Gamesoftrade.com’s Terms of Use
All products and/or services relating to the games (collectively called “Services†hereinafter) provided to you and offered by Elitedge Digisol Pvt Ltd and/or its affiliates, subsidiaries, associates and partners (hereinafter referred to as “We†or “Us†or “Ourâ€) through the website https://www.gamesoftrade.com (hereinafter referred to as the “Websiteâ€) are subject to these Terms of Use
YOU SHOULD READ ALL THE TERMS PRIOR TO THE USE OF OUR SERVICES. HERE “YOU†REFERS TO ENTITIES LIKE “YOUR†OR “USER†OR “PLAYER†OR “PARTICIPANTS†or “ACCOUNT OWNERâ€
If you do not wish to adhere to our Terms of use or any of our future changes or modifications to our Terms, you may opt to cease the use of any and all features of our website along with any services that we offer.
You may note that if any single term mentioned in gamesoftrade.com’s Terms of use is found out to be either unlawful or unenforceable or is determined to be invalid for any grounds by either a judicial or quasi-judicial body in India, it will not by any means affect the enforceability and validity of our mentioned Terms of use.
Hereinafter, gamesoftrade will be referred as “GOTâ€
1. Terms of Agreement
We advise you to read our Terms carefully and understand them properly. All the clauses in the Terms of Service of gamesoftrade.com are expressed clearly below and included in the medium of reference that can be accessed by clicking on the related links. You should make sure that you have read and clearly understood our Agreement before completing the user registration process and you must agree to follow our Terms of use, Privacy Policy and Rules of game. You are by all means bound by our Agreement in any instance when you choose to use our services or games or software. We reserve the right to modify and amend our Terms and conditions at any time. Whenever we make changes, we will inform all registered users by sending “Notice†on the user’s registered email address. We will also keep sending communication to all registered users, regarding changes pertaining to policy, game rules on our website. If you do not agree with the changes and new rules, you can choose not to participate in such contests/games or if you wish to deactivate / close your user account, on gamesoftrade.com, you can do the same, by informing us the reason for account deletion. If you continue using our Services after any amendment or changes to the Terms of use by us, it will be assumed that you have agreed the changes made to the Terms of Service and you agree to abide by the new rules.
GOT may, at its sole and absolute discretion:
- Restrict, suspend, or terminate any User’s access to all or any feature of GOT App from website and mobile app.
- Move, remove, change, suspend, or discontinue any feature of GOT from website and mobile app.
- Deactivate or delete a User’s account and all related information and files on the account;
- Reject, move, or remove any material that may be submitted by a User;
- Offer discounts to its users in form it deems fit (“Bonus Entry to the contest“).
User’s Responsibility and accountability
- Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by GOT). Users further agree to keep their registration information updated.
- Users agree to ensure that emails/SMS received from GOT team shall be treated as “Safe / secure source†and shall not be treated as spam. Users are expected to check their email/SMS including spam folder for any communication from GOT.
- GOT is committed to maintaining data privacy and security by protecting user information such email id, mobile number, password, payment information, etc. It is also expected that users should not share the critical information such as user name, password, email id, mobile number, payment related information, etc to anyone for any purpose. GOT will not be responsible for any breach of security from the end-user side or otherwise.
- Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with GOT Services and/or GOT experience or assist in such activity.
- Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying GOT Services.
- Users agree that without GOT’s express written consent, they shall not modify or cause to modify any files or software that are part of GOT’s Services.
- Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support GOT’s Services (each a “Serverâ€); or (2) the enjoyment of GOT Services by any other User or person.
- Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt GOT Services or any other person’s use or enjoyment of GOT Services.
- Users shall not attempt to gain unauthorized access to the User accounts, Servers or networks connected to GOT Services by any means other than the User interface provided by GOT, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of GOT Services.
2. Account Management:
2.1 Creation of User Account and its Operation
To participate in our online contests, you are required to download the app from the website and need to provide the declaration regarding age and state of residency. After you click on “Registerâ€, you will have to create your own username and password along with additional information.
Registration process:
As skill based games are legal in India, “GOT†is not responsible for any acts of betting and gambling that may take place outside our Website or mobile application. The states of Assam, Odisha, Sikkim, Nagaland and Telangana do not permit the deposit or withdrawal of cash to play online games, so we do not offer the service of cash games to users staying/having residence in Assam, Odisha, Sikkim, Nagaland and Telangana, and users will be restricted during registration process.
