Disclaimer:

 

IML is India's First & Only 100% Skill based game to win real money. IML is only available for people who are above 18 years of age only in those Indian states where skill gaming is allowed by regulations.

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Spiel Studios Private Limited is the sole owner of and reserves the right to IML trademark, logos, assets, content, information, etc. used in the website except for the third-party content. Spiel Studios Private Limited does not acknowledge the accuracy or reliability of third-party content.

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The following terms and conditions ("Terms") govern your access to the IML Application ("Application"/"App"), the Platform (defined below) and use of the services offered through the Application (the "Services"). These terms and conditions (hereinafter "Terms"or "Agreement") constitute a binding agreement between you (hereinafter "you" or "your") and Spiel Studios Private Limited, having its registered office at 7, Swastik Society, Gulmohar road, Vile Parle - W, Mumbai 400056, India (hereinafter referred to as "we" or "us" or our, which expression shall include its successors, licensors, assignors, assignees, affiliates, partners, owners by whichever name called).

 

The Application can be downloaded from the Apple App Store, subject to its terms and conditions and the privacy policy. It may also be available for download through our website www.playiml.com, and other web portals as may be applicable from time to time (collectively, the "Platform").

 

State Restrictions: Any user residing in the states of Assam, Odisha, Nagaland, Sikkim, Andhra Pradesh, Tamil Nadu, Meghalaya and Telangana and any other state as notified by the central/state government/court ruling in India from time to time ("Restricted States") are prohibited from participating in any Games on the Application. It is hereby clarified that some of the Restricted States such as Meghalaya and Nagaland have requirements where games of skill for stakes may only be offered upon obtaining relevant licenses. Accordingly, at present the Games and the services available on the Application are open only to persons currently residing in India and who are not resident of any of the Restricted States. If you access the Service or any Game from any of the Restricted States, you shall be entirely liable for any legal or penal consequences and we shall be entitled to terminate your account and/or freeze/forfeit the balance in your Winnings Wallet on the Application.

 

Please read these Terms carefully before you use the Application or any Service offered through the Application. If You do not agree with any part of these Terms, kindly refrain from using any Service, or accessing the Application and/or the Platform.

 

By downloading, installing or using the Application and/or the Services, you represent that you are competent to enter into this contract under the laws of India and further signify your agreement to be bound by the Terms. Your continued use of the Application and/or the Services offered through the Application will imply your acceptance of the conditions contained under these Terms. We grant such users a non-transferrable, limited, non-exclusive and revocable privilege to register an Account on and use the Application.

 

These Terms constitute an 'electronic record' within the meaning of the laws of India (including the Information Technology Act, 2000) and are generated by a computer system and do not require any physical or digital signatures. These Terms have been published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines) Rules, 2011.

 

We reserve the right to periodically review, update, change or replace any part of these Terms at our sole and absolute discretion without any prior notice to you. You must visit this page periodically for updates on the Terms.

 

Your continued usage of the Platform and/or the Application after any such update, change, replacement or modification to these terms constitutes your valid consent to such changes.

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1. Application

The Application offers a skill based online real money game developed and owned by us ("Games") and tournaments in relation to it, where users compete with one another ("Contest"). Contests require you to pay an entry fee for participation. We may at our sole discretion allow you to use some of our Services or part of Services free of charge while other features may be chargeable (refer to "Payment Terms" below).

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2. Game of Skill

The Game on the Application is a Game of Skill (defined below). The game will reward your Mathematics skills. Your success or/and performance depends predominantly upon the superior knowledge, training, attention, experience and adroitness ("Games of Skill") in playing the game and less on chance. ‘Games of Skill’, under Indian law, are excluded from the ambit of gambling legislations including, the Public Gambling Act of 1867 and other state enactments.

 

Given the above background, the individuals residing in the Restricted States (defined below) should not participate in Games offered on the Application. Any participation by such individuals shall be at their sole risk and discretion and we shall not be liable to refund or reimburse any injury or damages suffered by such individuals.

We reserve the right to monitor all activities from your Account on the Application to ensure compliance with law. If you participate in any Games in violation of any central and/or state law(s) in India, we reserve the right to cooperate with law enforcement agencies of the relevant state and report such participation or/and suspicious activity along with all your relevant details.

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We do not support, endorse or offer ‘games of chance’ for money. The Game available on the Application has clearly defined rules. You are encouraged to read, understand and follow these rules to be successful in the Game. We shall not be liable if you do not adhere to the Game rules or otherwise engage in gambling or betting activities on the Application, which shall solely be at your sole risk.

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3. Eligibility

The Application and/or the Services and/or the Platform must only be used or accessed by persons who are competent to enter into a legally binding contract under the Indian Contract, 1872. If you are a minor (i.e. you are under the age of 18 years), you must not use the Application or Services or the Platform.

