Terms & Conditions
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and JH GAMES (OPC) PRIVATE LIMITED (“we,” “us” or “our”), concerning your access to and use of the mobile application software titled Tamosie (“Apllication”), the webApplication www.tamosie.com (collectively, the “Platform”) as well as any other media form, media channel, mobile webApplication or mobile application related, linked, or otherwise connected thereto (collectively, the “Application”). You agree that by accessing the Application, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS and CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY.
- ACCEPTANCE OF TERMS AND MODIFICATION THEREOF
- Supplemental terms and conditions or documents that may be posted on the Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Application after the date such revised Terms are posted.
- The information provided on the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
- The Company reserves the right, in its sole discretion, to terminate the access of the User to the App or any portion thereof at any time, without any prior notice.
- USER REPRESENTATIONS
By using the Application, you represent and warrant that:
(1) All registration information you submit will be true, accurate, current, and complete.
(2) You will maintain the accuracy of such information and promptly update such registration information as necessary.
(4) You are not under the age of 18.
(5) You are not a minor in the jurisdiction in which you reside or if a minor you have received parental permission to use the Application.
(6) You will not access the Application through automated or non-human means, whether through a bot, script or otherwise.
(7) You will not use the Application for any illegal or unauthorized purpose.
(8) Your use of the Application will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Application (or any portion thereof).
- REGISTRATION AND USAGE PROCESS FOR USER
- Through the App, individual live games will be announced from time to time. The User may join the game while it is live. The time period for any game will be as announced through the App. The User is not required to purchase or pay to participate in the game. However, the Company shall be entitled to set and charge a usage fee, in connection with the User’s use of the Services and from time to time amend or vary its transaction fee for the Services.
- The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the Account created for the Services and shall be fully responsible for all activities that occur by use of the Account. Further, the User agrees not to use any other party's Account for any purpose whatsoever without proper authorization from the relevant party. The User is responsible for the security of all transactions undertaken on his Account. The Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the User’s Account.
- The User also agrees and undertakes to immediately notify the Company of any unauthorized use of the User's Account or user ID as the case maybe. The Company shall not be responsible for any, direct or indirect, loss or damage arising out of the User's failure to comply with this requirement. . We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
- To use the Services of the App, the User also agrees to:
- Download and open the App on his/her device.
- Sign up for an Account or log into his existing Account. The User may also register to participate in the game via other methods the Company makes available to him.
- Receive a notification on his device when the game begins.
- Provide true, accurate and complete information about himself ("Registered Data") on the App.
- Maintain and promptly update the Registered Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to suspect that the Registered Data or any part thereof is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate the User's Account and refuse any and all current or future use of the Platform and/or any of the Services of the Company.
- The User accepts that the Company shall not be responsible in any manner for the non-fulfilment of the Prize to him by Paytm or any other third-party payment service provider.
- Notwithstanding the provisions contained in this Clause 3.4.10, the Company, shall be entitled to, at its sole discretion (including for reasons of software issues, network issues, technical glitches, etc.,) to nullify a game at any time after the game has started and / or any Prizes owed to the User after it has become due.
- Each Game will have winners who will receive a cash prize, which will be determined by the Company in its sole discretion and indicated in connection with a particular Game (the “Prize”).
- When applicable, to receive a Prize, the winner (and, if the winner is a minor, his parents or legal guardians) may be required to:
- Furnish proof of identity, address and birth date.
- Furnish copy of the pan card .
- Compulsion to link User Paytm Account or any other third-party payment service providers (as notified by the Company to the User from time to time), to the App to receive his Prize (“Cash- Out”).
- It shall be the Company’s discretion on deciding when to give the Cash-Out to the User and the User shall not have any right to decide the time or day for receiving or claiming the Cash – Out.
- The game shall be conducted under the supervision of the Company. The decisions of the Company are final and binding in all matters relating to the game and the Prize. Each winner will be notified via the App or by email or SMS, provided, however, that the Company reserves the right to determine an alternate method of notification.
- The Company does not guarantee that the Prize shall be made available to the winner. The Prize is not assignable and not transferable and no substitutions are permitted, except by the Company in its sole discretion.
- In addition, if the Prize is unable to be provided to the winner due to Applicable Law or if the winner cannot claim the Prize for any reason, then the Company reserves the right to not award the Prize at all.
- The User acknowledges that certain jurisdictions have laws regarding contests that may prevent the Company from awarding the User his Prize. By entering this contest, the User (and, if he is a minor, his parents or legal guardians), understands and accepts the risk that the User may win but not be able to receive a Prize.
The User will be notified of all his winnings on the App and all the activity on his Account will be notified by way of push notification, and in game invoices.
