TERMS & CONDITIONS
GameBlitz is a product / single application that contains multiple games. Once a user installs the
can play multiple games online within the app. It's available for free download and installation across
and other third-party App Stores. GameBlitz as a gaming app is also available for free download and
their website www.gameblitzapp.com
These User Terms & Conditions ("Terms & Conditions"
) of the App constitute
contract between you ("Subscriber"
and the Application Provider GAME BLITZ APPLICATION PRIVATE LIMITED ("Company"), regarding the terms under
LLP will provide Subscriber / User / You with access to the Application "GameBlitz
BY CLICKING ON THE BUTTON MARKED "I ACCEPT", THE SUBSCRIBER CONSENTS ITS AGREEMENT TO ABIDE BY
& CONDITIONS ("Acceptance").
User agrees that its assent, given electronically,
will have the
same legal effect as if it had been personally signed by User. To the extent permitted by the law, these
Conditions are intended to supersede any provisions of applicable law, which might otherwise limit their
enforceability or effect, because they were entered into electronically.
- "Account" means an account required to access and/or use certain areas of
- "App" or "Application" means the gaming application by
the name of
"GameBlitz" provided by GAME BLITZ APPLICATION PRIVATE LIMITED and includes all
information, content, concepts,
program interfaces, structures, functionality, computer code, published materials,
electronic documents, graphics
files and other technology inherent and located at (Client to insert the hyperlink)
- "App Provider"- means GAME BLITZ APPLICATION PRIVATE LIMITED
- "Bonus Coins"– means the virtual currency inside the App/game in the form
of coins. Bonus
coins can be earned: by logging in to the App on a daily basis, by sharing the referral
code, when a user joins in
with User's referral code shared, by playing games and such other related activities.
- "Content"- means the Standard Content of the App.
- "Effective Date"- refers to the date that the Company confirms the User's
right to use the
- "GameBlitz Coin(s)" – means the in-game currency that gets stored in the
Wallet. The GameBlitz Coins can be used to pay the entry fee to join live Tournaments
hosted on the App.
- "GameBlitz Coin Wallet" – means the in-App virtual wallet to store the
in-game currency called
- "Page(s)"means the following:
- Tournament Page will display the various different tournaments that
are currently live
on the App.
- Practice Arena Page will display all the games that our App has to
- Achievements Page will list all the different types of challenges
that a user has to complete.
- User Profile page will display all the User related information
such as the User's
profile picture, name, winnings (in INR) till now etc.
- Notification Page will list all the notifications that we feel
that the User needs to
have/know on a real-time basis. (For example, a User will be notified when a certain
tournament is supposed to
start and who won the particular tournament that the User had participated in.)
- Wallet Page is a page in the App consisting of GameBlitz Coins
Wallet, Redeemable Wallet where Users can transfer money using Paytm and Gift Wallet where
Users can claim gifts won in the special tournament.
- Gift is a physical/digital good(s) given to user for winning the
tournament. Physical/digital good(s) example Branded Tshirt, Backpack, Wrist watch etc.
- "Redeemable Wallet"-means the wallet where the user's total winnings from
the live Tournaments
will be collected. The currency of this wallet will be in INR. The total amount in the
redeemable wallet can only
be redeemed to their Paytm wallet.
- Gift Wallet – means the wallet where the user’s total gift won from
the live Tournaments will be collected.
- "Services" - means the App, games
and its entire
contents, features, and functionality (including but not limited to, all information,
software, text, displays,
images, video and audio, and the design, selection and arrangement thereof, the Standard
Content and any
documentation pertaining to the foregoing).
- "Standard Content"- refers to content within the App.
- "Third Party Service Provider" means a third party providing a
service that is offered
to Users through Our App;
- "User" means a user of Our App, also referred to as "Member",
refers to an individual that has the right to access the App. A User must be at least 18
years of age and possess
the legal right and ability to enter into binding contracts. It is agreed by the User to
information such as Facebook profile of the User, Mobile Number, (hereinafter referred to
Information"), as confidential and do not provide it any other person with
access to the App or portions
of it using User's (or the Authorized End User's) Authentication Information. The user will
notify the Company
immediately of any unauthorized access to, or use of, Authentication Information. The
Company has the right to
disable any User or Authorized End User access to the Services at any time, in its sole
discretion if, in the
Company's opinion, User and/or Authorized End User has violated any provision of these
Terms of Service or appear
likely to do so.
