Terms and Condition
Updated on 27th October, 2022.
Your use of the Services indicates Your acceptance of the Platform Policies and hence You are advised to read the Terms carefully before using Our Services.
We reserve the right to periodically review, update, or otherwise modify any part of the Platform Policies at Our sole and absolute discretion, and accordingly, You are advised to keep Yourself updated on the latest Platform Policies. We will provide you with notice of any modification to the Terms, and Your continued access and use of the Services after such notification shall constitute consent to the modified Platform Policies.
If You do not accept any part of the Platform Policies or any subsequent modification therein, You must stop accessing or using Our Services.
To use the Services and play on the Platform, You must register with Us and consent to the Platform Policies. You can register with Us here.
In the event where one or more of the terms hereunder are determined to be invalid or unlawful for any reason, by a competent judicial or quasi-judicial authority in India, the validity or enforceability of the remaining terms will not be affected and the same will be valid and binding on You and all other users.
1.1 “Activity” shall mean a users’ participation in the Games organized by Us.
1.2 “Applicable Law (s)” means all applicable statutes, enactments, laws, ordinances, treaties, conventions, protocols, bye-laws, rules, regulations, guidelines, notifications, notices, and/ or judgments, decrees, injunctions, writs or orders, instructions, decisions of any court or and awards or other requirements or official directives of any governmental authority, in any jurisdiction, as may be applicable to the relevant person.
1.3 “Bank Account” means a financial account maintained with a Banking Company or a financial institution and shall include a wallet maintained with an entity authorized by Reserve Bank of India.
1.4 “Banking Company” shall mean a banking company as defined under section 5(c) of the Banking Regulation Act, 1949.
1.5 “Barred States” shall mean any state in the territory of India where online gaming has been prohibited under Applicable Laws.
1.6 “Extra Cash” means the incentive provided by Gameskraft, at its discretion, as a part of promotional offering that is first attributable against the Service Fee charged by the Company for a particular Cash Game.
1.7 “Bonus Segment” shall mean the segment of the Gamezy Account to which bonus provided by Gameskraft and any amount under any other promotional offer on the Platform are credited.
1.8 “Cash Games” are Games that involve a financial stake placed by the participants on the outcome of the Game.
1.9 “Communication Feature” shall mean the in-game features that enable users to interact with each other during a Game.
1.10 “Contest” shall have the meaning ascribed to it under Clause 5.2.
1.11 “Deposit Segment” shall mean the segment of the Gamezy Account to which the money deposited by the User is credited.
1.12 “Discounts” shall include any bonus, instant cash, Extra Cash, prizes or any other incentives (either variable or fixed) that may be provided by Gameskraft, at its discretion, as a part of promotional offering that is adjusted against the Service Fee chargeable from the User in such manner as may be prescribed under Clauses 9 and 10 of these Terms (as may be applicable) .
1.13 “Game(s)” shall mean the various online board games, card games, sports-based fantasy games and other skill-based games offered on the Platform, and shall include the various formats available through Our Services, as described in Clause 5.1.
1.14 “Platform” shall mean the Gamezy website and related mobile applications on which online board games, card games, sports-based fantasy games, and other skill-based games are made available to users.
1.16 “Poker Segment” shall mean the segment of the Gamezy Account relevant to Poker Games, to which: (i) users may transfer the funds for the purpose of playing the Poker Games, and (ii) winnings from Poker Games are credited.
1.17 “Gamezy Account” shall mean the user account maintained by a user with GamesKraft, to play Games on the Platform, consisting of the Deposit Segment, Winnings Segment, Discount Segment, and Poker Segment.
1.18 “Refund” shall mean the reversal of the charges paid by a user to play a game, to such user’s Gamezy Account.
1.19 “Service Fee” shall mean the fee charged by Gameskraft to a user on every gameplay. The term “Commission” or “Platform Fee” can be used interchangeably with “Service Fee” and shall have the same meaning as assigned to “Service Fee”.
