Terms & Conditions

Introduction

This user agreement (the “Agreement”), which includes those terms and conditions expressly set out below and those incorporated by reference including the terms of the Privacy Policy and the Game Rules is an agreement between you (the “User”, “you” and “your”), and GOOTAL TECHNOLOGY PRIVATE LIMITED and its licensors, subsidiaries, associates, affiliates and partners (the “Company”, “us”, “we” and “our”) which governs your use of the products and services (“Services”) provided by GOOTAL TECHNOLOGY PRIVATE LIMITED (the “Company”) through the www.dewfoodsrummy.co.in website (the “Site”) and associated software (“Software”). By using any of the Services you are agreeing to all the terms of this Agreement.

You understand that the Terms will be binding on you. You agree that Services offered on the Website can be accessed only in accordance with the Terms and you shall be responsible to comply with the Terms at all times. You are responsible to be aware of and agree to abide by the Terms as published and periodically amended or modified by dewfoodsrummy.com

If any of the Terms are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi – judicial body in India, it will not affect the validity and enforceability of the remaining Terms.

Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by you shall not be construed as a waiver of our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.

If a promotion, game, event, competition or tournament is organized by us on the Website, it shall be governed by the Terms and any supplementary terms and conditions which may be specifically applied for that promotion, game, event, competition or tournament.

Legality

You may only use the Services to play Cash Games if you are 18 years of age or over. Access to our Services or any part thereof may be restricted by us from time to time in our sole decision. You confirm that you are not accessing the Services to play Cash Games from outside India or from the States of Assam, Odisha in India.

Agreement

You should ensure that you read, understand and agree with all the terms and conditions contained in the Agreement, before you may use the Services. You should only use the Services if you have read and understood the Agreement and agree to abide by its terms and conditions. If you have any questions about the Agreement please contact us at [email protected].

We reserve the right to amend, modify or change any of the terms of this Agreement at any time, and it is advisable to regularly look at these terms. We shall give notice of such changes (“Notice”) either by email notification to the email address provided to us by you upon registration, or by posting the amended Agreement on the Site. Such modifications could include changes to any of our Game Rules. If you do not agree with the terms of the amended Agreement, you may terminate your use of the Services by notifying us that you wish to terminate your Accounts. Your continued use of the Services will be deemed to constitute your acceptance of the changes to the Agreement.

Eligibility

In order to use the Services, a User must register and truthfully and accurately provide all mandatory information.

In order to participate in Practice Games, you must be at least 18 years old.

In order to participate in Real Chip Games, you must satisfy the following criteria at all times:

– You must be at least 21 years old, and must not suffer from any disability or impairment which would prevent you from assuming the responsibilities contained in the Agreement, or from participating in the Games which are offered as part of the Services.

– You must be a resident of India,

– You must access the Services while located within the Eligible Territory,

– You must possess a valid PAN number, which will be associated with your Accounts and which you will provide to us upon request,

– You must satisfy yourself that it is legal for you to participate in Real Chip Games in the specific jurisdiction from which you are accessing the Services.

(Real chips = real points = real cash and practice = fun = free are same where mentioned in site). The ‘‘Eligible Territory’ is defined as being the territory of India excluding the states of Assam and Orissa. ‘Real Chip Games’ are defined as being any games or tournaments which are part of the Services and require the User to maintain a non-zero cash balance (“Cash Balance”) in their Accounts. Any game other than a Real Chip Game made available by the Company through the Site or the Software, is defined as a ‘Practice Game’. All Real Chip Games and Practice Games shall be collectively defined as ‘Games’.

Users who do not fulfill the above criteria are expressly barred from participating in Real Chip Games, and would not be entitled to receive any prizes which they may win as a result of participation in Real Chip Games.

You understand and acknowledge that participation in Real Chip Games may result in financial loss to you, and agree that your participation is completely voluntary. You undertake full responsibility for any such financial losses, and agree that you will not under any circumstances hold the Company responsible for such losses.

You understand and accept that by viewing or using the Site or availing of any Services, or using communication features on the Site, you may be exposed to content posted by other Users which you may find offensive, objectionable or indecent. You may bring such content posted by other Users to our notice that you may find offensive, objectionable or indecent and we reserve the right to act upon it as we may deem fit. The decision taken by us on this regard shall be final and binding on you.