- "User Content" means any Content owned by a User (including but not
limited to a User's
- "Virus" means any item or device (including any software, code,
file or program) which
is designed to prevent, impair or otherwise adversely affect the operation of any computer
software, hardware or
network, any telecommunications service, equipment or network or any other service or
device; prevent, impair or
otherwise adversely affect access to or the operation of any program or data, including the
reliability of any
program or data (whether by re-arranging, altering or erasing the program or data in whole
or part or otherwise);
or adversely affect the user experience, including worms, Trojan horses, viruses and other
similar things or
- INFORMATION ABOUT THE APP PROVIDER.
This App is owned, operated and hosted by GAME BLITZ APPLICATION PRIVATE
Company registered under the Companies Act, 2013 of India having its registered office at A-2/605 Omkar
Oadma Nagar, Chikuwadi, Borivali West, Mumbai – 400092, Maharashtra, India.
- AGE RESTRICTIONS
Users may only use Our App if and only if they are at least 18 years of age.
- ACCESS AND CHANGES TO OUR APP
- Access to Our App and the creation, editing and hosting of User Content requires as a
mandate linking of the
Facebook account of the User to our App in order to sign up / log in to our App. Upon
linking the Facebook account
of the User with our App, our App will be available to the User.
- A User in order to access the App also has to share the State (in India) that he resides in
and provide his
contact number that his linked with his own Paytm account. The same needs to be verified by
the App before he/she
starts using the App.
- We may from time to time make changes to Our App:
- Changes may be required to make underlying technical alterations, for example, to
fix an error or to address
a security issue. We will inform you via our Notifications Page/e-mail/contact
number of any changes (including,
if applicable, anything that you need to do) that impact your use of our App
- Changes may be made to reflect changes in the law or other regulatory requirements.
We will inform you by
Notifications Page/ e-mail/contact number of any such changes (including, if
applicable, anything that you need
to do); and
- We will continue to develop and improve our App over time, in some cases making
significant changes to it.
You will be kept fully informed of any and all such changes.
- We will always aim to ensure that our App is available at all times. In certain
limited cases, (downtime)
however, we may need to temporarily suspend the availability to make certain
changes outlined under sub-Clause
4. iii. Unless we are responding to an emergency or an urgent issue, we will inform
you in advance of any
interruptions to availability.
- USER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS.
- Subject to these Terms & Conditions, the User will be granted a limited, non-exclusive,
non-transferable and non-sublicense-able right to access the App. Upon agreeing to grant
such access to the App
the Company does not obligate itself or take liability on itself to maintain the App or to
maintain it in its
present form. The App Provider may upgrade, modify, change or enhance the Services and
convert a User to a new
version thereof at any time in its sole discretion, to the extent that this is not
detrimental to User's use of
- The User represents and warrants that he is legally competent to enter into contracts and
that he is above 18
years of age.
- User agrees to abide by any rules or regulations that the App Provider publishes with
respect to the conduct of
User and other users of the App, which rules and regulations are hereby incorporated into
these Terms &
Conditions by this reference. The App Provider reserves the right to deny a User, access to
the App if, in the App
Provider's sole discretion, the User has failed to abide by these Terms and Conditions or
appears likely to do so.
- User accepts that the App Provider in its sole discretion may, but has no obligation to,
monitor the Services
or any portion thereof, and/or to oversee compliance with these Terms & Conditions.
- User promises, acknowledges and agrees to consent to the following:
- Access privileges shall not be transferred to any other third-parties;
- It will not access, store, distribute or transmit any Viruses;
- It will comply with all applicable laws and regulations with respect to the use of the
- It will not rent, lease, license, sublicense, re-sell, distribute, transfer, copy or modify
the Services or any
- It will not translate, decompile, or create or attempt to create, by reverse engineering or
source code from the object code made available hereunder;
- It will not reproduce, distribute, modify, create derivative works of publicly display,
republish, download, store or transmit the Services or any portion thereof;
- It will not delete or alter any copyright, trademark or other proprietary rights notices
from copies of
materials from the App or contained in the Services;
- It is solely responsible for acquiring, installing, operating and maintaining the hardware
environment, network connections, and telecommunication links, necessary to access and use
- It will not use the Services in any manner, or in connection with any content, data,
hardware, software or
other materials that infringes upon or violates any copyright, trademark, or other
intellectual property rights of
any third party, or that constitutes a defamation, libel, invasion of privacy, or violation
of any right of
publicity or other third party rights, or that is threatening, harassing or malicious.
- It will abide by all the clauses of the User Policy at all times. (Client to insert the
hyperlink to the User
- AVAILABILITY OF THE APP.