1.21 “Winnings Segment” shall mean the segment of the Gamezy Account to which the winnings of users from the Games are credited, less the applicable Service Fees and other levies/deductions. It is clarified that winnings from Poker Games are not directly credited to the Winnings Segment, but instead to the Poker Segment.
1.22 “Withdrawable Balance” shall mean the amount in the Winnings Segment and the Deposit Segment.
1.23 “Withdrawal” shall mean the transfer of all or part of the Withdrawable Balance to a designated Bank Account, upon specific instructions by the user to GamesKraft to initiate such transfer.
1.24 “Withdrawal Segment” shall mean the segment of the Gamezy Account to which the winnings of a User from the Cash Games are credited, less the applicable Service Fees.
2. Who may use Our Services:
2.1 Our Services are not intended for or offered to any person below the age of eighteen (18) years, or persons who are resident in or access the Platform from any of the Barred States. We have the right to control the access to Our Services at all times, in any State in India, and reserve the right to update the list of Barred States.
2.2 If You are below the age of eighteen (18) years or a resident or located in any of the Barred States, You may not access and use Our Services. In case You do, You shall be solely responsible for any legal actions that may ensue from such use of Our Services. We reserve the right to request proof of age and geolocation at any stage of Your access and use of Our Services to verify that persons below the age of eighteen (18) years or residing or located in Barred States are not using the Service. We may exclude a person from using Our Services where We suspect that such person using the Service is under-age and he/she fails to provide Us with a valid proof of age or is located in a Barred State.
2.3 If You are not legally competent to individually enter into Indian Rupee transactions through banking channels in India and/or are accessing the Services from a Barred State, You are prohibited from participating in Cash Games on Our Services. In the event of such violation, Your participation in Cash Games will be deemed to be in breach of the Platform Policies and You will not be entitled to receive any prize that You might win in such Cash Games.
2.4 We may terminate Your access and use of the Services when We become aware of or are of the opinion, at our sole discretion, that Your use and access of Our Service is in violation of the Platform Policies.
3. How can You access and/or use the Service:
3.1 Gamezy allows You to play Games with other registered users on the Platform. All games that are made available on the Platform are games of skill (the outcome of the game is primarily dependent upon Your skills and not luck or chance), therefore, it is legal to play these games in most states in India.
3.2 You can play the Games offered on the Platform only via the Gamezy website and mobile application, which can be downloaded or installed from the Google Play Store for Android users, and Apple’s App Store for iOS users or such other app stores.
When You register with Us, You agree to receive promotional messages from Us, and our affiliates, through SMS, Email, Call and Push Notifications, in relation to Tournaments, offers, and Discounts (of various types and nomenclature e.g. bonus). You may withdraw Your consent to receive such notification by sending an email to firstname.lastname@example.org
Internet connectivity issues at Your end, disruptions due to Your local internet environment, errors in the setup of software or hardware on Your end, or other factors not directly attributable to Us, are beyond Our control, and accordingly, We will not incur any liability for any halts, breaks, or interruptions in Your usage of Our Services on account of such issues.
3.7 Winnings, Discounts , and prizes whether monetary or non-monetary are unique to each player and are non-transferable. In the event You attempt to transfer any winnings, Discounts , or prizes, these will be forfeited at Our sole discretion.
4. User Identity:
4.1 When you register with Us, You choose Your username which shall be your identity (“Username”) on the Platform. Your chosen username is confirmed, subject to availability and in compliance with these Terms.
4.2 You are prohibited from creating or using multiple Usernames and/or accounts on our Platform. If multiple User IDs and/or accounts are detected for one user, we may take penal actions, including cancellation of all amounts related to Discounts on linked Username and/or accounts, and suspension of the linked User IDs and/or accounts.