 

No person who is involved in the development of the Application and/or Services can participate in any Games, where such participation could alter, modify or unduly influence his/her performance on the Game, without our express written permission and subject to such terms and conditions as we may seek to impose on such person.

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We reserve the right to terminate your Account (defined below) and/or deny access to the Application/Services/Platform if it is brought to our notice that you have violated the Terms/Privacy Policy or applicable law.

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4. Nature and use of the Application

Application: The Application is an online platform which allows you to play skill based online real money game with other users. You can choose your own name and avatar in the Application.

 

More information about the Application and the Services is available on our website at www.playiml.com.

You can download the Application from Apple App Store, subject to the terms and conditions and the privacy policy of the app store, or from the website.

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Registration: You can use and/or access the Application and the Services by creating an account on the Application using your mobile device by providing Your registered mobile number. Your identity will be verified using a one-time password ("OTP") authentication. Upon successfully verifying the OTP, an account will be created for You on the Application ("Account").

 

You agree that your use and/or access to Services requires you to provide the following details: your mobile number, name, declaration of name of the state you are resident of, declaration that you are above 18 years of age and any other additional authentications at our sole discretion. By using the Application, you agree to limit access to your mobile device to prevent unauthorized use of your Account on the Application or any unauthorized access to and use of the Services using your credentials. You will be responsible for any activity under your Account for informing us immediately if you have any reason to believe that your Account is likely to be used in an unauthorized manner. Please ensure that the details you provide us are accurate and complete and inform us immediately of any changes to the information that you provided when signing-up.

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Representations and warranties: By registering for an Account, You represent, warrant and agree that:

a) You fulfil the eligibility criteria under these Terms, including but not limited to your state of residence and your age.

b) You are using Your actual identity and the mobile phone number you have provided is registered in Your own name. You will not be able to change the mobile number associated with your Account.

c) You will provide only true, accurate, current, and complete information about Yourself, including but not limited to information such as your name, mobile number, place of residence, age on the Application ("User Details");

d) You will maintain and promptly update the User Details and other information that You provide on the Application to keep it true, accurate, current, and complete.

e) You acknowledge that some of your User Details may be accessible to other users on the Application and shall be available to us to create promotional and interactive content.

f) Your Account is for Your personal use only. You shall not impersonate someone else. By creating an Account after providing a mobile phone number and verifying it using an OTP, You represent, warrant, and agree that You are authorized to use the Platform/Application and will abide by the Agreement.

g) You are solely responsible for all activities that occur with Your device. If you become aware of any unauthorised use of your device, You are required to notify us and the relevant authorities as soon as possible.

 

5. Participation in Contests

You may use the Application to participate in a variety of Contests available on the Application. In order to participate in a Contest, subject to clause 7, you shall be required to pay an entry fee on the Application which shall be deducted from the relevant wallet as per the Payment Terms below.

 

You may participate in Contests by contributing a pre-specified entry fee. The amount pooled by players shall be in the form of a virtual ledger. We charge a platform fee from the user(s), for offering our platform for hosting the game and providing Services to the users. The platform fee is a rake % of the entry fee, which is applicable to all users.

 

You may participate in a Contest wherein you have to contribute a pre-specified entry fee towards the prize money pool for such Contest, which will be passed on to the winner(s) of the Contest in the form of ‘Winning Amount’ after the completion of the Contest as per the terms and conditions of such Contest. Such Winning Amount shall be credited to the Winnings Wallet of the user who wins the Contest.

 

Each Contest has a predetermined limit on the number of users that can participate and a specified time before which entries must be made. A Contest is deemed to be a valid Contest on the Application, only if the requisite number of Users register for the Contest before the prescribed entry time.

 

Any amount received by us as an entry fee for participation in a Contest shall be non-refundable, except in the event that a Contest has been cancelled.

 

Contests shall be announced by us on the Application from time to time in any manner that is convenient to us, and we reserve the right to extend the participation and time limit for registration, cancel any Contest, and modify any terms, with or without due notice to the users of the Application.

 

We do not issue receipts for entries in the Contests. The entries are accounted for within the Account of the user on the Application.

 

You agree that applicable taxes, levies and any other Statutory/Govt. dues by whatever name called, in relation to the Games and Contests may be payable by you if required under applicable law. that we assess on your purchase. We reserve the right to change the price and specifications shown in relation to the Application, including but not limited to any subscription, deals, Games etc.

 

All prizes (including Winnings Amount) are non-transferable and non-refundable.

 

6. Payment Terms

In respect of any transactions entered into on the Application, including making a payment to participate in the Contest(s), you agree to be bound by the following payment terms

• Subject to these Terms, all amounts collected from you in form of 'entry fee' are held in non-interest earning accounts, which are separate from Spiel's bank account. To clarify funds held in user accounts are distinct and separate from Spiel's corporate funds.