The User recognizes that the traffic of data through the Internet may cause
during the download of information from the App and accordingly, it shall not hold the App Provider
liable for delays
that are ordinary in the course of Internet use. The User further acknowledges and accepts that the App
may not be
available on a continual twenty-four-hour basis due to such delays, or delays caused by the App
modification, or standard maintenance of the App and that the App Provider will not be held liable for
- INTELLECTUAL PROPERTY RIGHTS.
- The Services are owned by the App Provider / Company, its licensors or other providers of
such material and are
protected by Indian and international copyright, trademark and other intellectual property
or proprietary rights
- No right, title or interest in or to the Services or any portion thereof, is transferred to
any User and all
rights not expressly granted herein, are reserved and retained by the App Provider.
- The App name, the App logo, and all related names, logos, product and service names,
designs and slogans, are
trademarks of the App Provider or its affiliates or licensors. User shall not be at any
liberty to use such marks
at any times. All other names, logos, product and service names, designs and slogans on
this App are the
trademarks of their respective owners.
- By accepting these Terms of Service, you hereby undertake:
- Not to copy, download or otherwise attempt to acquire any part of Our App;
- Not to disassemble, decompile or otherwise reverse engineer Our App;
- Not to allow or facilitate any use of Our App that would constitute a breach of
these Terms and Conditions;
- Not to embed or otherwise distribute Our App on any website, FTP server or similar.
- APP PROVIDER OBLIGATIONS.
The App Provider will use commercially reasonable efforts to enable the
Services to be
accessible, except for downtime due to scheduled maintenance and required repairs and for any
interruption due to
causes beyond the reasonable control of, or not reasonably foreseeable by the App Provider, including,
limited to, any Force Majeure Event (as defined below in this document). The foregoing undertaking
shall not apply to
the extent of any non-conformance caused by the use of the Services contrary to the App Provider's
modification or alteration of the Services by any party other than the App Provider. If the Services
non-conformance with the foregoing undertaking, the App Provider will, at its expense, use all
endeavors to correct any such non-conformance promptly or provide User with an alternative means of
- In order to register for the live Tournaments, Users are required to accurately provide the
- Sign up on our App with their Facebook profile/account
- Full Name (captured from the Facebook profile of the User)
- E-mail address (captured from the Facebook profile of the User)
- State of residence of the User
- Phone number
- Users are also required to confirm that they have read and shall abide by these Terms and
- In the event a User indicates, while entering his/her postal address, that he/she is a
either Assam, Odisha, Telangana, Nagaland or Sikkim, such a User will not
be permitted to proceed
to sign up for any round in any of the live Tournaments as described below.
- Once the User has entered the above information and clicked on the "login" tab, and if such
Users check the
dialogue box on the App that he is 18 years of age, he shall receive an OTP – one time
password to his phone
number provided by him on the App as a text message in order to verify the User. .
- After following the procedure as mentioned hereinabove, the User can login and use the App.
- GAMES FORMAT
- Currently, the App hosts two different pages wherefrom a User can play games:
- Tournament Page – displays the various different tournaments that are
currently live on the
App. Each tournament will have a small entry fee to join the Tournament to be paid in
GameBlitz Coins, some
tournaments can be Free which will not require the user to pay any kind of entry fee i.e
the user shall not be
required to use the GameBlitz Coins as an entry fee. Once the User joins the live
Tournament they will be able to
play the games and see the leader-board.
- Practice Arena Page-displays all the games that our App has to offer.
Since the live
Tournaments are skill-based games, the User on our All Games Page can practice each game as
many times as they
want and improve their relevant gaming skill before participating in the live Tournament.
All rules shall be
applicable to both the formats of the Games except the Fee part; the payment of a
pre-determined amount shall be
only applicable to the live Tournaments Page and not to All Games Page.
- It is clarified that the participation of Users in any live Tournament is subject to the
availability of seats
Participants for that live Tournament and GameBlitz shall not be liable to any person /
User for the inability to
participate in any live Tournament due to any cause whatsoever, including without
limitation due to a hardware or
technical malfunction or lack of eligibility of such User to participate in the live
- TOURNAMENTS, PARTICIPATION AND PRIZES
- As part of its services, the App Provider shall host all the live Tournaments on the App.
- Individual Users wishing to participate in such live Tournaments can take part in the
choice of Tournament that
they wish to participate into. Each such live Tournament will have limited seats available.
- Participation in such live Tournaments shall be for a fixed fee to be paid by the User in
before entering into such live Tournaments. Users may participate in the live Tournaments
by paying the
pre-designated amount as provided on the Tournament page. Some tournaments can be available
for Free to join where
user can join without paying entry fee/GameBlitz Coins.