4.3 Username must not be indecent, objectionable, offensive, or unlawful. Username that are found to violate the intellectual property of any entity, reveal personal information, or be suggestive of an advertising or promotional activity, may be rejected. Users in violation of these stipulations will be given an opportunity to provide an alternate Username failing which We reserve the right to either terminate Your Gamezy Account or restore Your Gamezy Account only after an acceptable Usernamehas been provided by You.
4.4 Your Username will remain active on the Platform unless We terminate or suspend Your access to the Platform for a violation of the Platform Policies in accordance with these Terms, or where You voluntarily delete Your Gamezy Account or where Your Gamezy Account becomes inactive as per Clause 11.1.
5. Game Formats and Rules:
5.1 We currently offer five (5) formats for the various games available on the Platform, namely - practice games, Cash Games, tournaments, contests (for sports-based fantasy games), and promotional games (which may involve rewards or Discounts). We may increase or reduce the number of game formats offered through Our Services, at our sole discretion.
5.2 A “Contest” is a skill-based competition provided in our fantasy sports-based games in which Users can compete against other players. Contests can be paid or free to play. Paid Contests require users to pay a buy-in fee for participation, whereas free Contests are open to all users and do not require the user to put a buy-in.
5.3 You agree to abide by the rules and regulations of the Games on the Platform (“Game Rules”). You are required to ensure that You have read and understood the Game Rules before playing them. The Game Rules form part of the Platform Policies and can be found on the ‘Game rules/how to play’ page of Our Platform .
5.4 We may, from time to time, make additional Games available as part of the Services. The Platform Policies will govern all aspects of such newly introduced Games, and the relevant Game Rules will be made available to You on Our Services.
5.5 We reserve the right to determine the results and winners of each of the Game in accordance with the applicable Game Rules. By registering and/or participating in any Game You agree to these determinations, which shall not be open to challenge. We will post lists of winners on Our Services following each Game.
5.6 In case anything provided in the game rules/FAQ (suggestive or otherwise) as appearing over the Platform are contrary to these Terms, these Terms shall prevail over to the extent they are contrary to the games rules/FAQs.
6. Restrictions on the use of Our Services:
6.1 You shall not upload, distribute, transmit, publish, share, display, or post content through Our Services or through any service or facility including any Communication Feature provided by Us which:
- belongs to another person and to which You do not have any right;
- is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to a child;
- infringes any patent, trademark, copyright or other proprietary rights;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- 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 other nation;
- contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- is otherwise objectionable or undesirable (whether or not unlawful);
- is aimed at soliciting donations, chips or other forms of help;
- disparages Gameskraft or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or websites, in any manner;
- promotes a competing service or product; or
- violates any law for the time being in force.
6.2 The Communication Feature for the player may be immediately suspended without any warning where We are of the opinion that the user is indulging in any activity prohibited under Clause 6.1. above or the Platform Policies. This may also lead to termination of the Gamezy Account of such a User. You may report any abusive or malicious behavior by any other user immediately to us by following the complaints procedure provided in Clause 16 below.
6.3 You shall not host, intercept, emulate, or redirect proprietary communication protocols, used by Us, if any, regardless of the method used, including protocol emulation, reverse engineering, or modification of Our Services or any files that are part of it.
6.4 You shall not frame Our Services. You may not impose editorial comments, commercial material or any information on Our Services, alter or modify any content, or remove, obliterate or obstruct any proprietary notices or labels.
6.5 You shall not use Our Services for commercial purposes, including but not limited to use in a cyber cafe as a computer gaming centre, network play over the Internet, or through gaming networks, or connection to an unauthorized server that copies the gaming experience offered by Us.
6.6 You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer Your Gamezy Account, content, money, contest points, standings, rankings, ratings, or any other attributes appearing in, originating from, or associated with Our Services.