GOT game can be played by the users who are 18 Yrs and above only, GOT doesn’t authenticate the age, however it is mandatory for user to confirm the age and state of residence criteria as per the declaration provided before the registration process. GOT will not be responsible for any false information provided by the user.
In order to register for the Contest(s), users are required to complete the registration process by providing true information of below parameters,
- First Name
- Last Name
- User Name
- State of Residence
- E-mail address
- Mobile number
- Date of birth
- Referral Code (If, available)
Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
For security purposes, you may be required to verify the authenticity of the information you have provided, which may require additional proofs and documents. If you fail to provide them, we reserve the solemn right to suspend or terminate your user account and registration on our Website and mobile app. You should know that we are not obliged to cross-check or verify your information and hence we do not take any responsibility for any consequences or outcomes that may result due to false, incorrect, incomplete, concealed or irrelevant information. Therefore, you are required to provide us with complete and authentic information to the best of your knowledge to play our online game.
2.2 Account Cancellation/Deactivation
You may cancel your account at any time by contacting our support team.
We may, in our discretion, without liability to you and without limiting our other remedies, with or without prior notice and at any time for any reason, decide to (i) limit, suspend, deactivate or cancel your account and take technical and legal steps to prevent you from using our Platform and Services, and (ii) screen or delay the delivery of Your Content.
Without limiting the foregoing, GOT reserves the right to suspend or terminate your account or your access to the application/website if (i) you create more than one primary account, (ii) if any information provided during the registration process or thereafter is determined to be incomplete, inaccurate, outdated, deceptive or fraudulent; or (iii) you fail to comply with the Terms, including the terms and conditions.
If your account is deactivated or cancelled, Gamesoftrade will have the right, but not the obligation to delete Your Content.
3. Intellectual Property
- GOT includes a combination of content created by GOT, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights (“Intellectual Property Rights“) in all software underlying GOT and the GOT Platform and material published on GOT website/app, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by GOT, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on GOT either in whole or in part without express written license from GOT
- Users may request permission to use any content by writing in to GOT Helpdesk
- Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on GOT (“Users’ Contentâ€). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User’s Content and that no part of the User’s Content infringes any third party rights. Users further confirm and undertake to not display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on GOT. Users agree to indemnify and hold harmless GOT, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on GOT, by such User or through the User’s commissions or omissions
- Users hereby grant to GOT and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users’ Content for any of the following purposes:
- displaying Users’ Content on GOT
- distributing Users’ Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or
- storing Users’ Content in a remote database accessible by end users, for a charge.
- This license shall apply to the distribution and the storage of Users’ Content in any form, medium, or technology.
4. Third Party Interfaces/Access to Internet links
- GOT may allow third parties/partner websites to provide links for exchanging data. Registered user’s use of all such sites/links is subject to the conditions, specified on respective websites. GOT does not have any control over any of such web sites/links apart from “gamesoftrade.comâ€, thus in any circumstances, GOT can not be held responsible for any content/security threats arising from such websites/links. GOT’s inclusion of third-party content or links to third-party web sites is not an endorsement by GOT of such third-party Internet sites.
- Users’ correspondence, transactions/offers or related activities with third parties, including payment information, content, payment confirmation if any, are solely between the User and that third party. Users’ correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, specified by respective website/third party, and user shall be solely responsible for reviewing the same, prior to transacting or availing offered services from third party service providers. User agrees that GOT will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate service provider.
- GOT contains content that is created by GOT team as well as content provided by third parties. GOT does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not be relied upon by the Users while using GOT services/features provided on GOT including while participating in any of the contests hosted on GOT.
- Contents available in GOT’s website or app, are provided only for knowledge and information purpose and user discretion is required, GOT will not be responsible for the outcome of the decisions taken by user by referring the content.
5. Privacy Policy
All information collected from Users, such as registration and Payment details (Debit/credit card information), is as per GOT’s Privacy Policy and the same is as under,
Elitedge Digisol Private Limited operates the portal in India, which offers Financial Market games/contests through the web-portal gamesoftrade.com and mobile application(s) (collectively referred to as the “Portalâ€) (Elitedge Digisol Private Limited referred to herein as “Games of Trade†or “we†or “us†“ourâ€).