We provide valid, registered Users the opportunity to access and play online games of skill. The Company provides software and IT services to enable games of skill to be played with other individuals over the internet.

The Services provided by the Company are only intended to facilitate games of skill, and are for entertainment purpose only.

The Company levies a charge (“Service Charge”) for Real Chip Games, which would be inclusive of service tax as may be applicable. The Service Charge may vary from time to time and from one Real Chip Game to another.

User Account

Your Accounts are to be used solely by you.

You undertake that all the information provided by you at the time of opening the Accounts, or provided by you subsequently upon request by the Company, is true, complete and correct. You further undertake to keep all such information which has been provided by you up to date at all times, by making necessary changes or intimating the Company when such details change. You undertake to provide proof relating to any such information, including copies of documents such as your PAN card, or address and identity proof, upon request by the Company. You understand that the Company may take steps to verify any such information provided by you. Your continued use of the Services, including but not limited to your ability to make Cash Credits and Cash Withdrawals in accordance with the terms of this Agreement, is subject to the Company’s continued satisfaction that all such details provided by you are true, complete and correct.

During the registration process, you will be required to choose a login name and a password in addition to providing some other information which may not be mandatory. Additionally, you may be required to give further personal information for your user account verification and/or for adding cash to your user account. You must give us the correct details in all fields requiring your personal information, including, without limitation, your name, postal address, email address, telephone number(s) etc. You undertake that you will update this information and keep it current.

You acknowledge that we may, at any time, require you to verify the correctness of this information and in order to do so may require additional documentary proof from you, failing which we reserve the right to suspend or terminate your registration on the Website.

Any information provided by you to us should be complete and truthful to the best of your knowledge. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us.

You are prohibited from using the Services by means of Accounts registered in the name of any other individual.

Should you attempt to open more than one Chips Account or Winnings and Bonus Account, under your own name or under any other name, or should you attempt to use the service by means of any other person’s Accounts, we will be entitled to close all your Accounts and bar you from accessing or using the Services in the future without notice.

You shall not share the password to your Accounts, or any other confidential or sensitive information associated with your Accounts, with any other individual. The Company is not responsible if your Accounts are accessed by others using your password or other confidential details or information.

You also understand and agree that deposits in your user account maintained with us are purely for the purpose of participation in Cash Games made available on the Website.

You understand and agree that you cannot transfer any sum from your user account with us to the account of another registered user on the Website except as may be permitted by dewfoodsrummy.co.in and subject to restrictions and conditions as may be prescribed.

We are legally obliged to deduct tax at source (TDS) on winnings of more than rs. 10,000/- in a single tournament, a single Pool Rummy game, or a single Points Rummy game as the case may be. In these cases, you will be required to furnish your Permanent Account Number (PAN) duly issued to you by the Income Tax authorities if you have not already done so. TDS at the rate of 30% will automatically be deducted from such winnings and the rest will be credited to your dewfoodsrummy.co.in user account. Withdrawal of these winnings will only be permitted upon your providing your correct PAN details. These limits and rates are subject to change as per the prevailing rules and regulations. dewfoodsrummy.co.in ’s obligation is this regard is limited to deducting TDS as required by law and providing you an appropriate certificate of tax deduction. We neither advise you nor shall in any manner be responsible for your individual tax matters.

We reserve the right to verify your PAN from time to time and to cancel any prize should your PAN be found inconsistent in our verification process.

User Prohibited

Anti-Cheating and Anti-Collusion:

You undertake that you yourself will play in all Games in which you have registered/joined and not use any form of external assistance to play. You shall not add unauthorized components, create or use cheats, exploits, bots, hacks or any other third-party software designed to modify the Website or use any third-party software that intercepts, mines or otherwise collects information from or through the Website or through any Services. Any attempt to employ any such external assistance is strictly prohibited.

Formation of teams and collusion between you and any other user(s) for participating in Games organized on the Website or any other form of cheating is strictly prohibited.

When collusion or cheating is detected, dewfoodsrummy.co.in shall settle the Game as per its “Game Cancellation Settlement Policy” and may take further appropriate action against offending users in terms hereof.

Money Laundering:

You are prohibited from doing any activity on the Website that may be construed as money laundering, including, without limitation, attempting to withdraw cash from unutilized cash added through credit cards or deliberately losing money to a certain player(s).