6.7 Any form of fraudulent activity, including attempting to use or using any other person’s credit card(s), debit cards, net-banking usernames, passwords, authorization codes, prepaid cash cards, mobile phones for adding cash to the Deposit Segment, accessing or attempting to access the Services through someone else’s Gamezy Account is strictly prohibited. Where We become aware of or are of the opinion, at our sole discretion, that You are indulging in such fraudulent activity, We may terminate Your Gamezy Account and notify the appropriate authorities of the same, where relevant.
6.8 If You are an officer, director, employee, consultant, or agent of GamesKraft, or a relative of such persons, You are not permitted to play either directly or indirectly, any Games which entitle You to any prize, other than in the course of Your engagement with Gamezy. For these purposes, the term ‘relative’ shall mean a relative as defined under Section 2(77) of the Companies Act, 2013.
6.9 You undertake that You shall not permit any person to access or use Your Gamezy Account and You will not use any form of external assistance to play the Games and shall not indulge in any activity which violates the Platform Policies.
6.10 You are prohibited from utilizing Our Services for any restricted or unlawful purpose, including, without limitation, attempting to Withdraw cash from unutilized cash available in Your Gamezy Account or deliberately losing money to a certain player(s).
6.11 You shall not send spam emails or any other form of unsolicited communication for obtaining registrations with Us to benefit from any promotional program of Gamezy or for any other purpose.
7. Deposit, Payment, Refund, and Cancellation:
7.1 Once You register with Us, We maintain a Gamezy Account for You to keep a record of all Your transactions with Us. Payments connected with participation in Cash Games have to be made through Your Gamezy Account. All deposits made by You are credited in the Deposit Segment, all Your winnings are credited by Us into the Winnings Segment, all Discounts and any amount credited against any promotional offer/Discounts is credited and reflected in the Discount Segment, and all wings from the game of Poker are credited to the Poker Segment.
7.2 All transactions You make with Us shall be in Indian Rupees (INR). You are free to deposit as much money as You want in the Deposit Segment for the purpose of participating in Cash Games subject to the following-
- You can only deposit such amount as may be specified on the Platform to the Deposit Segment in a single transaction;
- the monthly add cash limit set by Us with undertakings, indemnity, waiver, and verification conditions as We deem appropriate in Our sole discretion. We will notify you of any changes in add cash limits on the platform.
7.3 The deposits made by You in the Deposit Segment are purely for the purpose of enabling Your participation in the Cash Games and do not carry or generate any interest or return.
7.4 You cannot transfer any amount from Your Gamezy Account to the Gamezy Account of another registered user except as may be permitted by Gamezy.
7.5 You hereby represent and warrant that the payment instrument/mode used to make the payment on the Platform or add cash into Your Gamezy Account belongs to You.
7.6 Credit cards, debit cards, prepaid cash cards, and internet banking payments are processed through third-party payment gateways. Similarly, other payment modes also require authorization by the entity which processes such payments. You understand and agree that We shall not be responsible for delays or denials at their end. The processing of payments will be solely in terms of their policies and procedures without any responsibility or risk at Our end.
7.7 If there are any issues in connection with adding cash, You may send a complaint to Us following the complaints procedure provided in Clause 16 below.
7.8 Once a payment/transaction is authorized, the amount is credited to the Deposit Segment and is available for You to play Cash Games. You agree that in the event of Your credit being delayed or eventually declined for reasons beyond Our control, We will not be held liable in any manner whatsoever.
7.9 We have the right to cancel a transaction, at any time and at Our sole discretion, in which case if the payment is successful, then the transaction will be reversed and the money credited back to the original source of payment.
7.10 All funds collected from You are held in trust by Us, and kept unencumbered and separate from Our corporate funds.
7.11 You may Withdraw all or part of the Withdrawable Balance to a designated Bank Account by means of an electronic bank to bank transfer.
7.12 At the time of initiating a Withdrawal Request, You are required to provide Us with the details of the Bank Account to which the funds are to be credited.