Any person utilizing the Portal (“User†or “you†or “yourâ€) or any of its features including participation in the various contests, games (†Services “) being conducted on the Portal shall be bound by this Privacy Policy.
Games of Trade respects the privacy of its Users and is committed to protect it in all respects. With a view to offer an enriching and holistic internet experience to its Users, Games of Trade offers a vast repository of Services. Kindly take time to read the ‘About Us’ section to know more about Games of Trade. Most of the Services are offered for free but you may need registration to participate in Games of Trade online games. The information about the User is collected by Games of Trade as (i) information supplied by Users and (ii) information automatically tracked during User’s navigation on Games of Trade.
Before you submit any information to the Portal, please read this Privacy Policy for an explanation of how we will treat your personal information. By using any part of the Portal, you consent to the collection, use, disclosure and transfer of your personal information for the purposes outlined in this Privacy Policy and to the collection, processing and maintenance of this information. If you do not agree to this Privacy Policy, please do not use the Portal. Your use of any part of the Portal indicates your acceptance of this Privacy Policy and of the collection, use and disclosure of your personal information in accordance with this Privacy Policy. While you have the option not to provide us with certain information or withdraw consent to collect certain information, kindly note that in such an event you may not be able to take full advantage of the entire scope of features and services offered to you and we reserve the right not to provide you with our services.
Purpose and Usage:
To avail certain Services on the Portal, Users would be required to provide certain information for the registration process namely:
- Username
- Password
- Email address
- Date of birth
In the course of providing you with access to the Services, and in order to provide you access to the features offered through the Portal and to verify your identity, you may be required to furnish additional information, including your Permanent Account Number.
In certain instances, we may also collect Critical Personal Information (“CPIâ€) from you on the Portal. CPI means such personal information which consists of information relating to your physical, physiological and mental health condition; medical records and history; biometric information, sexual orientation and financial information, such as information regarding the payment instrument/modes used by you to make such payments, which may include cardholder name, credit/debit card number (in encrypted form) with expiration date, banking details, wallet details etc. This information is presented to you at the time of making a payment to enable you to complete your payment expeditiously.
Except for any financial information that you choose to provide while making payment for any Services on the Portal, Games of Trade does not collect any other CPI in the course of providing the Services . Any CPI collected by Games of Trade shall not be disclosed to any third party without your express consent, save as otherwise set out in this Privacy Policy or as provided in a separate written agreement between Games of Trade and you or as required by law. It is clarified that this condition shall not apply to publicly available information, including CPI, in relation to you on the Portal.
All required information is specific and based on the kind of Game/ Services the User wishes to participate in or access, and will be utilized for the purpose of providing services, including but not limited to the Services requested by the User. The information as supplied by the Users enables us to improve the Services and provide you the most user-friendly game experience.
In the course of providing the Services, Users may provide references by sharing the Games of Trade portal link, and invite new Users to participate in any of the Services by providing the email address or Facebook username of such users. Games of Trade may thereafter use this information to contact the Invited User/s and invite such user/s to register with Games of Trade to participate in the Game in relation to which such person was invited by the User. The participation of the Invited User in any of the Game shall be subject to the terms of this Privacy Policy and the Terms and Conditions for the use of the Portal. The User hereby represents that the Invited Users have consented and agreed to such disclosure to and use of their email address and Facebook username by Games of Trade.
Games of Trade may also share such information with affiliates and third parties in limited circumstances, including for the purpose of providing services requested by the User, complying with legal process, preventing fraud or imminent harm, and ensuring the security of our network and services.
Disclosure/Sharing:
Games of Trade may also share information as provided by you and data concerning usage of the Services and participation in the Games with third party service providers engaged by Games of Trade, for the purpose of data analytics or other similar purposes, for the purpose of storage, improving the services and helping Games of Trade serve you better.
By using the Portal, you hereby expressly agree and grant consent to the collection, usage and storage of this information by Games of Trade. Games of Trade reserves the right to share, disclose and transfer information collected hereunder with its own affiliates. In the event Games of Trade sells or transfers all or a portion of its business assets, consumer information may be one of the business assets that are shared, disclosed or transferred as part of the transaction.