- When a User joins the live Tournament, the live Tournament entry fee will be deducted from
Coins Wallet. If the User's coin balance in his GameBlitz Coins Wallet is not sufficient to
participate in the
live Tournament then the User has to refer others to the App by invitation for the balance
in his GameBlitz Coins
Wallet to increase. The Users shall be rewarded with GameBlitz Coins for completing certain
activities and tasks
such as playing a game, a certain number of times or scoring a particular score in some
game. Users can earn daily
coin rewards for logging in daily.
- In the event a User indicates, while entering an address, that he/she is a resident of
either Assam, Odisha,
Telangana, Nagaland or Sikkim, such User will not be permitted to sign up and shall not be
allowed to participate
in the live Tournament.
- CANCELLATION AND REFUND:
- The pre-determined amount (paid as an entry fee) to participate in a live Tournament once
paid is final and no
cancellation is permissible. GameBlitz may, in certain exceptional circumstances and at its
sole and absolute
discretion, refund the GameBlitz Coins to the User after deducting applicable cancellation
charges and taxes.
- If it comes to the notice of GameBlitz that the conduct of any of its live Tournaments is
prohibited by the
then governmental, statutory or regulatory compliances for the time being in force, then
GameBlitz shall withdraw
and/or cancel such live Tournaments without prior notice to any participants or winners of
any such live
Tournaments. Users agree not to make any claim in respect of such cancellation or
withdrawal of the live
Tournament(s) it in any manner.
- In the event, due to any reason whatsoever, GameBlitz cancels any live Tournaments,
GameBlitz shall process an
appropriate refund for all participants. Such a refund initiated will be an automatic
refund of the pre-determined
amount and shall be credited within 15 working days from the date of such a cancellation.
The App Provider on its App hosts live Tournaments of different games. Users
real cash money by participating and winning in those live Tournaments. A User can join the live
Tournament with a
fixed entry fee ("Fee"). The entry fee for each live Tournament shall be a
number of GameBlitz Coins to be paid/spent by the User from his GameBlitz Coin Wallet. Each live
Tournament will have
limited seats available. The App Provider shall have the sole discretion to decide on the Fees which is
the number of
GameBlitz coins required as an entry fee. The User agrees to pay the appropriate fee as mentioned
The App Provider reserves the right to change the Fee with prior written notification. Unless otherwise
stated, all fees are non-cancellable and non-refundable.
- 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. As decided by the Indian Apex Court in landmark judgements-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 is legal.
- The live Tournaments hosted by the App Provider on GameBlitz as described above are games
of skill as success
of the Users as participants depends primarily on their superior
knowledge/experience/mastery of the games. For
this purpose, the App hosts a page by the name of "All Games Page" wherein the User can
play all games and improve
his skills in order to participate and win in the live Tournament/s hosted by the App.
- By participating in each of the live Tournament, each Participant acknowledges and agrees
that he/she is
participating in a game of skill.
- The App is only for persons residing and a citizen of India.
- The App is available for download, installation and usage only to persons above the age of
- The App shall, in accordance with the laws prevailing in certain Indian states, bar
individuals residing in
those states from participating in the Contest(s). Currently, individuals residing in the
states of Assam, Odisha,
Telangana, Nagaland or Sikkim shall not participate in the live Tournaments as the laws of
these states bar
persons from participating in games of skill where participants are required to pay to
- A person who wishes to participate must have a valid Facebook account, a valid email
address which has been
used by him to register on Facebook and has to compulsorily mention their residing State.
- User shall be eligible to participate in the live Tournaments and win prizes only if the
balance in the User's
GameBlitz Coin Wallet is sufficient; else the User has to first collect the requisite
number of GameBlitz Coins in
the GameBlitz Coin Wallet
- The App also hosts some free live Tournaments, if a User wishes to participate in a free
live Tournament and in
case if he does have enough GameBlitz Coins, he can still join such free live Tournaments
- A leader-board will be displayed inside each live Tournament which will show the player
their rank based on
their score and who's currently on the top. Besides each rank the respective prize money or
will be displayed. At the end of the live Tournament the player's final rank will be shown
and the respective
Winnings will be credited to the player's wallet inside the App.
- In the event of a tie, the winning participants shall be declared winners and the Winnings
shall be averaged and be equally divided among such winners.
In case of tie in tournaments where the reward is a Gift, the winning participants will be
randomly selected from our end to claim the gift.
