1. Introduction
This user agreement (the "Agreement"), which includes
those terms and conditions expressly set out below and those incorporated by reference including the
terms of the Privacy Policy and the Game Rules (as defined in section 9 below) is an agreement
between you (the "User", "you" and "your"), and TechMarshal Software
Private Limited and its licensors, subsidiaries, associates, affiliates and partners (the
"Company", "us", "we" and "our") which governs your use of
the products and services ("Services") provided by TechMarshal Software Private Limited
(the "Company") through the www.rupayrummy.com website (the "Site") and
associated software ("Software"). By using any of the Services you are agreeing to all the
terms of this Agreement. If any of the terms of the Agreement are determined to be unlawful,
invalid, void or unenforceable for any reason, it shall not affect the validity and enforceability
of the remaining terms. Any failure or delay on our part to act or exercise any right or remedy with
respect to a breach of any of the terms of this Agreement by you shall not be construed as a waiver
of our right to act with respect to the said breach or any prior, concurrent, subsequent or similar
breaches.
2. Agreement
You should ensure that you read, understand
and agree with all the terms and conditions contained in the Agreement, before you may use the
Services. You should only use the Services if you have read and understood the Agreement and agree
to abide by its terms and conditions. If you have any questions about the Agreement please contact
us at support@rupayrummy.com We reserve the right to amend, modify or change any of the terms of
this Agreement at any time, and it is advisable to regularly look at these terms. We shall give
notice of such changes ("Notice") either by email notification to the email address
provided to us by you upon registration, or by posting the amended Agreement on the Site. Such
modifications could include changes to any of our Game Rules. If you do not agree with the terms of
the amended Agreement, you may terminate your use of the Services by notifying us that you wish to
terminate your Account. Your continued use of the Services will be deemed to constitute your
acceptance of the changes to the Agreement.
3. Ownership
Use of the
www.rupayrummy.com name and any of the other names or marks associated with the Site, the Services
or the Software is strictly forbidden, unless it is used with the express written permission of the
Company. The Site, the Services and the Software, including its code, documentation, appearance,
structure, and organization is an exclusive product of the Company, which retains all rights,
tangible and intangible, to the www.rupayrummy.com website, the games therein, software, codes,
copies, modifications, or merged parts.
4. Eligibility
Competitions
and tournaments organized by "Us" on the Website may be of several types including Cash
Tournaments, Promotional Tournaments, and Practice Tournaments. In order to use the Services, a User
must register for a user account ("Account"), and truthfully and accurately provide all
mandatory information. In order to participate in Practice Games (as defined in section 4.3 below),
you must be at least 18 years old. In order to participate in Real Chip Games, you must satisfy the
following criteria at all times: You must be at least 18 years old, and must not suffer from any
disability or impairment which would prevent you from assuming the responsibilities contained in the
Agreement, or from participating in the Games which are offered as part of the Services. You must be
a resident of India. You must access the Services while located within the Eligible Territory. You
must possess a valid PAN number, which will be associated with your Account and which you will
provide to us upon request. You must satisfy yourself that it is legal for you to participate in
Real Chip Games in the specific jurisdiction from which you are accessing the Services. The
"Eligible Territory" is defined as being the territory of India excluding the states of
Assam, Telangana, Nagaland, Odisha, and Sikkim. 'Real Chip Games' are defined as being any
games or tournaments which are part of the Services and require the User to maintain a non-zero cash
balance ("Cash Balance") in their Account. Any game other than a Real Chip Game made
available by the Company through the Site or the Software, is defined as a 'Practice Game'.
All Real Chip Games and Practice Games shall be collectively defined as 'Games'. Users who
do not fulfill the above criteria are expressly barred from participating in Real Chip Games, and
would not be entitled to receive any prizes which they may win as a result of participation in Real
Chip Games. You understand and acknowledge that participation in Real Chip Games may result in
financial loss to you, and agree that your participation is completely voluntary. You undertake full
responsibility for any such financial losses, and agree that you will not under any circumstances
hold the Company responsible for such losses. You understand and accept that by viewing or using the
Site or availing of any Services, or using communication features on the Site, you may be exposed to
content posted by other Users which you may find offensive, objectionable or indecent. You may bring
such content posted by other Users to our notice that you may find offensive, objectionable or
indecent and we reserve the right to act upon it as we may deem fit. The decision taken by us on
this regard shall be final and binding on you.