Anti-SPAMMING:

Sending SPAM emails or any other form of unsolicited communication for obtaining registrations on the Website to benefit from any promotional program of dewfoodsrummy.co.in or for any other purpose is strictly prohibited.

Multiple IDs:

Your registration on the Website is restricted to a single user account which will be used by you to avail of the Services provided on the Website. You are prohibited from creating or using multiple user IDs for registering on the Website.

The Company makes no warranty or representations about the accuracy or completeness of the content contained on the Site, the Services or the Software. The Site, the Services and the Software, and all content, materials, information, services, and products contained therein, including, without limitation, text, graphics, and links, are provided ‘as is’ and without warranties of any kind, whether express or implied.

The Company also reserves the right to limit your use of the Services or participation in any Game, or terminate your Account, in case it determines that you have intentionally caused any malfunction or disruption of the Services. The Company is not liable for any potential winnings from any unfinished Real Chip Games.

Additional charges that may apply

Certain additional charges may be levied upon you by the Company, or by payment gateways, banks or other intermediaries, at the time of purchase of chips and Cash Withdrawals. You agree to pay any such additional charges, which may vary between various banks, payment processors or other intermediaries.

Disconnections

The Company will not be liable for any network disconnections on the User’s computer or any other external networks. In case of any disruption of services while a Game is in progress, the Company will cancel the Game and refund the points/ Real Chips irrespective of the status of the Game.

While participating in a Real Chip Game, a User takes full responsibility for the risk of internet disconnection or communication interferences between their computer and the Company’s servers, any lag or freezing of the game or Software, and any problems attribuTable to their own computer or network connection. Other than a crash of the Company’s servers, the Company does not take any responsibility for any of the player’s disconnections from the server.

Third Party Sites

The Site may provide links to third-party web sites. Third parties and third party web sites may have different privacy policies, terms and conditions and business practices than we do. Your dealings or communications with any party other than the Company are solely between you and that third party. Reference on the Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, logo, and manufacturer or otherwise does not constitute or imply its endorsement or recommendation by the Company.

Agreement:

We reserve the right to amend, modify or change any of the terms of this Agreement at any time, and it is advisable to regularly look at these terms. We shall give notice of such changes (“Notice”) either by notification in the manner as the Company may deem fit or by posting the amended Agreement on the Site. Such modifications could include changes to any of our Game Rules. If you do not agree with the terms of the amended Agreement, you may terminate your use of the Services by notifying us that you wish to terminate your Accounts. Your continued use of the Services will be deemed to constitute your acceptance of the changes to the Agreement.

Ownership:

Use of the dewfoodsrummy.co.in name and any of the other names or marks associated with the Site, the Services or the Software is strictly forbidden, unless it is used with the express written permission of the Company. The Site, the Services and the Software, including its code, documentation, appearance, structure, and organization is an exclusive product of the Company, which retains all rights, tangible and intangible, to the dewfoodsrummy.co.in website, the games therein, software, codes, copies, modifications, or merged parts.

System Failures:

It is clarified that, once the chips are put in the game table, under no circumstance would the chips be returned to the Chips Account or the Winnings and Bonus Account and on successful completion of the game, the winnings would be transferred to the Winnings and Bonus Account of the relevant winner.

However, In the event of a server crash, breakdown, software defect, technical failure or any other failure attributable to the Company or otherwise, including any natural disaster or other act of god, which results in disruption to a Game, such Game shall be cancelled and the chips in the table would be forfeited. dewfoodsrummy.co.in would under such limited circumstances, have the sole discretion to credit an equivalent amount of chips which have been forfeited, to the relevant participating Users in their respective virtual accounts from where such amounts have been withdrawn, and no Service Charge will be levied upon such Game. You accept that the Company is not liable to you in such cases in any manner, except to the extent hereby stated.

Limitation of Liability and Indemnity:

The Company shall not be liable for any claim, loss, injury, or damages (direct, indirect, incidental or any other kind whatsoever) arising from or in connection with your use of the Services, the Site or the Software.

Not with standing anything to the contrary contained in the Agreement, you agree that our maximum aggregate liability for all your claims against us, in all circumstances other than for valid Redemption of any Cash Balance in your Accounts, shall be limited to Rs. 2,000/- only.