You hereby expressly grant consent and permission to Games of Trade for disclosure and transfer of information to such third parties. Games of Trade may share information as provided by you and data concerning usage of the Services and participation in the Game with its commercial partners for the purpose of facilitating user engagement, for marketing and promotional purposes and other related purposes. Further, Games of Trade reserves the right to disclose personal information as obligated by law, in response to duly authorized legal process, governmental requests and as necessary to protect the rights and interests of Games of Trade.
If, we need to use your personal information (that is, information that that may be used to identify the User and that is not otherwise publicly available) for any other uses we will ensure that we notify you first. You will also be given the opportunity to withhold or withdraw your consent for your use other than as listed above.
Use of Cookies:
To improve the effectiveness and usability of the Portal for our Users, we use “cookiesâ€, or such similar electronic tools to collect information to assign each visitor a unique random number as a User Identification (User ID) to understand the User’s individual interests using the identified computer. Unless the User voluntarily identifies himself/herself (e.g., through registration), Games of Trade has no way of knowing who the User is, even if we assign a cookie to the User’s computer. The only personal information a cookie can contain is information supplied by the User. A cookie cannot read data off the User’s hard drive. Games of Trade’s advertisers may also assign their own cookies to the User’s browser (if the User clicks on their ad banners), a process that Games of Trade does not control.
Games of Trade ‘s web servers automatically collect limited information about User’s computer’s connection to the Internet, including User’s IP address, when the User visits the Portal. (User’s IP address is a number that lets computers attached to the Internet know where to send data to the User — such as the web pages viewed by the User). The User’s IP address does not identify the User personally. Games of Trade uses this information to deliver its web pages to Users upon request, to tailor its Portal to the interests of its users, to measure traffic within the Portal and let advertisers know the geographic locations from where Games of Trade ‘s visitors come.
Links:
Games of Trade also includes links to other websites. Such websites are governed by their respective privacy policies, which are beyond Games of Trade’s control. Once the User leaves Games of Trade ‘s servers (the User can tell where he/she is by checking the URL in the location bar on the User’s browser), use of any information provided by the User is governed by the privacy policy of the operator of the site which the User is visiting. That policy may differ from Games of Trade’s own. If the User can’t find the privacy policy of any of these sites via a link from the site’s homepage, the User may contact the site directly for more information. Games of Trade is not responsible for the privacy practices or the content of such websites.
Security Procedures:
All information gathered on Games of Trade is securely stored within Games of Trade – controlled database. The database is stored on servers secured behind a firewall; access to such servers being password-protected and strictly limited based on need-to-know basis. However, we understand that as effective as our security measures are, no security system is impenetrable. Thus, we cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. Further, any information you include in a posting to the discussion areas will be available to anyone with Internet access. By using the Portal, you understand and agree that your information may be used in or transferred to countries other than India.
Games of Trade also believes that the internet is an ever-evolving medium. We may periodically review from time to time and change our privacy policy to incorporate such future changes as may be considered appropriate, without any notice to you. Our use of any information we gather will always be consistent with the policy under which the information was collected, regardless of what the new policy may be. Any changes to our privacy policy will be posted on this page, so you are always aware of what information we collect, how we use it, how we store it and under what circumstances we disclose it.
Advertising:
When Games of Trade presents information to it’s online advertisers — to help them understand our audience and confirm the value of advertising on the Portal — it is usually in the form of aggregated statistics on traffic to various pages within our site. When you register with Games of Trade, we contact you from time to time about updating your content to provide features which we believe may benefit you.
Several deceptive emails, websites, blogs etc. claiming to be from or associated with Games of Trade may or are circulating on the Internet. These emails, websites, blogs etc. often include our logo, photos, links, content or other information. Some emails, websites, blogs etc. call the user to provide login name, password etc. or that the user has won a prize/ gift or provide a method to commit illegal/ unauthorized act or deed or request detailed personal information or a payment of some kind. The sources and contents of these emails, websites, blogs etc. and accompanying materials are in no way associated with Games of Trade. For your own protection, we strongly recommend not responding to emails or using websites, blogs etc. We may use the information provided by you to Games of Trade, including your email address or phone number, to contact you about the Services availed by you or to inform you of our updated Services if any.