- If it is found that a User playing the live Tournaments is under the age of
eighteen (18) then the App
Provider shall be entitled, at its sole and absolute discretion, to disqualify such
a User participant and
forfeit his/her prize. Further, the App Provider, at its sole and absolute
discretion, suspend or terminate such
User's account. Any amount or gift remaining in any of the wallet(s) of such User
the sole and absolute
discretion of the App Provider be forfeited by the App Provider.
- User participant playing the live Tournaments confirm that they are not residents of any of
Indian states-Assam, Odisha, Telangana, Nagaland or Sikkim. If it is found that a User
participant playing the
live Tournaments is a resident of any of the abovementioned states, the App Provider shall
disqualify such User
participant and forfeit any Winnings won by him. Further the App Provider may, at its sole
discretion, suspend or terminate such User's account.
- In case of any inactivity of the User on the App including non-transfer of any amounts or
lying unused in the
Redeemable Wallet or Gift wallet respectively of the inactive User for over one year in
case of Cash and 30 days in case of Gift, the App Provider shall
fortnightly, by way of text
messages on the contact number provided by the User, E-mails on the e-mail ID of the User
and by push
notifications on the Notifications Page of the User's Account, sent reminders to the User
to transfer the unused
money to the User's Paytm account subject to the processing fee (to be borne by the User,
if any) applicable on
such transfers as set out herein. The transfer of unused money lying in the Redeemable
Wallet of the inactive User
shall be routed through the Paytm account of the User. In case of gift won, the gift will
be cancelled and user cannot not claim the won gift anymore.
- If the User has not completed his KYC formalities on his Paytm account, Paytm re-transfers
the amount back to
the account from where the money was initially transferred from within 6 days (in this case
the amount shall be
re-transferred to the Redeemable Wallet of the User). A notice / reminder from the App
Provider will be given to
user to complete the formalities in 30 days failing which the App Provider shall be at a
liberty to cancel their
cash earnings in the Redeemable Wallet lying unused for over a year and all the money shall
be transferred back to
GAME BLITZ APPLICATION PRIVATE LIMITED.
- Users, at the time of registration / sign up are required to provide proper and complete
details. The App
Provider shall not be responsible for any communications errors, commissions or omissions
including those of the
Users due to which the results may not be communicated to the winner.
- Users, at the time of claiming the Gift are required to provide proper and complete
shipping details by filling the form. The App Provider shall not be responsible for any
communications errors, commissions or omissions including those of the Users due to which
the results may not be communicated to the winner.
- In the event if it comes to light that the User(s) has / have not abided by these Terms and
GameBlitz shall not be liable to pay any Winnings to such User(s).
- In any event, GameBlitz / App Provider shall not be liable to refund the pre-designated
amount paid by the user
as entry fee.
- The Winners shall bear all transaction charges / taxes / processing fee levied upon such
The decision of the App Provider with respect to the awarding of Winnings
final, binding and non-contestable. The App Provider represents and warrants that there can however be
made in the prize money of the live Tournament once the Tournament has started.
- The App will have three in app virtual wallet system.
- Redeemable Cash Wallet
- GameBlitz Coin Wallet
- Gift Wallet
- When a user signs up for GameBlitz, some Coins as bonus coins will be deposited into their
Wallet. The User can also get bonus GameBlitz Coins for:
- Referring the application to their friends ("Invited User") or anyone who is not
already an User of the App;
- For logging in on the App daily.
- The Users shall be rewarded with GameBlitz Coins for completing certain activities
and tasks such as playing
a game certain number of times or scoring a particular score in some game.
- Users can earn daily coin rewards for logging in daily.
- When a User joins a live Tournament participate in a live Tournament, the Tournament entry
Fee shall be
deducted from their GameBlitz Coin Wallet if the same is sufficient; else the User has to
first collect the
requisite number of GameBlitz Coins in the GameBlitz Coin Wallet to continue.
- The App also hosts some free live Tournaments, if a User wishes to participate in a free
live Tournament and in
case if he does have enough GameBlitz Coins, he can still join such free live Tournaments
- When a user ranks amongst the top in the leader-board they will win real cash money or gift
depending upon the Rules of
the live Tournament.
- The Winnings of a User in each live Tournament will be transferred to their Redeemable Cash
Wallet in case of tournament reward being Cash which they
can redeem into their Paytm account / wallet or will be transferred to their Redeemable
Gift Wallet in case of tournament reward being a Gift. Users can redeem the reward through
the Gift wallet. .
