property Rights in their User Content and that it does not infringe on any third-party rights. Users also agree not to use or display the names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights of any third party on the Platform.
- Users agree to indemnify and hold the Company, its directors, officers, employees, affiliates, and assigns harmless from any costs, damages, losses, or harm, including litigation costs and counsel fees, arising from third-party claims, including claims related to the infringement of Intellectual Property Rights resulting from inter alia the display or use of third-party names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights on the Platform by the User.
- We reserve the right to take exclusive control of any matter subject to indemnification by You, in which case You agree to assist and cooperate with the Company in asserting any available defences.
- Users grant the Company and its affiliates, partners, licensors, and associates a worldwide, irrevocable, perpetual, royalty-free, non-exclusive, sub-licensable licence to use, store, reproduce, create derivative works from, distribute, publicly perform, publicly display, transfer, transmit, and/or publish User Content, including for the following purposes:
- Displaying User Content on the Platform.
- Distributing User Content, electronically or through other media, to other Users seeking to download or acquire it.
- This licence applies to the distribution and storage of User Content in any form, medium, or technology.
- This licence will not lapse due to non-use by the Company under any provision of the Copyright Act, 1957, or any other law.
- You also understand that You do not obtain any rights, legal or equitable, in any material incorporating Your content. You further agree and acknowledge that Sahaj has the right to use in any manner whatsoever, all communication or feedback provided by You.
- All names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights on the Platform belonging to any person, entity, or third party are recognized as the property of their respective owners. Any claims, controversies, or issues related to these names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights must be addressed directly to the respective parties with notice to the Company.
N. Testimonial Terms
- The Company may capture and acquire visual and/or audio recordings or performances, still images of the User, and text provided by the User for the testimonial they're sharing on the Platform (referred to as the Recordings). These Recordings, voluntarily provided by the User, are owned exclusively by the Company, including all elements such as copyrights. Without altering the above, the User grants the Company an everlasting, royalty-free licence to publicly utilise, distribute, reproduce, create derivative works from, and display the User's name, voice, likeness, appearance, biographical information, and other aspects of Their identity included in the Recordings, as well as any excerpts or versions thereof, for marketing purposes in any language and without geographical restrictions. The Company may combine the recordings with other content (e.g., quotes, photos, videos, artwork, materials, etc.) to promote their Platform and Services. The User also relinquishes any right to review or approve the final content derived from the Recordings, whether the User is aware of such use or not.
- The Company is under no obligation to use the Recordings and in the event of any such use, it may use it as the Company sees fit. The User will not seek to prevent or hinder the Company's use of the Recordings in accordance with this Release.
O. Third Party Sites, Services and Products
- The Platform may include links to other websites on the Internet operated by third parties. Your use of these sites is subject to any conditions posted by those third-party sites. The Company has no control over these external websites beyond its own, and cannot be held responsible for the content found on any third-party website. The inclusion of third-party content or links to third-party websites on the Platform does not constitute an endorsement by the Company of those third-party websites.
- Your interactions, transactions, or dealings with third parties, including payment providers and verification service providers, are solely between You and the respective third party. Your interactions and use of services/offers provided by these third parties are subject to the terms, policies, and service conditions established by these third parties, and it is Your responsibility to review them before engaging in transactions or using the services/offers of these third parties. You agree that the Company is not responsible or liable for any losses or damages resulting from such interactions or transactions with third parties. Any questions, complaints, or claims related to third-party products or services should be directed to the relevant vendor.
- The Platform contains content created by the Company as well as content provided by third parties. The Company does not guarantee the accuracy, integrity, or quality of content provided by third parties, and Users should not rely on such content when using the Services on the Platform, including participating in any hosted games.
P. Privacy
- By using the Platform and providing Your personal information to the Platform, You actively consent to and agree to comply with Our Privacy Policy, guidelines, and statements that may apply from time to time. These are integrated into and form an integral part of these Terms. If You disagree with the terms of the Privacy Policy in full or have objections to the use of Your information, You may choose not to access or use the Platform or its Services.