Conditions of Use:
Games of Trade cannot assure that the portal or its servers or emails will always be virus free. Games of Trade will not liable for any damages arising from the use of portal. All possible damages such as compensatory, direct, indirect, incidental, special and consequential damages, Loss of data, goodwill, business opportunity loss, loss of income/profit, damage to property and third party claims. For all such causes, Games of Trade will not be liable for any damages whatsoever an amount in excess of an amount of INR 500.
Retention of Data:
Your personal information may be retained and may continue to be used until: (i) the relevant purposes for the use of your information described in this Privacy Policy are no longer applicable; and (ii) we are no longer required by applicable law, regulations, contractual obligations or legitimate business purposes to retain your personal information and the retention of your personal information is not required for the establishment, exercise or defense of any legal claim.
Applicable Law and Jurisdiction:
By visiting this Portal, you agree that the laws of the Republic of India without regard to its conflict of laws principles, govern this Privacy Policy and any dispute arising in respect hereof shall be subject to and governed by the dispute resolution process set out in the Terms and Conditions.
Updating Information:
You will promptly inform to Games of Trade if there are any changes, updates or modifications to your information. Further, you may also review, update or modify your information and user preferences by logging into your Profile page on the Portal.
Contact Us:
For any detail information/query with respect to this Policy or any complaints, comments, concerns or feedback can be sent to Games of Trade at: helpdesk@gamesoftrade.com or by normal/physical mail addressed to:
Attn: Games of Trade – PR Manager
Elitedge Digisol Private Limited,
Unit No. 42, Gokul Nagari, 90’ Road, Thakur Complex,
Kandivali East, Mumbai 400101
Maharashtra, India.
6. Contest, Entry to contest and Prize Money, Contest Format and rules
We provide our users and members with an excellent opportunity to test their knowledge / expertise about the Financial market – Equity/commodity. You can play various online contests as a game of skill, with our seamless software and IT services throughout the day, and one can track the progress during the market hours.
As part of its services, GOT will make available information of Live and Upcoming contests on GOT application. Currently, following contests are made available on GOT mobile application
- Top Gainers
- Top Losers
- OHLC
Individual users wishing to participate in such contests (““Participantsâ€â€) are invited to create their own teams (““Team/sâ€â€) by picking scrips of their choice from the list provided in the app, based on their market knowledge and analysis. Participants can also play contests related to Market indices and predict “Open/High/Low/Close†based on previous day’s inputs. The Addition/deletion of scrips will be aligned with BSE/NSE/MCX India website data.
Depending upon the criteria of each contest, the participants can edit their teams till 8:30 AM, as all contests new entries and team modification will be closed on or before 8:30 am before financial markets operating hours.
GOT reserves the right to abandon a specific contest or adjust the deadline of a contest in certain specific, uncertain scenarios, which are beyond GOT’s reasonable control, including but not limited to the ones’ mentioned herein below:
- On specific day, there is a change in official opening and closing of the Indian stock/commodity market
- Any planned/unplanned upgrades to the app
- Any other condition that requires the deadline changes
- GOT shall ensure prompt communications to the users via emails and/or SMS
- For contests, teams are composed of scrips/stocks and stocks are assigned with fixed points and maximum 100 points will be allotted with maximum number stock selection from the given list in the app as defined in the contest category.
- Currently, there are paid versions of the Contest(s) made available on GOT platform. Users may participate in the Contest(s) by paying the pre-designated amount mentioned for each contest.
- The ‘pre-designated amount’ means and includes a pre-determined platform fee for accessing GOT services and pre-determined participant’s contribution towards the prize money pool. The Participant with the best aggregate points at the end of the predetermined contest shall be eligible to win a pre-designated prize which is disbursed out of the prize money pool, as stated on the relevant Contest(s) page. In certain scenarios, there could be more than one winning teams of different participants having the same points. In such a case, the prize amounts will be equally split between all the winners who tied up for that rank.
Contest Formats
- Currently only Public contests are made available on GOT app. Public Contest where Users can participate in a Contest with other Users without any restriction on participation. An unique user can make a maximum of 100 teams per contest. Any participation in a contest of more than 100 teams shall be automatically restricted. Users by participating in a Contest(s) hereby authorize GOT to appoint a third party/ Trustee/Escrow Agent to manage users funds on users behalf.
- Creation of a team for a contest will be paid service except for a sponsored contest, user has to pay contest fees for as many teams user/participant will make.