- TAXES PAYABLE
All Winnings shall be subject to deduction of tax ("TDS") as per the Income
1961. As of April 1, 2018, the TDS rate prescribed by the Government of India with respect to any prize
that is in excess of Rs. 10,000/- is 31.2% of the total Winnings. In case of any revisions by the
Government of India
to the aforementioned rate in the future, TDS shall be deducted by the App Provider in accordance with
current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax
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 Winnings.
The winners undertake that they will be available for promotional purposes
and planned to be executed by the App Provider free of cost. The promotional dates shall be fixed up as
convenience of the App Provider and also keeping in mind the availability of the winner. Promotional
include but not be limited to press events, internal meetings and ceremonies/functions, print shoots,
videos etc. In
the event, if the App Provider is desirous to use the photograph of the winner for the purposes of
advertisement and such other marketing activities, the App Provider shall seek a prior written consent
(by means of
e-mail or any other electronic communication as consent of the winner) for using the same for the
promotion, advertisement and such other marketing activities. Such consent so received via e-mail /
communication from the winner shall be deemed as a written consent of the winner therefor.
- TERM, TERMINATION & EFFECTS.
- The User's account on the App shall be valid and subsisting from the date on which
he has signed up on the
App via his Facebook account till the date he deletes his Facebook and/or App
account or termination of his
account as the case may be.
- Termination. The App Provider reserves the right to terminate or suspend
access to all or any
portion of the Services for violation or suspected violation of these Terms &
- Effect of Termination:
- The User will have no further rights to access the App. Termination will not affect
the rights or liabilities
of either party that accrued prior to termination.
- In case of deletion of Facebook account of the User by the User, the App Provider
shall not be liable to
refund the money lying in the GameBlitz Coin Wallet of the User. Also, for the
money lying in the Redeemable
Wallet or Gift lying in the Gift Wallet of the User, the User shall have to
initiate a special request to the App
Provider via e-mail to initiate
- In case where the Facebook account of the User has been hacked into and the hacker
has redeemed the money or gift
lying in the Playable and/or Redeemable Wallet or Gift Wallet respectively of the
User, the App Provider shall
in no way be liable to refund
the User any such sum.
The User agrees to maintain the confidentiality of the App Provider &
Confidential Information. For the purposes of these Terms & Conditions, the term "Confidential
all portions of the Services, including but not limited to, the App.
- THIRD PARTY LINKS OR INFORMATION.
This App may contain links to other websites/apps that are not operated by
to the App Provider. App Provider is not responsible for the content, accuracy or opinions expressed in
third-party websites, and does not investigate, monitor, or check these websites/apps for accuracy or
The inclusion of any linked website/app on this App does not imply approval or endorsement of the
linked website by
the App Provider. A User that leaves this App to access these third-party sites does so at its own
risk. The App does
not exercise control over any internet sites apart from its own and cannot be held responsible for any
residing in any third-party internet site. The App's inclusion of third-party content or links to
internet sites is not an endorsement by the App of such third-party internet site.
- DISCLAIMERS OF STATEMENTS / WARRANTIES.
- User's use of the services is at its own risk. The Services are provided on an "as is" and
basis, without any statements or warranties of any kind, either express or implied. Neither
the App Provider, its
affiliates nor any person associated with them makes any statement, warranty or
representation with respect
to the completeness, security, reliability, quality, accuracy or availability of the
Services. Without limiting
the foregoing, neither App Provider, its affiliates nor anyone associated with
them promises that the
Services or items obtained through the Services or any portion thereof, will be accurate,
reliable, error-free or
uninterrupted, that defects will be corrected, that the Services or the App or the server
that makes it available,
are free of viruses or other harmful components, or that the Services or items obtained
through the Services will
otherwise meet User's needs or expectations. The App Provider and its affiliates hereby
disclaims all warranties
of any kind, whether express or implied, statutory or otherwise, including but not limited
to any warranties of
merchantability, non-infringement and fitness for particular purpose. The foregoing does
not affect any warranties
which cannot be excluded or limited under applicable law. No verbal or written
representations, information or
advice given by the Company, its affiliates or their authorized representative shall
create a warranty or in
any way increase the scope of this warranty.
- We make reasonable efforts to ensure that the content contained within our App is complete,
up-to-date. We do not, however, make representations, warranties or guarantees (whether
express or implied) that
our App (and the content therein) is complete, accurate or up-to-date.
- We are not responsible for the content or accuracy, or for any opinions, views, or values
expressed in any User
Content created, uploaded, or hosted using/on our App. Any such opinions, views, or values
are those of the
relevant User, and do not reflect our opinions, views, or values in any way.