5. Description of
Services
We provide valid, registered Users the opportunity to access and play
online games of skill. The Company provides software and IT services to enable games of skill to be
played with other individuals over the internet. The Services provided by the Company are only
intended to facilitate games of skill, and are for entertainment purpose only. The Company levies a
charge ("Service Charge") for Real Chip Games, which would be inclusive of service tax as
may be applicable. The Service Charge may vary from time to time and from one Real Chip Game to
another.
6. Your Account
You may only have one Account, and your
Account is to be used solely by you. You undertake all the information provided by you at the time
of opening the Account, or provided by you subsequently upon request by the Company, is true,
complete and correct. You further undertake to keep all such information which has been provided by
you up to date at all times, by making necessary changes or intimating the Company when such details
change. You undertake to provide proof relating to any such information, including copies of
documents such as your PAN card, or address and identity proof, upon request by the Company. You
understand that the Company may take steps to verify any such information provided by you. Your
continued use of the Services, including but not limited to your ability to make Cash Credits and
Cash Withdrawals, is subject to the Company's continued satisfaction that all such details
provided by you are true, complete and correct. You are prohibited from using the Services by means
of an Account registered in the name of any other individual. Should you attempt to open more than
one Account, under your own name or under any other name, or should you attempt to use the service
by means of any other person's account, we will be entitled to close all your Accounts and bar
you from accessing or using the Services in the future without notice. You shall not share the
password to your Account, or any other confidential or sensitive information associated with your
account, with any other individual. The Company is not responsible if your account is accessed by
others using your password or other confidential details or information.
7. Cash
Balance
In order to participate in Real Chip Games, you are required to maintain a
Cash Balance in your account. In relation to such Cash Balance, you undertake/ understand the
following: All credits to your Cash Balance ("Cash Credits") must be through the
third-party payment gateway(s) made available on the Site by the Company. The Company is not
responsible for authorization/denial of any such transactions, and such transactions are subject to
and must be undertaken in accordance with the terms and conditions specified by such third-party
payment gateways. The Company may however reverse any transaction, in which case the relevant amount
would be refunded to the instrument/account which was used to perform the transaction. All Cash
Credits must be through instruments/accounts which belong to you and are in your name. All
transactions on the Site must be conducted in Indian Rupees. Any winnings in Real Chip Games will be
credited exclusively to the Cash Balance of your Account. Any withdrawal of amounts from your Cash
Balance ("Cash Withdrawal") may be carried out only in accordance with the terms of this
Agreement. The Company may impose daily/per-session limits, or other types of limits, upon your
ability to perform Cash Credits or Cash Withdrawals, in order to encourage responsible play as well
as to prevent unauthorized or illegal activity. You will be informed of such limits at the time when
they are imposed, and will also be informed of any change to such limits. While you may request that
such limits be modified, the Company reserves the right to impose and modify such limits using its
sole discretion. Cash Withdrawals may be requested by you at any time, subject to any limits which
have been imposed. Such Cash Withdrawal will be effected by the Company by way of bank transfer to
your bank account. Your preference in this regard will be given due consideration. Please note that
any Cash Withdrawal will be effected by the Company only in favour of an Indian Rupee account in
your name. Cash Credits and Cash Withdrawals are subject to any charges/fees levied or charged by
banks, payment gateways, processors, or other financial institutions or intermediaries. The Cash
Balance does not carry any interest. The Cash Balance is not transferable or negotiable, except to
the extent as may be expressly permitted by the Agreement. Further, no Cash Withdrawal will be
allowed from the Cash Balance associated with an Account, unless the relevant User has played
sufficient number of Real Chip Games (which may be determined solely by the Company in its
discretion) subsequent to the last recorded Cash Credit. In the event that, for a period of more
than six months, you (i) maintain a Cash Balance of Rs. 300 or more, and (ii) fail to participate in
a Real Chip Game, the Company will refund the entire amount of the Cash Balance to you by issuing an
account payee cheque in your name which will be sent by registered post to the correspondence