- Sponsored contest is a contest which is sponsored by 3rd party for promotion purposes wherein the users will be allowed to create only one team per contest without requiring to pay any contest entry fee. In such contests, GOT and/or sponsors may restrict the maximum number of teams for such contests.
- The number of Participants required to make the Contest(s) operational will be pre-defined as “100†and once the number of Participants in such Contest(s) equals the pre-defined number required for that Contest(s), such Contest(s) shall be operational. In case if the number of Participants is less than the pre-defined number at the time of commencement of the contest, such Contest(s) will not be operational and the amount paid by each Participant shall be returned to the user’s wallet in the app without any charge or deduction.
Participation Rules and GOT Rights
- By entering a Contest, user/participant agrees to be bound by these Terms and the decisions of GOT. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user/participant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users/Participants which includes, but is not limited to:
- Providing false personnel information like, Name, email, age, bank account details whenever GOT team requests for documentation to claim prize/winning money.
- Any financial fraudulent activity or misrepresenting unauthorized use of payment instruments/wallet amounts, etc to enter contest or to claim prize money
- Any violation of Contest rules or the Terms of Use;
- Accumulating wallet points using unauthorized methods like automated bots, or other means and using automated means (including but not limited to harvesting bots, robots, parser, program scripting, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User/Participant for any purpose
- Any type of Reward misuse, misuse of the Referral program, or misuse of any other offers or promotions;
- Abusing the Website in any way (‘objectionable language, slangs or disrespectful words’ are some of the examples of Abuse)
- It is clarified that in case a User/Participant is found to be in violation of this policy, GOT team reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
7. Legality of Game of Skill
- Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
- The Contest (s) described above (across the GOT App) are games of skill as success of Participants depends primarily on their superior knowledge of the Financial Market – Equity and/or Commodity and/or currency statistics, knowledge of various stocks, commodities, technical analysis, historical performances of those entities/instruments across global markets. The Contest(s) also requires Participants to select well-balanced teams with limited resources based on their price performances and volatility index to gain the maximum points.
- By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
8. Eligibility
- The Contest(s) are open only to persons above the age of 18 years.
- The Contest(s) are open only to persons, currently residing in India, except residents of Assam, Odisha, Sikkim, Nagaland or Telangana as the laws of these states bar persons from participating in games of skill where participants are required to pay to enter.
- Persons who wish to participate must have a valid Indian mobile number (Country code:+91) and email address.
- GOT team may upon receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be one with insider knowledge of participating teams in any given contests/match, organizing boards, leagues etc.
- Only those Participants who have successfully registered on the GOT team as well as registered prior to each contest in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.
9. Payment Terms
- In respect of any transactions entered in GOT app, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
- The payment of predefined amount Users/Participants make to participate in the Contest(s) is inclusive of the pre-designated GOT service fees for access to the GOT Services charged by GOT and applicable taxes and charges.
- After deduction of all charges and taxes, a pre-determined participant’s contribution will be accumulated towards the prize money pool for distribution of winning amounts.
- All amounts collected from the User/Participant are getting deposited in a separate bank Account. The said account is being operated by a third party/aggregator appointed by the GOT team, and will be audited on regular basis by competent authorities.
- The Prize Money Pool size details will be published on the contest page. Prize money pool of such contests will be passed on to the Winner(s) after the completion of the Contest as per the terms and conditions. GOT has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions.
- User account will have two types of wallets.
- Deposit wallet: Whenever a user is remitting the amount to the designated payment gateway shall be credited to User’s Unutilized Account’, and that’s termed as “Deposit Walletâ€. Unutilized amounts of this wallet can be withdrawn by the user, and on such transactions 10% service fees will be applicable towards GOT service fees.
- Winning wallet: Whenever a user participates in a contest and if he wins and the winning amount will be credited in the winning wallet. The balance available in this wallet, can be withdrawn without any charges.
- Each time a User participates in any contest on GOT App , the pre-designated amount shall be debited from the User’s account (Deposit Wallet). In debiting amounts from the User’s accounts towards the pre-designated amount of such user shall be debited from the User’s Unutilized Account and thereafter, any remaining amount of participation fee shall be debited from the User’s Winning Account.