• We keep all the amounts forming part of the user's wallet balance unencumbered and all amounts due and payable to you as per these Terms and Game Terms shall be remitted to you in due course subject to the Terms.

• We may, at our sole discretion, give discounts or may provide certain subscription packs in accordance with Clause 7 below.

• It is clarified that we have no right or interest in this prize money pool, and only act as an intermediary engaged in collecting and distributing the prize money pool in accordance with the Contest terms and conditions. The amount to be paid-in by you towards the prize money pool would also be debited from your wallet balance.

• Any user availing the Services are provided with three categories of wallets for the processing and reconciliation of payments: (i) Deposit Wallet, (ii) Bonus Wallet; and (ii) Winnings Wallet.

  • Amounts in the Deposit Wallet can only be used towards enabling a user’s participation in a Contest and cannot be withdrawn.

  • You can make the first withdrawal from the Winnings Wallet only upon having made a certain deposit to the Deposit Wallet. This may vary for certain users and may change at our sole discretion.

  • Your winnings in any Contest will be credited to the Winnings Wallet.

  • Only amounts in the Winnings Wallet can be withdrawn and this can be done using the user’s Paytm’s account or can be used towards participating in any Contest. We may specify minimum and maximum thresholds for withdrawals at our sole discretion. Further, any user is allowed to make a withdrawal only once per day. The above-mentioned limits may be changed at any time at our sole discretion.

  • Subject to other Terms, You shall be eligible to withdraw from the Winnings Wallet provided you have added amount to the Deposit Wallet at least once. We reserve the right to quantify the deposit amount that needs to be made in order for you to be eligible for withdrawal from the Winnings Wallet, and also modify such amount.

  • Only a fixed percentage of the Bonus Wallet amount may be used towards entering into a Contest at one time.

  • Bonus forming part of the Bonus Wallet or any other wallet is granted as per various business promotion strategies that may be run by us from time to time at our sole discretion. We are free to put such restrictions on its availability, utilisation, inherent discount benefits, time validity, etc. or change its terms as it may be decided from time to time at our sole discretion. The validity of the relevant bonus amount forming part of any wallet may be mentioned along with the offer during time of purchase or may be shown in the transaction history on the Application, however we are not bound to display the validity.

  • Eligibility of bonus is restricted to once per user or mobile device. Other conditions as to eligibility or restrictions with respect to bonuses may be applicable as provided by us from time to time at our sole discretion.

  • You shall not be permitted to transfer into Bonus Wallet or request the transfer of any amount from the Bonus Wallet or withdraw any amount from Bonus Wallet.

  • The bonus amount that is used towards entering into a Contest is only meant to be utilised for game play. Hence, if a user wins the Game, the invested bonus amount would be credited back first to the Bonus Wallet. For example, user pays Rs. 2 from Bonus Wallet and wins a pool of Rs. 3.2, the bonus amount of Rs. 2 will be credited back to the Bonus Wallet, and Rs. 1.2 will be credited to the Winnings Wallet.

• Each time you participate in any Contest, the entry fee shall be debited from the relevant wallet(s) as per this clause. In debiting amounts from the wallet towards the pre-designated amount for participating in any Contest, such amount shall first be debited in the following order: (1) Deposit Wallet ; (2) Bonus Wallet; and (3) thereafter, any remaining amount of participation fee shall be debited from the Winnings Wallet. Notwithstanding anything contained herein, the complete Signup bonus (that is the bonus amount credited to your account at the time of signing up on the Application for the first time) can be used towards playing the Game on the Application.

• In case there is any amount remaining to be paid by you in relation to your participation in any Contest(s), you will be asked to link your account to your Paytm wallet (made with the same registered mobile number as on the Application) to give effect to such payment. In case any amount added by you through Paytm payment gateway (which includes UPI/bank account transfer etc.) exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to your Deposit Wallet and will be available for use in participation in any Contest(s).

• All amounts credited into the Winnings Wallet or deposited in the Deposit Wallet must be utilised within 365 days of credit. In case any unutilised amount lies in the Deposit Wallet or Winnings Wallet after the completion of 365 days from the date of credit of such amount, we reserve the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to you. We will be keeping records pertaining to the Account and the transactions for the time period permitted and required by applicable law.

• The Winnings Amount forming part of the Winnings Wallet may be withdrawn by you from your Winnings Wallet, subject to the completion of KYC verification (above a certain amount) and will be subject to TDS deductions.

• In the event that we discover through our KYC process that a user has flouted any Terms, then we will take certain actions against the user including but not limited to banning such a user's Account on the Application.

• We require users to submit KYC details when their account reaches INR 10,000 in cumulative transactions, and also flag accounts for KYC at random to ensure compliance with applicable law.