address associated with your Account. In the event the cheque is returned to us without being
encashed on two separate occasions, the Company reserves the right to hold the amount of such Cash
Balance in trust, forfeit such Cash Balance, or otherwise deal with such Cash Balance as it deems
fit. In the event that, for a period of more than six months, you (i) maintain a Cash Balance of
less than Rs. 300, and (ii) fail to participate in a Real Chip Game, the Company reserves the right
to hold the amount of such Cash Balance in trust, forfeit such Cash Balance, or otherwise deal with
such Cash Balance as it deems fit. A cash amount corresponding to the aggregate of Cash Balances of
all Users is maintained in unencumbered bank account(s) by the Company at all times, separate from
other funds of the Company. Such Cash Balances are available to be withdrawn at any time by Users,
subject to specific restrictions contained in the Agreement. To the extent permitted by law, the
claims of Users over amounts corresponding to their Cash Balances will be given preference over all
other claims. The Company is obligated to deduct tax at source ("TDS") in case of Real
Chip Games upon winnings of more than Rs. 10,000/- in a single 201 Pool Tourney or 101 Pool Tourney
or Best of 3 Tourney or Points Rummy Game or a single Tournament, as the case may be. In such cases,
winnings shall be credited to your Account after deducting TDS @ 30.09%. Please note that in
accordance with the provisions of section 6.1 above, you must possess a valid PAN and provide your
PAN details and proof thereof immediately upon request, in order to enable us to credit such
winnings and allow for Cash Withdrawals in this respect. These requirements and provisions may be
modified from time to time in accordance with changes to the relevant tax and other laws. The Prize
Pool is automatically split between 2, 3 or 4 players in 201 Pool Tourney or 101 Pool Tourney under
certain scenarios as mentioned in the Game Rules. We reserve the right to amend, modify or change
the rules for automatic splitting of the Prize Pool at any time. By registering and/or participating
in any 201 Pool Tourney or 101 Pool Tourney you agree to these Rules for automatic splitting of the
Prize Pool
8.Miscellaneous
You are prohibited from: undertaking any
activity through the Services, the Site or the Software that may be construed as money laundering
(either under the Prevention of Money Laundering Act, 2002 or otherwise), including, without
limitation, deliberately losing Real Chip Games to particular User(s), other forms of collusive or
fraudulent activity designed to transfer funds to or from other individuals, or making Cash Credits
through a credit card or similar financial instrument and attempting to make Cash Withdrawals in
another form without participating in Real Chip Games. posting, publishing or otherwise making
available to other Users through our Services, Site or Software, any content which is obscene,
defamatory, illegal, prejudicial to the Company, or is otherwise offensive without being illegal.
undertaking any activity which may be harmful to other Users or interfere with the functioning of
the Site, the Software or the Services, including but not limited to attempting to decompile the
Software, intercept communications with the Site, attempting to mask or spoof your IP address, or
uploading or spreading viruses or computer contaminants (as defined in the Information Technology
Act, 2000 or such other laws as may be in force in India). Employees, directors, consultants and
agents of the Company, and any of their immediate relatives, are prohibited from participating in
Real Chip Games in any manner, except any participation which may be required in the course of their
employment.
9. Game Rules
You agree to abide by the rules and
regulations of each of the Games as published and periodically updated (the "Game Rules").
You should ensure that you have read and understood the rules and regulations of the Games. These
Game Rules form part of the Agreement and can be found on the 'About Games' page of the
Site. Please read them now before using the Services. We may, from time to time, make additional
Games available as part of the Services. This Agreement will apply to any Game Rules relating to
such Games. We will let you know about, and give you the opportunity to read, such Game Rules at the
time of introducing additional Games to the Site. We reserve the right to determine the results and
winners of each of the Games in accordance with the Game Rules. By registering and/or participating
in any Game or tournament you agree by these determinations. We will post lists of winners on the
Site following each Game.
10. System Failures
In the event of a
server crash, breakdown, software defect, technical failure or any other failure attributable to the
Company or otherwise, including any natural disaster or other act of god, which results in
disruption to a Game, such Game shall be canceled, any associated amounts will be refunded to
participating Users, and no Service Charge will be levied upon such Game. You accept that the
Company is not liable to you in such cases in any manner, except to the extent hereby stated. The
Company is not liable for any potential winnings from any unfinished Game.
11.