- We are not responsible for any aspect of any services provided by Third-Party Service
Providers, nor do we
endorse those services in any way.
- Your use of services provided by Third-Party Service Providers shall be subject to the
terms and conditions
specific to those services. We will not be party to any contracts or agreements between you
Service Providers, nor will we be responsible for such transactions in any way.
- You are responsible for protecting your hardware, software, data and other material from
viruses, malware and
other internet security risks.
- You must not deliberately introduce viruses or other malware, or any other material which
is malicious or
technologically harmful either to or via our App.
- You must not attempt to gain unauthorised access to any part of our App, the server on
which our App is stored,
or any other server, computer, or database connected to our App.
- You must not attack our App by means of a denial of service attack, a distributed denial of
service attack, or
by any other means.
- By breaching the provisions of the sub-Clauses above you may be committing a cybercrime
under the Information
Technology Act, 2000 and such other cybercrime laws prevalent at that time. Any and all
such breaches will be
reported to the relevant law enforcement authorities and we will co-operate fully with
those authorities by
disclosing your identity to them. Your right to use our App shall cease immediately in the
event of such a breach
and, where applicable, your Account, User Content will be suspended and/or deleted and we
shall be at liberty to
claim liquidated damages from you if required and/or such other legal remedy prevalent
under law at the time being
- HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
For complete details of our collection, processing, storage, and retention
data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or
using it, details of your rights and how to exercise them, and personal data sharing (where
applicable), please refer
- DATA PROTECTION AND USER SITES
- Both Users and We, shall comply with all requirements of the Information Technology
Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. With
respect to personal
data hosted by us on behalf of a User, for the purposes of the Information Technology
Rules, 2011 the User is the
data controller and We are the data processor.
- You must ensure that, with respect to your User Site(s) and any and all User Content, you
have all necessary
and appropriate consents and notices in place in order to enable the lawful transfer of
personal data to us for
- Any and all personal data processed by Us (as a data processor) on your behalf (as a data
controller) in the
course of providing our App and hosting your User Content shall be processed in accordance
with the terms of Information
Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or
Information) Rules, 2011.
- However, it is to be noted that section 69 of the Act, which is an exception to the general
rule of maintenance
of privacy and secrecy of the information, provides that where the Government is satisfied
that it is necessary in
the interest of:
- the sovereignty or integrity of India,
- defence of India,
- security of the State,
- friendly relations with foreign States or
- public order or
- for preventing incitement to the commission of any cognizable offence relating to
- for investigation of any offence,
- It may by order, direct any agency of the appropriate Government to
intercept, monitor or decrypt or cause
to be intercepted or monitored or decrypted any information generated,
transmitted, received or stored in any
computer resource. This section empowers the Government to intercept,
monitor or decrypt any information
including information of personal naturein any computer
- Where the information is such that it ought to be divulged in public
interest, the Government may require
disclosure of such information. Information relating to anti-national
activities which are against national
security, breaches of the law or statutory duty or fraud may come under
- LIMITATION OF LIABILITY.
The App Provider in any way whatsoever shall not be liable or responsible to
for (i) death or personal injury caused by its App; (ii) fraud or fraudulent misrepresentation; or
(iii) any other
matter for which it would be illegal for the App Provider to be held liable or responsible.
The User agrees to compensate and defend fully, the App Provider, its
employees, agents, successors and assigns, from and against any damages, losses, and expenses
attorneys' fees) resulting from any Third-Party claim, action or demand arising out of any breach by
User of any
representation, warranty, covenant, obligation or duty of User under this Policy.
All provisions relating to proprietary rights, payment of fees,
disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or
termination of these Terms & Conditions.
Except, for any provisions determining the primary contractual obligations
of User and
App Provider hereunder, the App Provider has the right to revise and amend these Terms & Conditions
from time to
time to reflect changes in business needs including, but not limited to, changes in features and
changes in market conditions, changes in technology, changes in payment methods, changes in relevant
regulatory requirements and changes in system capabilities. Changes are effective immediately upon
use of any of the Services following the posting of revised Terms & Conditions means that the User
agrees to the changes, to the extent permitted by applicable laws. Any changes made in the Policies
shall be notified
by the App Provider to the User via a third party push notification plug-in on the Notification Page,
via e-mail and
if need be then via text messages.