• Withdrawal of any amount standing to your credit in the Winnings Wallet may be made by way of a request by the user on the Application. No amount from the wallet shall automatically be credited to your bank account.

• We shall charge a withdrawal fee of 5% at the time of withdrawal from the Winnings Wallet. For example, if the amount that is to be withdrawn is Rs. 100, then the user would be able to get Rs. 95 in his/her Paytm wallet.

• You may please ensure that the mobile number linked to your paytm account is the same as the one that you used to create an account on the Application. Please note that you may not be able to transfer money from your Winnings Wallet if this is not the case, and we shall not be liable or responsible for such a scenario.

• In cases where the transfer of amount(s) has been requested by the user, we shall effect the transfer to your Paytm wallet linked to your Account through Paytm within a commercially reasonable period of time. Such transfer will reflect as a debit to your Paytm account. You may be required to provide identity/address proof towards completion of KYC in case the winning amount exceeds a certain threshold or if you meet certain parameters as determined by Spiel and as communicated in the Application from time to time. You agree that in such cases you are required to provide the necessary details as requested by us in order for us to process the withdrawal request. We will not be able to process your withdrawal request upon your failure to provide such information or address/identity proof where required. The name mentioned on your identification documents should correspond to the name provided by you at the time of registration on the Application, as well as the name existing in the Paytm records. In case your Account is not linked to your Paytm account or if the transfer is declined by Paytm as per its terms and conditions, you will not be able to withdraw any amount lying to the credit of the Winnings Wallet and in such a scenario, we shall be entitled to forfeit any amounts lying in the Winnings Wallet after the expiry of 365 days from the date of credit. Failure to provide us with valid Paytm account details or valid identification documents or other information as requested by us (to our satisfaction) will result in the forfeiture of any amounts subject to transfer in accordance with this clause.

• Any tax/levies/duty etc., as applicable on winnings, shall be paid by the winner of the game. Based on TDS (tax deducted at source) Rules for any sort of game winning in India, 31.2% TDS should be deducted on any winning above Rs. 10,000/- in a single game.

• Goods and Service Tax shall be applicable as per Indian law.

• The issue of any rewards by us in the Bonus Wallet shall not entitle you to demand the issuance of such reward at any subsequent period in time nor create an expectation of recurring issue of such reward by us. In case your Account is inactive for 365 days or violate any of these Terms or if your Account is terminated by us, all bonus lying to the credit of the Bonus Wallet shall return to us and you shall not have any right or interest on such amounts.

• The unutilized amounts in the Bonus Wallet may expire after the end of 2 months from the date of credit of such amount.

• The User acknowledges that subject to time taken by Paytm and such other external dependencies that we have on third parties, any transactions on our Application may take up to 48 hours to be processed. Any amount paid or transferred into the Deposits Wallet or Winnings Wallet may take up to 48 hours to reflect in the Deposit Wallet or Winnings Wallet, respectively. Similarly, the utilization of the amounts lying in the Bonus Wallet or money debited from the Deposit Wallet or Winnings Wallet may take up to 48 hours to reflect in the Deposits Wallet or Winnings Wallet balance. You agree not to raise any complaint or claim against us in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting a transaction amount into your account.

• A transaction, once confirmed, is final and no cancellation is permissible.

• We may, in certain exceptional circumstances and at our sole and absolute discretion, refund the amount to you after deducting applicable cancellation charges and taxes. At the time of the transaction, you may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.

• We reserve the right to extend, withdraw, amend, limit validity, amount, modify terms, etc. of any reward, incentives or bonus (including signup bonus) at any time (including but not limited to post launch of such bonus and prior to your usage). It is hereby clarified that we also reserve the right to introduce bonuses (including signup bonus), incentives, rewards, offers etc. without any validity and thereafter, to introduce the validity period or vice versa at our sole discretion at any point of time.

• Refund and Cancellations:

  • In the event that there is an error in the Services provided by us (determined at our sole discretion), we may refund the entry fee to your relevant wallet (Deposit/Bonus), provided the reasons are genuine and proved after investigation by us.

  • Please read the rules of the Game and Contest before participating.

  • We do not cancel registrations once entered, however, in case of exceptional circumstances wherein the fault may lie with the payment gateway or from our side, we will cancel your participation on request and refund the entry fee to you within a reasonable amount of time.

  • In case we cancel your participation in the Game or Contest, we will return your entry fee to your relevant wallet (Deposit/Bonus) within a reasonable amount of time for You to redeem the same by playing other Contests.

  • The refunds as per these Terms shall be made to the same account through which the payment was made in the first place.