Q. Disconnection and Technical Issues
- You acknowledge that once a game has started, the inability to participate due to slow internet connections, faulty hardware, technical problems with our hardware, internet disconnections, low computer specifications, or any other reasons not attributable to Us does not entitle You to a refund of any Entry fee You may have paid.
- In the event of technical failures, server crashes, breakdowns, software defects, service disruptions, or malfunctions at Our end, we will cancel the Game(s) as a policy and refund the Entry Fee (if any) after proper verification. NoPlatform Fee will be charged for such cancelled games. You accept that we are not responsible to You in such cases. We reserve the right to cancel and refund the Entry Fee for any Game. Except in the case of a server crash, We are not responsible for any User disconnections from the server. We also bear no liability for potential winnings from any incomplete Game.
- We hold no responsibility for disconnections, lag, freezing, or network interference on the User's computer or any other external networks.
R. Enforceability
- By registering, You are acknowledging that You accept and comprehend all the Terms outlined herein, along with the specific rules and regulations for each Game. We advise You to maintain records of all Your transactions, gaming rules, cancellation policies, and payment procedures. Our failure or delay in taking action or exercising any rights or remedies in response to a breach of these Terms by you does not imply a waiver of our rights with regard to any prior, concurrent, subsequent, or similar breaches.
- If any judicial or quasi-judicial body in India declares any provision of these Terms unlawful, invalid, void, or unenforceable for any reason, the remaining provisions' validity and enforceability will remain unaffected. Any such inappropriate term or condition will be replaced by another term or condition that is valid and enforceable, closely aligned with the original invalid term. In such circumstances, the parties will work to interpret the void, illegal, or unenforceable provision in a manner that aligns as closely as possible with the Company's intent and objective in the void, illegal, or unenforceable provisions.
S. Disclaimer of Warranties
- The Company disclaims all warranties, whether expressed or implied, in connection with the underlying software of the Platform and the Game(s). These are provided to the User as-is.
- You acknowledge that Your use of the Services and access to the Platform is at Your own risk. The Services, including the Platform, the Content, the Games, and any other materials provided through the Platform, are provided "AS IS." To the fullest extent permitted by law, they are provided without warranties of any kind, whether express or implied. Without limiting the foregoing, the Company does not guarantee fitness for a specific purpose, title, merchantability, completeness, availability, security, compatibility, or non-infringement. There's no assurance that the Services will be uninterrupted, free from viruses, malware, or other harmful components, accurate, error-free, or reliable.
- No one affiliated with the Platform has the authority to extend such warranties.
- To the maximum extent permitted by applicable law, We shall have no liability for any damages or injury caused, in whole or in part, by contingencies or issues beyond Our reasonable control, including, but not limited to: acts of third parties, errors in the Content or the Platform, network failures, internet failures, software and hardware failures, viruses and other system attacks, labour stoppages, riots, acts of government or god, natural disasters, acts of terrorism, communication line failure, or theft, destruction of, unauthorised access to, alteration of, or use of records.
- To the maximum extent permitted by applicable law, You agree that any claim or cause of action arising out of or related to these Terms, the Platform, or any part thereof, must be asserted within one (1) year after such claim or cause of action arose, or it shall be forever barred.
- You understand and acknowledge that the Company does not guarantee uninterrupted access to your Account. It is possible that You may be unable to access Your Account or the Platform provided by the Company at times or for extended periods due to system maintenance and updates.
- Participation in the Games hosted by the Company may result in financial loss, and You voluntarily assume all responsibility and risk associated with such participation, including financial loss. The Company makes no guarantees, warranties, representations, or other promises regarding the game(s) and assumes no liability for any financial loss resulting from participation in the game(s).
- You are solely responsible for any delay or damage to Your computer systems or loss of data resulting from the installation of any software on Your computer, and We disclaim liability for any such failures or delays.
- You agree to assume the entire risk regarding the results and performance of any software and/or Game(s) You access on the Platform. Performance depends on Your internet connection and hardware. You also assume the entire cost of servicing, repairing, and/or correcting Your hardware when You access, download, or run software or game(s) available on the Platform. We explicitly disclaim liability for any delays or failures resulting from the installation of any software on Your computer.