- We may transfer (assign) our obligations and rights under these Terms & Conditions to a
Third Party (this
may happen, for example, if We sell Our business). If this occurs, you will be informed by
Us via e-mail or by
posting a notification on Notifications Page of the App. Your rights under these Terms
& Conditions will not
be affected and our obligations under these Terms & Conditions will be transferred to
the third party who will
remain bound by them.
- You shall not transfer (assign) your obligations and rights under these Terms and
- If any of the provisions of these Terms & Conditions are found to be unlawful, invalid
unenforceable by any Court or other authority, that/those provision(s) shall be deemed
severed from the remainder
of these Terms & Conditions. The remainder of these Terms & Conditions shall be
valid and enforceable.
- No failure or delay by Us in exercising any of our rights under these Terms &
Conditions means that we have
waived that right, and no waiver by Us of a breach of any provision of these Terms &
Conditions means that we
will waive any subsequent breach of the same or any other provision.
- We may revise these Terms & Conditions from time to time in response to changes in
relevant laws and other
regulatory requirements and a notification about it shall be posted on the Notifications
Page of the App.
The User acknowledges that a breach of any confidentiality or proprietary
provision of these Terms & Conditions may cause the App / App Provider an irreparable damage, for
which the award
of damages would not be adequate compensation. Consequently, App Provider may seek an injunction to
prevent the User
from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not
and App Provider may seek the entry of an injunction enjoining any breach or threatened breach of those
in addition to any other relief to which the App Provider may be entitled at law or in equity.
- GOVERNING LAW AND JURISDICTION.
This Policy shall be construed and governed by the laws in India and courts
alone shall have exclusive jurisdiction over matters relating to or arising from this Policy.
Legal notices may be sent to the Company at email@example.com
(if by e-mail), or, A-2/605 Omkar CHS Ltd, Oadma Nagar, Chikuwadi, Borivali West Mumbai-400092 (if by
mail). Notices to User may be sent to the e-mail address provided by the User by linking his Facebook
signing up to the App. In addition, App Provider may broadcast Notices or messages through the App on
Notifications Page to inform matters of importance, and such broadcasts shall constitute Notice to the
User to the
extent permitted by applicable law. Any notices or communication under these Terms & Conditions
will be deemed
delivered to the party receiving such communication on the delivery date if transmitted by email; or
within three (3)
days after App Provider posts a notice on the Notifications Page of the App.
- FORCE MAJEURE.
The App Provider will not be liable or responsible for any failure to
perform, or delay
in performance of, any of its obligations that is caused by events outside its reasonable control ("Force
Majeure Event"). A Force Majeure Event includes any act, event, non-happening,
omission or accident
beyond App Provider's reasonable control including, but not limited to, restrictions of law,
regulations, orders, or
other governmental directives, labour disputes, acts of God, third party mechanical or other equipment
terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of
telecommunications or digital
transmission links, Internet failures or delays, storms or other similar events.
Subscriber agrees to comply with the then-current User Policy and Privacy
(collectively, the "Policies" and individually, the "Policy").
App Provider reserves the right to modify either Policy at any time, and to the extent permitted by
changes to the Policies are effective immediately upon posting on the App's Notifications Page. User's
of any portion or all, of the Services, following the posting of a revised Policy means that the User
agrees to the changes. In the event of an express conflict between the Terms & Conditions and
the terms of
the Policies, the Terms and Conditions will prevail. The logs for the Push Notifications on the
Notifications Page as
per our current system expire after 30 days
- NO THIRD-PARTY BENEFICIARIES.
Any person or entity not a party to these Terms and Conditions will be
deemed to be a
Third-Party beneficiary of these Terms and Conditions or any provision hereof.
If any provision of these Terms & Conditions are held by a court of
jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best
objectives of the original provision to the fullest extent allowed by law and the remaining provisions
of these Terms
& Conditions will remain in full force and effect.
- WAIVER AND AMENDMENT
If the App Provider fails to insist upon strict performance of User's
any of these terms and conditions, or if App Provider fails to exercise any of the rights or remedies
to which it is
entitled under these Terms & Conditions, this will not constitute a waiver of such rights or
remedies and will
not relieve User from compliance with such obligations. No waiver by App Provider of any default will
waiver of any subsequent default, and no waiver by App Provider of any of these terms and conditions
effective unless it is expressly stated to be a waiver and is communicated to User in writing.
- COMPLETE UNDERSTANDING.
These Terms & Conditions, together with the User Policy and the Privacy
constitute the sole and entire agreement between User and App Provider with respect to the Services and
all prior and contemporaneous understandings, agreements, representations, warranties or terms and
written and oral, with respect to the Services.
EFFECTIVE DATE: 1st November 2018