Intellectual Property
All rights, tangible and intangible, including copyright and
other intellectual property rights, with regard to the Services, the Site and the Software, and any
content or information displayed or contained therein, belong exclusively to the Company, unless
expressly provided otherwise. The Company is merely permitting the User to play Games online and not
use the same for any other commercial gain, and no right of any nature whatsoever is being passed on
the user by virtue of permitting him / her to play the Game. Using the Services, the Site and the
Software does not, expressly or impliedly, give you ownership of any intellectual property rights in
the Services, Site or Software or the content or information you access. While the Company retains
all rights, including copyright, over any content which may be generated by Users, including but not
limited to the contents of chat messages or message boards/forums ("User-generated
Content"), you acknowledge that the Company is not responsible for such User-generated Content.
You understand that you will be accessing such User-generated Content at your own risk, and will not
hold the Company responsible for an obscene, defamatory, illegal or otherwise offensive
User-generated Content which may be displayed or accessible. Our Services, Site or Software may
display content which does not belong to the Company. The Company is not responsible for such
content, and this content is the sole responsibility of the person or entity that makes it
available.
12. Breach and Consequences
You acknowledge and agree
that in the event you commit a breach (as may be determined by the Company in its sole discretion)
of any of the terms of the Agreement, or the Company in its sole discretion determines that your
continued access to the Services is prejudicial to the Company, other users or the public interest,
the Company may take necessary action. Any such actions as enumerated above which may be taken by
the Company would be without prejudice to any other legal or equitable rights/remedies available to
the Company.
13. Limitation of Liability and Indemnity
The Company
shall not be liable for any claim, loss, injury, or damages (direct, indirect, incidental or any
other kind whatsoever) arising from or in connection with your use of the Services, the Site or the
Software. Notwithstanding anything to the contrary contained in the Agreement, you agree that our
maximum aggregate liability for all your claims against us, in all circumstances other than for
valid Redemption of any Cash Balance in your Account, shall be limited to Rs. 1,000/- only. You
agree to indemnify and hold harmless the Company against any claims, actions, suits, damages,
penalties, or awards brought against us by any entity or individual in connection with or in respect
of your use of the Services, the Site or the Software.
14.
Disclaimer
The Company expressly disclaims all responsibility and liability for
any harm resulting from: Your participation in, or cancellation of, any Game. Any activity or
transactions with third parties whom you may have connected to through the Services, the Site or the
Software, and Any User-generated Content, including any violation of intellectual property rights
with respect to such User-generated Content.
15. Warranty
The
Company makes no warranty or representations about the accuracy or completeness of the content
contained on the Site, the Services or the Software. The Site, the Services and the Software, and
all content, materials, information, services, and products contained therein, including, without
limitation, text, graphics, and links, are provided 'as is' and without warranties of any
kind, whether express or implied. The Company disclaims all warranties, express and implied with
regard to the merchantability and fitness for a particular purpose, non-infringement, freedom from
computer virus etc. of the Site, the Services or the Software. The Company does not represent or
warrant that the functions contained in the Site, the Services or the Software will be uninterrupted
or error-free, that defects will be corrected, or that they or the server that makes the Site, the
Services or the Software available are free of viruses or other harmful components. The Company also
reserves the right to limit your use of the Services or participation in any Game, or terminate your
Account, in case it determines that you have intentionally caused any malfunction or disruption of
the Services. The Company is not liable for any potential winnings from any unfinished Real Chip
Games.
16. Use of Services
Commercial use of the Services, Site or
Software is strictly forbidden. The User is only allowed to use the Software for his/her personal
entertainment. Under no circumstances shall a User be permitted to use his/her Account for any
purpose other than for playing the Games. The Company reserves the right to monitor any effort to
establish multiple accounts; in the event the Company discovers that you have opened more than one
Account per person, all additional accounts will be closed without notice and continued violation
will result in the termination of any and all of your Accounts and the Company may void any
associated winnings. The User may not attempt to modify, decompile, reverse-engineer or disassemble
the Software in any way. The use of external player assistance programs ("EPA Programs")
or artificial intelligence, including, without limitation, 'robots' is strictly forbidden in
connection with the Services, the Site, the Software and the Games. All actions taken in relation to
the Games by a User must be executed personally by the User through the user interface accessible by
use of the Site and/or the Software. You agree that TechMarshal Software Private Limited may take
steps to detect and prevent the use of EPA Programs, robots/ bots, or any form of artificial
intelligence. Such action may include, but is not limited to, the examination of software programs
running concurrently with the TechMarshal Software Private Limited Software on the User's
computer.