- You acknowledge that we are not liable for: (i) the defamatory, offensive, or illegal conduct of any other User or misleading, inaccurate, defamatory, threatening, obscene, or otherwise illegal content, whether originating from another User or elsewhere; (ii) any loss arising from the use, misuse, or abuse of Your Account on Our Platform; (iii) any loss incurred in transmitting information to Our Platform via the Internet or other connecting media; (iv) any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data, communication line failure, or other technological issues arising from Your access to or use of Our Platform; (v) the accuracy, completeness, or currency of information or statistics on the Platform.
T. Indemnification and Limitation of Liability
- You understand and agree that under no circumstances, including in contract, negligence, or other tort, will the Company be liable for any direct, indirect, ancillary, special, incidental, consequential, exemplary, or punitive damages. This includes, but is not limited to, injury, claims, loss of data, income, profit, opportunity, or property, monetary loss, goodwill, use, data, or other intangible losses, even if the Company has been advised of the possibility of such damages, resulting from or arising out of the use of or inability to use the Platform, even if We were aware of the possibility of such damages or loss or if such loss was foreseeable.
- You agree to indemnify Us, Our partners, Users, shareholders, directors, officers, employees, agents, representatives, vendors, and business partners, and hold them harmless from any and all claims, liabilities, obligations, losses, costs, debts, damages, and expenses (including attorney fees and court costs) arising from or related to:
- Breach of these Terms, whether in tort (including negligence), third-party claims or liabilities arising from such a breach, based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, regardless of whether a claim arises during or after the termination of these Terms.
- Your use of the Platform in a manner contrary to applicable laws, with the intent to deceive, defraud, cheat, mislead, or solicit any business, monetary or non-monetary consideration or information from another User.
- Your violation of any applicable laws or governmental or judicial orders pertaining to your use of the Platform in a specific geographic location.
- Your use of the Platform, including Your posting, modification, or interaction with any content on the Platform.
- Any unauthorised, improper, illegal, or wrongful use of Your Account by any person, including a third party, with or without Your authorization.
- Your User Content.
- Use of the Platform by any other person using Your username or password, with or without Your authorization.
- Any income tax demand (including, but not limited to, tax, interest, penalty, withholding tax, or any other amount payable under the Indian Income-tax Act, 1961) arising due to Your misrepresentation or non-compliance with the terms and conditions. You agree that any such income tax demand paid or payable by Us in this regard will be recovered from your Play Money and Winnings.
- This indemnification obligation will continue to apply even after these Terms expire or are terminated, and after you cease using the Platform.
U. Termination
- We reserve the right to modify, suspend, or terminate any part of the Platform at any time, including specific features, databases, or Content availability. We may also place restrictions on certain features or services, or limit Your access to parts of the Platform without prior notice or liability. This decision is solely at Our discretion and without prejudice to any legal remedies available to Us. Such actions may be taken for any reason or purpose, particularly when there is conduct that We believe violates these Terms or other posted rules, regulations, or guidelines on the Platform. This includes actions We deem harmful to other Users, our businesses, or other information providers.
- Upon termination of these Terms, You must immediately cease using and accessing the Platform and delete all materials obtained from it. You acknowledge and consent to the above, agreeing that We can exercise Our discretion in any of these actions. You further agree and acknowledge that We shall not be liable in any manner for these actions.
- You understand that Your representations, warranties, indemnities, liability limitations, licence grants, governing law and jurisdiction, and confidentiality clauses will continue to apply even after the termination of these Terms.
V. Agreements with Escrow Agent, as applicable.
- The Company may enter separate agreements with Agents to regulate their contractual obligations in connection with these Terms. These agreements will be determined at the sole discretion of the Company and do not confer beneficiary status to Users. Users have no contractual relationship with the Company and Agents in connection with such agreements.
W. Publicity
- Acceptance of a prize by the winning User (‘Winner’) grants Company and its affiliates permission to use the Winner's name, likeness, voice, and comments for advertising and promotional purposes worldwide without further permissions, consents, or additional compensation.