- LIMITED USER
- The User agrees and undertakes not to sell, trade, resell or exploit for any commercial purposes, any portion of the Services. The User further agrees and undertakes not to copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, transfer, or sell any information, software, products, Services or intellectual property obtained from the App or the Platform in any manner whatsoever.
- The User represents that he shall not use the App or its Services for any illegal purposes as per the Applicable Laws.
- DISCLAIMER OF WARRANTIES
- The Company has endeavored to ensure that all the information provided by it on the App and the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information displayed on the App or the Platform. The Company makes no warranty, express or implied, concerning the Platform and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of information displayed and communicated through or on the Platform, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information as is displayed or communicated through or on the Platform.
- The Company shall have the right to endorse brands (through advertisements or otherwise) on the Platform and shall also have the right to conduct a Game on the Platform which may be sponsored by any such brand (“Sponsor”) that the Company may associate with. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
- Unless prohibited by Applicable Law, the acceptance of a User to play the Game constitutes the User’s permission to use his name, submissions, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner that the Company or the Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions and constitutes the User’s consent to disclose his personally identifiable information to third parties. Notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, the User’s acceptance of a Prize constitutes his authorization to:
- In no event shall the Have Sponsor (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audio visually record the User;
- There may be information on the Application that contains typographical errors, inaccuracies, or omissions that may relate to the Application, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Application at any time, without prior notice.
- Have Sponsor (and its agents, consultants and employees) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, process and otherwise exploit any results of such activity (including without limitation any manner in which such activity may be recorded or remembered or modified) or derivatives or extensions or limitations thereof in any manner that Sponsor sees fit, in any medium or technology known or hereinafter invented, throughout the universe in perpetuity, including without limitation for illustration, art, promotion, advertising, trade or any other purpose whatsoever; and
- Have relinquished any right that the User may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
- Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User's transmissions or data; (c) any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing of the Services.
- The Company shall not be responsible for the delay or inability to use the Services on the App, the provision of or failure to provide the Services, or for any information, software, products, Services and related graphics obtained from the Company through the App, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the App during periodic maintenance operations or any unplanned suspension of access to the App that may occur due to technical reasons or for any other reason whatsoever. The User understands and agrees that any material and/or data downloaded or otherwise obtained from the Company through the Platform is done entirely at his discretion and risk and he will be solely responsible for any damage to his equipment including a phone, internet access, etc., or any other loss that results from such material and/or data.
- These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by Applicable Law.
- LINKS TO THIRD-PARTY WEBSITES AND CONTENT
- The App may contain links to other websites or may contain features of any nature of other websites on the App ("Allied Sites"). The Allied Sites are not under the control of the Company and the Company is not responsible for the contents of any Allied Site, including without limitation any link or advertisement contained in the Allied Site, or any changes or updates to the Allied Site.
- Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by the Company, and we are not responsible for any Third-Party Websites accessed through the Application or any Third-Party Content posted on, available through, or installed from the Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
- The Company is not responsible for any errors, inclusions, omissions or representations on any Allied Site, or on any link contained in the Allied Site. The Company does not endorse any advertiser on any Allied Site or on any link contained in the Allied Site, in any manner. The User is requested to verify the accuracy of all information on his own before undertaking any reliance on such information.
- You agree and acknowledge that any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You also agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
- USER'S OBLIGATIONS / PROHIBITED ACTIVITIES
- The User's rights on the Platform are conditioned upon compliance with each of the following:
- the User will not create or submit anything that is unlawful, pornographic, defamatory, libelous, obscene, threatening, harassing, discriminatory, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or Government of India's guidelines ("Applicable Laws"), or that infringes or violates other parties' intellectual property rights or links to infringing or unauthorized content;
- the User will not embed, re-publish, maintain and/or display any App content on any web site or other Internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates other parties' intellectual property rights or links to infringing or unauthorized content;
- the User will not provide false information about him or anyone else (including, without limitation, if and when the User is being asked on the App to provide accurate information about the User's age), and the User will not impersonate or appear to impersonate anyone else or otherwise misrepresent the User's affiliation with any person or entity;
- the User will not use any one or more of the Licenses (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the App, unless the User would have obtained prior permission from such user to do so;
- the User will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Platform (or any parts thereof);
- the User will abide by all copyright notices, information, restrictions contained in or associated with any of the App content;
- the User will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on the Platform;
- the User will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geo-filtering and/or encryption) associated with the Platform;
- the User will not use any of the rights granted to him or any of the Platform content in a manner that suggests an association with any of the Company's products, Services or brands, unless otherwise specifically permitted by the Company;
- the User will not do anything on the App that would prevent other users' access to or use of the App or any part thereof
- the User, upon a request from the Company, shall provide all the necessary documents to show his proof of residency in India;
- The User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from accessing and using the App and availing the Services under the laws of India or other Applicable Laws.