  • All amounts credited into the Winnings Wallet or deposited in the Deposit Wallet must be utilised within 365 days of credit. In case any unutilised amount lies in the Deposit Wallet or Winnings Wallet after the completion of 365 days from the date of credit of such amount, we reserve the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to you.

  • We reserve the right to withhold taxes as appropriate and as required under applicable laws.

• We shall not be liable for any services rendered by any third party on our Application, including downtimes, network failure, glitches, payment failures, and delays at their end.

• You shall be responsible for complying with Paytm’s terms and conditions so far as deposits and withdrawals are concerned, including Paytm’s KYC requirements. Please note that, notwithstanding anything contained herein, your non-compliance with Paytm’s policies may affect withdrawals from your Winnings Account and Spiel shall not be liable for the same.

 

7. Restrictions on your use of the Application

• You will not use the Application, or any content provided thereof for any purpose that is illegal, unlawful or prohibited by these Terms or under applicable law.

• You will not use the Application, or any content provided thereof:

  • to host, display, upload, modify, publish, transmit, update or share any information that belongs to another Person and to which the you do not have any right;

  • which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging,

  • that relates to or encourages money laundering or gambling, or is otherwise unlawful in any manner whatsoever;

  • that harms minors in any way;

  • that infringes any patent, trademark, copyright or other proprietary rights; violates any applicable law for the time being in force;

  • that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

  • which impersonates another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform or any other computer resource;

  • that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; threatens public health or safety; threatens critical information infrastructure.

• You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Application/Services/Platform or any component or content thereof, available to third parties without our express written permission (on our official letterhead).

• You will not circumvent or disable any digital rights management, usage rules, or other security features of the Application; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Application; and not use the Application in a manner that threatens the integrity, performance, or availability of the Application.

• You will not attempt to or engage in any activity that may:

  • reverse engineer, decompile or otherwise extract the source code related to the Platform or any part thereof, unless it is expressly permitted by us to You in writing or is required by the applicable law;

  • Amount to colluding with other players or hacking or engaging fraudulent malpractices or misconduct of any kind.

  • use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Platform or content thereof;

  • collect information about users for any illegal or unlawful purpose;

  • create any Account by automated means or under false or fraudulent pretences for using the Platform;

  • Use Virtual Private Network (VPN) or any other technology to access the Application from Restricted States;

  • transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Application;

  • use the Application in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Application, or interfere with any other Users’ use and enjoyment of the Platform;

  • carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Platform or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Platform or any part of the Platform or any User of the Application; and/or

  • forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through Application Platform.

• You will not impersonate another person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any Person or entity, including, but not limited to our employees, agents, partners, affiliates, dealers and franchisees

• If we detect any activity from your Account that is fraudulent, suspected to be defrauding the Application, or if you are found colluding or participating in any kind of fraudulent activity on the Application in any manner, then You shall be debarred from participating in any Game available on the Application.

• We reserve the right to deactivate or delete your Account and all related information on it and forfeit wallet balances in your Account and/or take any other appropriate action, at our sole and absolute discretion, in the event of any fraudulent, illegal or suspicious activities from your Account on the Application, including in relation to violatio.

• Any deductions or forfeiture of wallet balance made from your Account shall be made at our sole and absolute discretion and shall not result in any liability on us whatsoever. We may choose to provide a right of appeal to the User after deleting, closing or forfeiting the balances in his/her Account. However, such right shall be provided at our sole and absolute discretion and you shall not claim such right or any other recourse from us.

 

8. Privacy Policy

Please read our Privacy Policy to understand our practices which govern your use of the Application/Platform/Services. Any information (including your personal information and/or sensitive personal data or information) provided by you on the Application will be collected, stored, processed, transferred or shared by us and our affiliates in accordance with our Privacy Policy. These Terms are deemed to incorporate the Privacy Policy in its entirety.

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9. Responsible Gaming

We suggest that users adopt a balanced approach while engaging with the Game/Contests on the Application and safeguard themselves against any adverse effects.

It is your responsibility to control your surroundings and movements at all times when playing the game to ensure that you don’t injure yourself, any other persons, damage any property etc. Playing the Game or entering into Contests is at your own risk and we shall not be liable for any death, injury or health complications resulting from Your use of the Platform/Application.

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10. Community Guidelines

We want our Application and the Platform to be a safe and fun place to play online real money games. To facilitate this, we have established the following guidelines for participation in the community (“Community Guidelines”). These Community Guidelines apply to your each and every interaction on our Application and the Platform.

You may NOT post content that is in relation to any of the following:

Threats, Violence & harm

• Threatens another user, and which is a threat of violence, physical or mental harm.

• Promotes or encourages suicide or any other type of self-injury, including self-mutilation.

• Promotes discrimination, hatred against any individual or group

• Includes nudity, gruesome crime or accident scenes, gory media related to death, serious injury, violence, or surgical procedures.