- In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Contest(s), the User can use payment gateway to execute payment transaction. In case any amount added by the User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s ‘Unutilized’ Account and will be available for use in participation in any match(s) or Contest(s) or for withdrawal in accordance with these Terms and Conditions.
- Debits from the ‘Unutilized’ Account for the purpose of enabling a user’s participation in a Contest shall be made in order of the date of credit of amounts in the ‘Unutilized’ Account, and accordingly amounts credited into ‘Unutilized’ Account earlier in time shall be debited first.
- All amounts credited into a User’s ‘Unutilized’ Account (Deposit wallet) must be utilised within 335 days of credit. In case any unutilised amount lies in the ‘Unutilized’ Account after the completion of 335 days from the date of credit of such amount, GOT reserves the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to the User.
- Redemption/Withdrawal Policy: Any amount standing to the User’s credit in the Winnings wallet may be made by way of raising a request to GOT. Also, auto request shall get raised, upon completion of 335 days from the date of credit of such amount in the User’s Winnings Account. In either case, GOT shall effect an online transfer to the User’s bank account on record with GOT within a commercially reasonable period of time (72 Hrs). Such transfer will reflect as a debit to the User’s Winnings wallet, and user will get credit to his bank account, registered with payment gateway aggregator within 72 hrs from the time of initiation of request. GOT shall not charge any processing fee for the online transfer of such amount from the Winnings wallet to the User’s bank account on record with Payment Gateway company. Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address in order for GOT to process the withdrawal request. The name mentioned on the User’s photo identification document should correspond with the name provided by the User at the time of registration on GOT, as well as the name and address existing in the records of the User’s bank account as provided to GOT. In the event that no bank account has been registered by the User against such User’s account with GOT, or the User has not verified his/her User account with GOT, to GOT’s satisfaction and in accordance with these Terms and Conditions, GOT shall provide such User with a notification to the User’s email address as on record with GOT at least 30 days prior to the Auto Transfer Date, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by the Auto Transfer Date, GOT shall be entitled to forfeit any amounts subject to transfer on the Auto Transfer Date. Failure to provide GOT with a valid bank account or valid identification documents may result in the forfeiture of any amounts subject to transfer in accordance with this clause.
- Further, in order to conduct promotional activities, GOT may gratuitously issue “Bonus Team Entry to the Contestâ€, to the User for the purpose of participation in any Contest(s) and no User shall be permitted to transfer or request the transfer of any amount into the Cash Bonus. The bonus team entry awarded must be utilized within 30 days, from the Bonus team allocation date
- User will be eligible for “Bonus Team Entry†in below two circumstances
- Referral Bonus: Whenever any registered user refer GOT app to his friend/contact, he/she will become eligible for “One BonusTeam Entry for One referral sharedâ€. User will become eligible for “One Free Team Entryâ€, once the referred user becomes “Registered user†of GOT by using his referral code.
- Deposit Bonus: GOT team has defined various “Deposit Coupons†in the multiples of 1000 and corresponding number of “Bonus Team Entriesâ€. As the deposit amount increases number of free team entries also increases. These free team entries will have usage expiry date, and should be used along with “Paid team†participation only.
- Users agree that once they confirm a transaction on GOT, they shall be bound by and make payment for that transaction.
The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that GOT has on third parties, any transactions on GOT app may take up to 48 hours to be processed. Any amount paid or transferred into the User’s ‘Unutilized’ Account or Winnings Account may take up to 48 hours to reflect in the User’s ‘Unutilized’ Account or Winnings Account balance. Similarly, the utilization of the Cash Bonus or money debited from ‘Unutilized’ Account or Winnings Account may take up to 48 hours to reflect in the User’s ‘Unutilized’ Account or Winnings Account balance. Users agree not to raise any complaint or claim against GOT in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting of transaction amount into any of the User’s accounts a transaction, once confirmed, is final and no cancellation is permissible.
GOT may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.