X. Dispute Resolution
- If You have any grievances regarding the Platform or the Services, You can contact the Grievance Officer:
Grievance Officer: Chandhini Jain
Email: hello@sahajgaming.com
We reserve the right to change the Grievance Officer without notice. Disputes can be escalated to our management team through the Grievance Officer.
- Subject to the clauses below, the courts in Bengaluru, Karnataka have exclusive jurisdiction to resolve disputes arising from or related to the Platform provided by the Company. This includes disputes about the games, the interpretation and enforceability of these Terms, or the rights and obligations of Users. These matters will be governed by Indian law.
- In case of a legal dispute, the party initiating the dispute will provide written notification to the other party. The parties will attempt to resolve the dispute through discussions. If the dispute is not resolved within fifteen (15) days of notification, it will be settled through arbitration.
- Arbitration will take place in Bengaluru, Karnataka, and will be conducted in English in accordance with the Arbitration and Conciliation Act, 1996. The parties will mutually select a sole arbitrator.
- The arbitration award will be final and binding, with each party bearing its own arbitration costs unless the arbitral tribunal decides otherwise. The arbitrator may issue interim orders and awards, including orders for specific performance, enforceable in Bengaluru courts, and will provide a reasoned award.
- Nothing in these Terms will prevent the Company from seeking interim or permanent equitable or injunctive relief or any other relief available to protect its interests. This includes actions taken before, during, or after arbitration proceedings, in accordance with the law.
Y. User Balances
- You consent to transferring your gameplay money balance(s) to a single nodal account supervised by a third party, Agent, or external escrow agent appointed by the Company as per the escrow terms and conditions as applicable from time to time.
- If your User Account remains inactive for [12 (twelve)] months, we will transfer Your gameplay money balances to a Reserve Account. You may claim these balances from the Reserve Account, subject to additional KYC and user identification requirements. We will notify you of this transfer 45 (forty-five) days before the Play Money amount expires, via SMS, email, or call. If you do not use the Services, utilise the gameplay money balances, or request a refund during this notice period, You consent to the transfer of the balance. In the event you do not claim the transferred amount from the Reserve Account for three years post the date of the transfer, we may transfer the same to Our operational account and use the same for Our operational expenses as per applicable law.
By agreeing to these Terms, you accept (i) these terms, (ii) the Privacy Policy, and (iii) any other policies or terms provided by the Company.
Z. Refund Policy
- The Company may withdraw or cancel contests without notice. In such cases, Contribution money will be refunded.
- If there are any issues with funds not being added to Your Account after a transaction debited from your bank account, User should inform the Company within 24 hours. The Company will investigate and refund if necessary.
- You acknowledge that once a game has started, the inability to participate due to slow internet connections, faulty hardware, technical problems with your hardware, internet disconnections, low computer specifications, or any other reasons not attributable to Us does not entitle You to a refund of any Entry fee You may have paid.
- In the event of technical failures, server crashes, breakdowns, software defects, service disruptions, or malfunctions at our end, we will cancel the Game(s) as a policy and refund the Entry Fee (if any) after proper verification. No Platform Fee will be charged for such cancelled games. You accept that we are not responsible to You in such cases. We reserve the right to cancel and refund the Entry Fee for any game. Except in the case of a server crash, We are not responsible for any User disconnections from the server. We also bear no liability for potential winnings from any incomplete Game.
- If your User Account remains inactive for [12 (twelve)] months, we will transfer Your gameplay money balances to a Reserve Account. You may claim these balances from the Reserve Account, subject to additional KYC and user identification requirements. We will notify you of this transfer 45 (forty-five) days before the Play Money amount expires, via SMS, email, or call. If you do not use the Services, utilise the gameplay money balances, or request a refund during this notice period, You consent to the transfer of the balance. In the event you do not claim the transferred amount from the Reserve Account for three years post the date of the transfer, we may transfer the same to our operational account and use the same for our operational expenses as per applicable law
- Any amount remaining unused in the user’s account on the deactivation or deletion shall be transferred to the user's bank account registered with Sahaj, subject to processing fee applicable on such transfer. If the user has not verified their account and not provided the requisite bank details for withdrawal, the amount shall be forfeited by Sahaj with no further notice and no refund will be initiated.