• Content that is gratuitously shocking, sadistic, or excessively graphic, including with respect to animals.

Impersonation, spam & hacking

• Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others.

• Publishes or posts links to malicious content intended to damage or disrupt another person’s browser or computer.

• Uses platform for obtaining sensitive personal information, banking and credit card details, passwords etc.

• Threatens to expose someone’s private information or threaten to hack or break into someone’s digital information.

• Is harassing, abusive, or constitutes spam.

Harassment & Bullying

• Is directed to an individual, including: profiles or posts that identify and shame individuals; images altered to degrade individuals; or photos or videos of physical bullying posted to shame the victim of such bullying.

• Attacks a person or group on the basis of attributes such as race, religion, ethnic origin, sexual orientation, disability, or gender.

• Depicts physical or psychological abuse involving minors.

Sexually Explicit Content, violence

• Includes sexual harassment, sexual assault threats, sharing intimate material without consent, recording or distributing images of sexual assaults, cyber stalking, digital dating abuse and luring sexual trafficking victims.

• Promotes or depicts violence towards children, including posting sexually explicit images/videos of children.

Breach of Third Party Rights

• Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights.

Hate Speech & false information

• Is defamatory, obscene or pornographic.

• Is furtherance of illegal activities.

• Is intended to deceive or mislead any of other(s) and endangers our trust-based community.

Terrorism & Illegal Activities

• Promotes any organization which is engaged in terrorist activity, incites violence against others or organised criminal activity.

• Disrespects national symbols, including national flag and national emblem.

• Offers the purchase, sale, or trade of unlawfully acquired goods.

• Offers, sells, trades, or solicits firearms, accessories, ammunition, explosive weapons, or instructions on how to manufacture them

 

If you do not agree with our Community Guidelines, you may delete your Account and/or not access, download and use the Application and/or the Services.

 

In the event you wish to report any breach of our Community Guidelines, you may contact us at <support@playiml.com>. We will review these reports to determine whether there is a violation of these guidelines and determine if any action needs to be taken, at our sole discretion.

 

Changes to Community Guidelines: Any changes in the Community Guidelines shall be posted on our website www.playiml.com to reflect changes in the guidelines. You should periodically review this page for the latest information on our community guidelines. Once posted, those changes are effective immediately. Continued access or use of the Application and/or the Services constitutes your acceptance of the changes and the amended Community Guidelines.

 

Please take these guidelines seriously and honour them in the spirit in which they are intended. We’ll do our best to enforce them consistently and fairly. We reserve the right at all times (but will not have an obligation) to take down any content in breach of our Terms or Community Guidelines and to take any other actions as we deem fit including, suspending Users or reclaiming usernames without liability to you.

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11. Modifications in Service

We reserve the right at any time and from time to time to interrupt, restrict, modify or discontinue, temporarily or permanently, Application (or any part thereof) or any Service(s) or the Platform, including the mode of providing the Service, without any cause and/or without any notice to you. You agree that we or our affiliates will not be liable to you or to any third party for any modification, suspension or discontinuance of the Application or Services or the Platform.

 

12. Disclaimer of Warranties

The contents provided through the Platform/Services/Application may include technical inaccuracies or typographical errors. We may make changes or improvements to the Platform/Services/Application at any time.

 

The contents or any information available on the Platform/Services/Application is provided “as is” and “as available” and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable laws, including but not limited to:

a. any implied warranty or merchantability, fitness for a particular purpose;

b. that the contents of the Platform/Services/Application will be uninterrupted or error-free;

c. the defects, if any on the Platform/Services/Application will be corrected;

d. any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Application, Services or sites, cancellation of competition and prizes.

e. the Platform/Services/Application being constantly available or available at all;

f. installation or uninstallation choices in relation to the Platform/Services/Application being successfully executed in all cases;

g. Your personal ability to use the Platform/Services/Application;

h. Your satisfaction with the use of the Platform/Services/Application;

i. that Platform/Services/Application will meet your requirements and expectations;

j. the accuracy of the data provided by the Platform/Services/Application;

k. the security and privacy of Your data;

l. that all bugs or errors in relation to the Platform/Services/Application will be corrected;

m. that the Platform/Services/Application will be compatible with all devices and all networks;

n. that the Platform/Services/Application is fit for a particular purpose or use;

o. that the Platform/Services/Application and the contents thereof are accessible in every location; or

p. that the Platform/Services/Application and the contents would be perpetually secure and not prone to breaches of security anywhere in the world.

 

Any material accessed, downloaded or otherwise obtained through our Platform/Services/Application is done at your discretion, competence, acceptance and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from your download or access of any such material.

 

To the extent permitted under law, neither us nor our affiliates, partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.