You agree to indemnify and hold harmless the Company against any claims, actions, suits, damages, penalties, or awards brought against us by any entity or individual in connection with or in respect of your use of the Services, the Site or the Software.

If you have an issue within a particular game (which shall bear a specific game ID), you are entitled to report such issue to the Company within 90 days from the date you played such game (in which you faced the issue). The Company will not entertain, act upon or follow up on complaints specifically relating to issues reported by you beyond 90 days from the date on which you played the concerned game.

Disclaimer:

The Company expressly disclaims all responsibility and liability for any harm resulting from:

a. your participation in, or cancellation of, any Game,

b. any activity or transactions with third parties whom you may have connected to through the Services, the Site or the Software, and

c. any User-generated Content, including any violation of intellectual property rights with respect to such User-generated Content.

Warranty:

The Company disclaims all warranties, express and implied with regard to the merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus etc of the Site, the Services or the Software. The Company does not represent or warrant that the functions contained in the Site, the Services or the Software will be uninterrupted or error-free, that defects will be corrected, or that they or the server that makes the Site, the Services or the Software available are free of viruses or other harmful components. The Company also reserves the right to limit your use of the Services or participation in any Game, or terminate your Account, in case it determines that you have intentionally caused any malfunction or disruption of the Services. The Company is not liable for any potential winnings from any unfinished Real Chip Games.

Refunds:

The Company can its sole discretion process refunds to you under the following circumstances:

Erroneous/Accidental transactions – transaction amount unutilized: In case of an accidental/ erroneous cash credit or other similar event, you may request for a refund of such Cash Credit transaction (“Refund”) within 2 weeks of initiating such transaction. The Company, after determining in its sole discretion whether such Refund request is genuine, and that you have the requisite corresponding Cash Balance in your Accounts, will process the Refund request within 2 weeks. Any Refund will be carried out only to the instrument which was used to carry out the corresponding Cash Credit transaction, and no requests for an alternate mode of Refund will be entertained under any circumstances.

Fraudulent transactions – transaction amount unutilized: In case of a fraudulent cash credit that was not authorized by yourself and has been credited to another user’s account who has not yet utilized the funds of such a transaction, the Company shall process the Refund request within 2 weeks after determining whether such Refund request is genuine and ascertaining that another user has the requisite corresponding Cash Balance pertaining to the fraudulent transaction.

Fraudulent transactions – transaction amount utilized: In case of a fraudulent cash credit that was not authorized by yourself and has been credited to either your account or another user’s account and the funds of such a transaction are utilized, the Company shall extend its complete cooperation to the banks and other investigating authorities and provide all requisite details of the user who has utilized the proceeds of the fraudulent transaction. The Company shall not process any refunds in this scenario and your sole recourse shall lie with the issuing authority of the credit instrument.

Accepting the terms and conditions:

You undertake to have read and abide by the above terms and conditions.

Cancellation by User:

You may cease using the Services and terminate your Accounts at any time, by writing to us at [email protected] and informing us of your intention. Subject to such restrictions as may be applicable to Cash Withdrawals in accordance with the terms and conditions of this Agreement, the Company will refund the remaining amount of your Cash Balance to you at this time.

User Account suspension:

We may suspend or otherwise put restrictions on your access to the Services on the Website during investigation for any of the following reasons:

Suspected violation of Terms or other abuse of your user account;

Suspected breach of security of your user account;

or If there have been charge-backs on your user account.

Our decision to suspend or restrict Service or any part thereof as we deem appropriate shall be final and binding on you.

Governing Law

This Agreement shall in all respects be governed and interpreted by, and construed in accordance with, the laws of India.

Jurisdiction

All disputes, complaints, differences etc, shall be subject to the exclusive jurisdiction of the courts at Thane, Maharashtra, India.

Contact us

In case of any questions or complaints, feel free to contact us any time at [email protected]. In case of any change in your personal information, please contact Customer Service at [email protected]. If you forget your password, or suspect that your password or your Accounts has been compromised, please contact [email protected].

Restricted State disclaimer which restricting users from Outside India and restricted States like Telangana, Sikkim, Assam, Nagaland, Andhra Pradesh, Arunachal Pradesh and Orissa.