- The User acknowledges and agrees that: The Company might provide to the User.
- The option to purchase at a cost, additional chances of playing the Game (“Extra Lives”)
- The option to use a special code designated for every Account (“Referral Code”) in relation to other Users or a special code provided by the Company to the User to get (Extra Lives or Powers) .
- Between the Company and the User, the Company owns all right, title and interest in the Services and the App;
- To avail a Service through the App, the User has and must continue to maintain at his sole cost:
- All the necessary equipment including a phone, internet access, etc. to access the App and/or avail the Services; and
- Own access to the World Wide Web. The User shall be responsible for accessing the App and/or availing the Services which may involve third party fees including, airtime charges or internet service provider's charges etc which are to be exclusively borne by the User.
- The User also understands that the Services may include certain communications from the Company as service announcements and administrative messages. The User understands and agrees that the Services are provided on an "as-is-where-is" basis and that the Company does not assume any responsibility for deletions, mis-delivery or failure to store any User communications or personalized settings.
- LICENSE AND PROPRIETARY RIGHTS
- the License to access, view and otherwise use the Platform (including, without limitation any information or Services provided on or through the Platform) for the personal and lawful use only by the User, as intended through the normal functionality of the Platform; and
- The content of the App and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by the Company and/or its licensors and are protected by applicable Indian and international copyright and other intellectual property laws. The User acknowledges, understands and agrees that he shall not have, nor be entitled to claim, any rights in and to the content of the Platform and/or any portion thereof.
- The Company may provide the User with content including information, sound, photographs, graphics, video or other material through the Platform. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by the Company and shall not copy, transmit or create derivative works of such material without express authorization from the Company.
- The User acknowledges and agrees that he shall not upload, post, reproduce or distribute any content on the Platform that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
- The winner shall be responsible and liable for all taxes in connection with the Prize.
- All prizes shall be subject to deduction of tax as per the INCOME TAX ACT 1961. As of April 1,2018,the tax rate prescribed by the Government of India with respect to and prize money amount that is in excess of Rs. 10,000 (ten thousand) then 31.2% will be deducted of the total prize from User as tax.
- The User hereby consents and agrees that the Company may withhold any such amount from his Account that any tax authority requires the Company to do so, or the Company is otherwise required by law or pursuant to agreements with any tax authority to do so, or if the Company needs to comply with internal policies or with any applicable order or sanction of a tax authority.
- The Company and the User hereby agree to keep the data, information and terms of the Account ("Confidential Information") confidential and shall not disclose the same without the consent of the other.
- The parties shall not be liable for breach of the above clause when the Confidential Information is disclosed pursuant to an order of any court or government authority and/or in performance of this contract by the Company and/or when the parties independently obtain it from a third party.
- The Company believes that the User's actions may infringe on any third-party rights or breach any Applicable Law or otherwise result in any liability for the User or other Users of the App.
- Either the User or the Company may terminate this Agreement with or without cause at any time to be effective immediately.
We may provide you areas on the Application to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.18. MOBILE APPLICATION LICENSE Use License
LIMITATION OF LIABILITY AND INJUNCTIVE RELIEF
- The User understands and expressly agrees that to the extent permitted under Applicable Laws, in no event will the Company or any of its affiliates or group companies or any of their respective officers, employees, directors, shareholders, agents, or licensors be liable to you or anyone else under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from the User’s use (or the use of anyone using an account registered to the User) of the Platform or any parts thereof.
- Notwithstanding anything to the contrary herein, the User hereby irrevocably waives any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any the Company or any of its affiliate or group company related project, or the use, publication or dissemination of any advertising in connection with such project.
- FORCE MAJEURE
"Force Majeure Event" means any event due to any cause beyond the reasonable control of any Party, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, flood, explosion, acts of God, civil commotion, riots, insurrection, war, acts of government.
The application is provided on an as-is and as-available basis. You agree that your use of the application services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the application and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the application’s content or the content of any application linked to this application and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the application, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the application, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the application by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the application. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the application, any hyperlinked application, or any webapplication or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
- All notices and communications from the User to the Company in relation to the Platform and/or any of the Services (including those termination of any of the Services etc.) shall be in writing. The User shall be deemed to have been given a notice if sent by an email or posted within the Platform.
- Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
- ENTIRE AGREEMENT
- COMMUNICATION BETWEEN US
- If we have to contact you or give you notice in writing, we will do so by in-App chat, e-mail, or SMS to the mobile phone number or email address you provide to us in your request for the App.
- GOVERNING LAW