 

In case we discover any error, including any error in the determination of winners or in the transfer of amounts to your account, we reserve the right (exercisable at our discretion) to rectify the error in such manner as we deem fit, including through a set-off of the erroneous payment from amounts due to you or deduction from your account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, we agree to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.

 

We, our officers, directors, employees, affiliates and agents and any other entity responsible for providing access to the Platform in connection with this Agreement will not be liable for any acts or omissions, including of a third party, and including those vendors participating in our offerings made to You, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties persons, or for damages that result from the operation systems, equipment, facilities or services provided by third parties that are interconnected with us.

 

The Platform may include links to other mobile applications and/or websites. We do not endorse or support these links or the products and services they provide; these links are provided for Your convenience only. We are not responsible or liable for the content or accuracy of such links.

 

We may stop provision of the Platform/Services/Application (or any part thereof), permanently or temporarily, to You or to Users generally or may modify or change the nature of the Platform and/or these Terms of Use at Our sole discretion, without any prior notice to You. Your use of the Platform following any such modification constitutes Your deemed acceptance to be bound by the Agreement (or as it may be modified).

 

To the extent permitted under law, in the event of suspension (temporary or permanent) or closure of Platform/Services/Application, events or contests, including because of any government or court order or passage of any law, or any other Force Majeure Event or any other cause beyond our reasonable control, you shall not be entitled to make any demands, claims, on any nature whatsoever.

 

You agree that You are responsible for all data charges You incur through use of the Platform/Services/Application.

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13. Intellectual Property Rights

The intellectual property rights in all software underlying the Application, Services, Platform and material published on the above-mentioned portals, including (but not limited to) Games, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings etc. is owned by us, our partners, licensors and/or associates, as applicable. You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Application or Platform either in whole or in part without our express written consent.

 

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other interest in your Account, and further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to our benefit.

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14. Third Party Sites, Services and Products

We may use certain third party services including but not limited to Paytm (One97 Communications Limited) for facilitating payment through their payment gateways on our Application. You agree to be bound by the terms of service and privacy policy of such third parties including but not limited to Paytm. You agree to be solely responsible to keep track of any changes that may be made to these aforesaid terms by the relevant party.

The Application may contain links to other internet sites owned and operated by third parties. Your use of each of those sites is subject to the conditions, if any, posted by the relevant sites. We do not exercise control over any sites and cannot be held responsible for any content residing in any third-party Internet site. Our inclusion of third-party content, payment gateway or links to third-party sites is not an endorsement by us of such third-party site.

 

15. Limitation of Liability

To the maximum extent permitted by applicable laws, under no circumstance will us or any of our affiliates, partners, their respective directors, employees or agents be liable to you or any third party for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Application, or the Services following a failure, suspension or withdrawal of all or part of the Application at any time, any third party content, software or functions used in connection with the Application even if we or any or all of our affiliates, agents have been advised of the possibility of such damages.

 

Notwithstanding anything to the contrary contained in the Terms or elsewhere, you agree that our maximum aggregate liability for all your claims under this agreement, in all circumstances, other than for the payment of any withdrawable balance in your user account, shall be limited to Indian Rupees One Thousand only (INR. 1,000/-).

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16. Indemnification

You agree to indemnify, defend and hold harmless us and our subsidiaries, assignors, assignees affiliates, partners, owner(s) and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand, judgment, settlement or expense (including but not limited to attorney's fees) of any kind arising out of: (i) your access to or use of the Application and/or Services; (ii) any breach of these Terms, Privacy Policy; (iii) your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation. This clause shall survive termination of these Terms.

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17. Force Majeure

We will not be liable to you for any eventuality caused directly or indirectly as a result of using Application or Services or the Platform(s), in case of any Force Majeure Event. A Force Majeure Event is defined as any act of God, wars or threat of war (declared or undeclared), insurrections, acts of terrorism, epidemic, pandemic, governments actions (including but not limited to passage of any law, order), lockouts, civil unrest, demonstrations, real or potential labour disputes, any natural disaster, inability to obtain relevant authorisations or accident or defect in telecommunication network or any other act, affecting our ability to offer Services or Application or the Application and which are beyond our reasonable control. Force Majeure Event may render it difficult or impossible for us to continue to provide the Services on its Application or the Platform and we retain the right to suspend, limit or terminate the Platform/Application/Services until further notice

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18. Communications

We may communicate with you through email, SMS, telephone, Whatsapp, by posting notifications on the Application (including push notifications) or any other means of communication. By using the Application, you consent to receive such communications from us including in relation to the Application and/or Services, your account information or any updates/ changes to the Application/ Services and/ or other promotional or marketing communications from us.