10. Selection and Verification of Winners and Conditions relating to the Prizes
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- Selection of Winners
Winners will be decided on the basis of the scores of the Teams in a participating contest (which may last anywhere between one day or a week) of the Contest(s). The Participant(s) owning the Team(s) with the highest aggregate score in a particular contest shall be declared the Winner(s). In certain pre-specified Contests, GOT may declare more than one Winner and distribute prizes to such Winners in increasing order of their Team’s aggregate score at the end of the designated match of the Contest. The contemplated number of Winners and the prize due to each Winner in such Contest shall be as specified on the Contest page prior to the commencement of the Contest.Participants creating Teams on behalf of any other Participant or person shall be disqualified.In the event if more than one number of participant’s team scores are same, then all participants having same score will get same winning prize and wining prize for such participants will get derived based on the number of winning rank holders of the various slabs having same score and Prize money allocated to slabs. All such teams having same score will get awarded with the same rank. GOT shall not be liable to pay any prize if it is discovered that the Winner(s) have not abided by these Terms and Conditions, and other rules and regulations in relation to the use of the GOT, Contest, etc. - Contacting Winners for approving winning withdrawals Winners shall be contacted by GOT or the third party conducting the Contest on the e-mail address provided at the time of registration. The verification process and the documents required for the collection of prizes shall be detailed to the Winners at this stage. As a general practice, winners will be required to provide following documents:
- Photocopy of the User’s PAN card;
- Photocopy of a government-issued residence proof;
- User’s bank account details and proof of the same.
- GOT shall not permit a Winner to withdraw his/her prize(s)/accumulated winnings unless the above-mentioned documents have been received and verified within the time-period stipulated by GOT. The User represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate.Participants are required to provide proper and complete details at the time of registration. GOT shall not be responsible for communications errors, commissions or omissions including those of the Participants due to which the results may not be communicated to the Winner.The list of Winners shall be posted on a separate web-page on the GOT. The winners will also be informed by email.In the event that a Participant has been declared a Winner on the abovementioned web-page but has not received any communication from GOT, such Participant may contact GOT within the time specified on the webpage.
- Verification process
Only those Winners who successfully complete the verification process and provide the required documents within the time limit specified by GOT shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). GOT shall not entertain any claims or requests for extension of time for submission of documents.
GOT shall review all documents submitted and may, at its sole and absolute discretion, disqualify any Winner from withdrawing his accumulated winnings (or any part thereof) on the following conditions:- Incorrect, false, or fabricated information supplied by participant
- Participant does not fulfill the Eligibility Criteria as mentioned in clause 8
- Taxes Payable
All prizes shall be subject to deduction of tax (“TDSâ€) as per the Income Tax Act 1961. As of April 1, 2018, the TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- is 31.2% of the total prize money amount. In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by GOT in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money. - Miscellaneous
The decision of GOT with respect to the awarding of prizes shall be final, binding and non-contestable.Participants playing the paid formats of the Contest(s) confirm that they are not residents of any of the following Indian states – Assam, Odisha, Sikkim, Nagaland or Telangana. If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the abovementioned states, GOT shall disqualify such Participant and forfeit any prize won by such Participant. Further GOT may, at its sole and absolute discretion, suspend or terminate such Participant’s account with GOT. Any amount remaining unused in the User’s Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User’s bank account on record with GOT, subject to the processing fee (if any) applicable on such transfers as set out herein.If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), GOT shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, GOT may, at its sole and absolute discretion, suspend or terminate such Participant’s account.To the extent permitted by law, GOT makes no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable for the same.GOT may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against GOT or question its right to modify such prizes being offered, prior to closure of the Contest.GOT will not bear any responsibility for the transportation or packaging of prizes to the respective winners. GOT shall not be held liable for any loss or damage caused to any prizes at the time of such transportation.The Winners shall bear the shipping, or any other delivery cost in respect of the prizes.The Winners shall bear all transaction charges levied for delivery of cash prizes.All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind. - Publicity
Acceptance of a prize by the Winner constitutes permission for GOT, and its affiliates to use the Winner’s name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever.
The Winners further undertake that they will be available for promotional purposes as planned and desired by GOT without any charge. The exact dates remain the sole discretion of GOT. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions. - General Conditions
If it comes to the notice of GOT that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of GOT that conduct of any such Contest(s) is prohibited, then GOT shall withdraw and / or cancel such Contest(s) without prior notice to any Participants or winners of any Contest(s). Participants agree not to make any claim in respect of such cancellation or withdrawal of the Contest or Contest it in any manner.Employees, directors, affiliates, relatives and family members of GOT, will not be eligible to participate in any Contest(s).
- Selection of Winners