17. Collusion and Fraud Prevention
In order to ensure
fair play for all users of the Services, we have taken steps that will prevent you from colluding
with other players in order to win/lose or otherwise determine the outcome of a Game. By accepting
the Agreement you agree that you will not play the any Game in partnership with or by communicating
with other players to give undue benefit to you or other players. In case a player is found to be
involved in such activities the Company has the right to withhold the Cash Balance in your Account
and to cancel and close the Account without any communication to you. The Company retains the sole
right to determine what constitutes collusive or fraudulent activity in relation to the Services,
and its decision in such matters shall be final. In the event the Company finds collusion, fraud or
any other unfair practices, it has the right to cancel any such Games and refund the points/amounts
involved in any such Games.
18. Refunds
In case of an accidental/
erroneous Cash Credit or other similar event, you may request for a refund of such Cash Credit
transaction ("Refund") within 2 weeks of initiating such transaction. The Company, after
determining in its sole discretion whether such Refund request is genuine, and that you have the
requisite Cash Balance in your account, will process the Refund request within 2 weeks. Any Refund
will be carried out only to the instrument which was used to carry out the corresponding Cash Credit
transaction, and no requests for an alternate mode of Refund will be entertained under any
circumstances.
19. Bonus Amounts
The Company may, from time to
time, credit bonus amounts ("Bonus Amounts") to your Account in connection with
promotional offers or other schemes. Notwithstanding anything contained elsewhere in the Agreement,
Bonus Amount Issued or Cash Withdrawals or Refunds in respect of such Bonus Amounts shall be
processed/ fulfilled solely at the discretion of the Company, and the User has no automatic right to
a Cash Withdrawal or Refund in respect of such Bonus Amounts.
20.
Disconnections
The Company will not be liable for any network disconnections on
the User's computer or any other external networks. In case of any disruption of services while
a Game is in progress, the Company will cancel the Game and refund the points/ Real Chips
irrespective of the status of the Game.
21. Third Party Sites
The
Site may provide links to third-party web sites. Third parties and third party web sites may have
different privacy policies, terms and conditions and business practices than we do. Your dealings or
communications with any party other than the Company are solely between you and that third party.
Reference on the Site to any product, process, publication or service of any third party by trade
name, domain name, trademark, trade identity, service mark, logo, and manufacturer or otherwise does
not constitute or imply its endorsement or recommendation by the Company.
22.
Governing Law
This Agreement shall in all respects be governed and interpreted by,
and construed in accordance with, the laws of India.
23.
Jurisdiction
All disputes, complaints, differences etc., shall be subject to the
exclusive jurisdiction of the courts at Mumbai, Maharashtra, India.
24.
Disconnections
While participating in a Real Chip Game, a User takes full
responsibility for the risk of internet disconnection or communication interferences between their
computer and the Company's servers, any lag or freezing of the game or Software, and any
problems attributable to their own computer or network connection. Other than a crash of the
Company's servers, the Company does not take any responsibility for any of the player's
disconnections from the server. As the Company is aware that internet disconnections or other
disruptions may occur, players will remain on the table and can continue to play the Game once the
connection is back online, until they are eliminated.
25. Contact
us
Please contact support@rupayrummy.com for any questions or complaints or for
any change in personal information or if you forget your password or user name or if you suspect
that your account / username / password has been compromised.
26. Artificial
Intelligence
Artificial Intelligence (AI) makes sure you don't lose out on
your session even after a connection drops during game play. AI is just to help players by
minimizing their count instead of awarding drop points and does not guarantee 100% accuracy. By
referring to the terms on the website you agree that any miscount when AI melds for your turn would
not a cause of concern for you and you agree to the below points. AI is not available in all games.
Check for the 'AI' badge in games wherever AI is available. AI is to make sure that lesser
count is given for players who get disconnected instead of Drop Points. There are many ways to meld
the cards and AI will only try to meld cards as per a best possible way and does not guarantee least
count or 100% accuracy. Management is not responsible for any errors or variations in scores awarded
that arise when AI has melded the cards. Management is not responsible if AI doesn't work in any
game where it is available. Management has the right to make changes or remove AI at any point of
time without prior notification.
27. Accepting the terms and
conditions
You undertake to have read and abide by the above terms and
conditions.
28. Termination by User
You may cease using the
Services and terminate your Account at any time, by writing to us at support@rupayrummy.com and
informing us of your intention. Subject to such restrictions as may be applicable to Cash
Withdrawals, the Company will refund the entire amount of your Cash Balance to you at this time.