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We may allow you to use the Services to initiate SMS or text messages or other online communication to your friends, family, or other contacts. You are not required to send such text messages, however in case you do then you shall be solely responsible for them. You understand that standard text messaging and data rates may apply based on your plan with your mobile phone carrier. You also understand that we do not control the recipients, content, or timing of these text messages. If you choose to send any messages through the Services, you represent and warrant to us that the recipients of the messages have appropriately consented to receive the messages.

If you intend to participate in a promotion, and have listed your phone numbers on the National Do Not Call Registry (“NDNC Registry”), then you shall deregister the same from the NDNC Registry till the completion of such promotion. You agree not to make any claim or raise any complaint whatsoever against us in this respect. Please note that persons intending to participate in a promotion who have not de-registered themselves from the NDNC Registry shall also have no right to make any claim or raise any complaints against us if they do or do not receive any call or SMS with respect to their participation and all other matters pertaining to a promotion.

 

19. Entire Agreement

You agree that these Terms read with Privacy Policy will constitute the complete agreement between you and us and supersedes any prior agreements, oral or written, and any other communications between you and us relating to the subject matter of these Terms.

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20. Severability

If one or more provisions of these Terms are held to be unenforceable under applicable law(s), the remainder of these Terms will be valid and enforceable.

 

21. Waiver

If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

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22. Termination

Your access to the Application/Services/Platform may be terminated by us if:

a. You voluntarily uninstall the Application from your device;

b. You knowingly or unknowingly cause direct or indirect breach, as ascertained by us, of these Terms or Privacy Policy as a whole or in part; or

c. Your Account is inactive for more than 365 days;

d. We identify that the same User Details are being used under multiple accounts, then we at our sole discretion will terminate/deactivate the Account without the Users’ consent and any Deposit in the Account will not be refunded.

e. We are required to do so by law.

 

We may terminate this Agreement at any time, with or without notice and may disable your access to the Application and/or bar You from any future use of the Services.

 

You may terminate this agreement at any time by terminating Your access to the Application. However, certain obligations of yours under this agreement shall continue to prevail even on such termination.

 

When the Terms come to an end, all of the legal rights, obligations and liabilities that You and us have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.

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23. Governing Law & Jurisdiction

These Terms and all issues and questions thereunder shall be governed and construed in accordance with the laws of the Republic of India.

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24. Dispute Resolution

The courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Application or the Services provided by us, the construction, validity, interpretation and enforceability of these Terms, or your or our rights and obligations, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below.

In the event of any legal dispute (which may be a legal issue or question) which may arise, firstly the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.

The place of arbitration shall be Mumbai, India by a sole arbitrator who shall be appointed by us and whose decision shall be final and binding upon all the parties. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.

Nothing contained in these Terms shall prevent us from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard our interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on our part to pursue any remedy for monetary damages through the arbitration described herein.

 

You agree that any cause of action arising out of Your use of the Platform/Services/Application must be commenced within 3 (three) months after the cause of action accrues or You become aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action shall be permanently barred.

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25. Customer Support

In case where you have any queries pertaining to the Application or its Services or the Terms, you may contact our customer service at <support@playiml.com> or you may alternatively also find the help and support page within our Application.

 

26. Grievance Officer

In the event you have any complaints or grievances regarding usage of Application or its Services, please contact Mohit Sureka at <grievanceofficer@playiml.com > who is our Grievance Officer and Compliance Officer. The address for sending any correspondence in this regard is as follows:

Spiel Studios Pvt. Ltd., 7, Swastik Society, Gulmohar road, Vile Parle - W, Mumbai 400056, India

Attention: Grievance Officer

 

The complaints will be redressed in the manner provided under the Information Technology Act, 2000, the Consumer Protection Act, 2019 and rules framed thereunder. We will acknowledge the receipt of any consumer complaint within forty-eight hours and redresses the complaint within one month from the date of receipt of the complaint.

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27. Right to Take down

You understand and agree that we may takedown, delete or remove any content available on the Application or in relation to the Services at our sole discretion, without any notice to you, for any reason whatsoever including on account of your violation of these Terms or Privacy Policy or if required in accordance with applicable law (including but not limited to the Information Technology Act, 2000).

 

28. Forfeiture

We reserve the right to forfeit any account which we determine as - inactive, violative of intellectual property rights, violative of these Terms or Privacy Policy or misleading in nature.

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29. Copyright Notice

If you believe in good faith that any content displayed or transmitted through the Application infringes your copyright, you may reach us at <legal@playiml.com>.

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30. General Contact

For any queries, you may contact us at:

Address: Spiel Studios Pvt. Ltd., 7, Swastik Society, Gulmohar road, Vile Parle - W, Mumbai 400056, India

Tel.: +91-22-26115995

Email: support@playiml.com

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Disclaimer: Apple’s app store is only an app downloading platform and in no way, shape or form, Apple is responsible/involved for any Games/contest/campaign on the Application.

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