7.13 A Withdrawal Request will be accepted by Us subject to alignment with the deposit method, Discount restrictions, and/or security reviews undertaken by automated systems and our risk management team. You agree that all Withdrawals You make are governed by the following conditions:
- You can Withdraw all or part of Your Withdrawable Balance, subject to the levy of applicable processing fee (depending on the Withdrawal method), and applicable taxes. You are permitted to make 1 (one) Withdrawal Request per day, subject to applicable limits. When Withdrawing funds, payment will be made to You either by electronic wire transfer, and/or any other manner in accordance with your preferences and Applicable Law.
- Withdrawal Requests shall, subject to Withdrawal restrictions specified in these Terms and the Platform, be processed post Your successful KYC verification.
- Withdrawable Balance can only be Withdrawn when You have made at least one cash deposit with Us and thereafter played at least one Cash Game.
- Discounts are not directly Withdrawable and are subject to the terms and conditions applicable to their grant.
7.14 On receipt of a Withdrawal Request, and subject to adequate KYC verification, We may disburse the specified amount by electronic means. We also reserve the right to disburse the amount on the financial instrument used to add cash to the Deposit Segment.
7.15 We will attempt to process Your Withdrawal Request in a timely manner, but there could be delays due to the time required for the KYC verification and completing the Withdrawal transaction. We shall not be liable to pay any form of compensation to You for the reason of such delays in processing Withdrawal Requests and remitting payments.
7.16 You may request a Refund of any unutilized funds in your Deposit Segment by contacting Support and subject to the following conditions:
- Upon receipt of a Refund request from You, the Refund will be processed within two (2) weeks from the date of receipt of such Refund request and the requisite Refund amount shall be credited to the original source used to add such funds.
- You may raise a Refund request no later than 120 days of adding such funds to your Deposit Segment.
7.17 Your winnings may be disclosed to the relevant authorities, and requisite amounts may be withheld from pay-outs, in order to ensure compliance with applicable law and lawful requests from the government, regulatory bodies, or an order of any court of competent jurisdiction. It is solely Your responsibility to deal with all the applicable taxes.
8. KYC Verification:
8.1 We require users to undergo an additional online document verification (“e-KYC”) in the following scenarios.
- where You place a Withdrawal Request of an amount exceeding the applicable limit exceed the number of Withdrawal Request as specified on the Platform;
- where We suspect, or have been notified that You have violated any of the Platform Policies
- where You have been identified to be in breach of the applicable add cash or winning thresholds;
- as may be required under Applicable Law; and
- as may be determined by Gameskraft in its sole discretion.
8.2 As part of Our e-KYC process, Our automated system enables a mandatory process for users to upload documents pertaining to their Permanent Account Number (PAN) and Bank Account details.
8.3 The e-KYC documents must be uploaded on Our Platform, and We do not accept submissions in any other form or manner.
8.4 At the time of uploading the document on Our Platform, You must ensure the following:
- Documents are valid;
- The document is clear and legible, and shared in a jpg, jpeg, or pdf format; and
- Documents are not password protected.
8.5 The validation of e-KYC documents may take up to 24 hours from the time of submission of the documents. We reserve the right to validate the e-KYC document at our sole discretion. You will be notified of the status of verification on Your registered mobile number/email address and on Our Platform.
9. Discount and Prize:
9.1 You will be able to use Our Services and win prizes or GameCash and We will process Your Withdrawal Requests in INR to any Indian Bank Account in Your name (subject to KYC verification).
9.2 When You add cash to the Deposit Segment, You may be allotted certain Discounts depending on the ongoing promotional offer. Such Discounts may be dependent on certain conditions, such as Your continued usage of Our Services or participation in Cash Games, and accordingly, a part of the Discount may be released before or at the time of gameplay settlement. An amount net of such Discount will be considered to have been collected from You in cash for the purpose of financial stake (including Service Fee). You understand that the Discounts must be utilized within the stipulated claim period, which may differ based on the ongoing offers. Discounts are issued at Our sole discretion and cannot be claimed by You as a matter of right. The release percentage/rate may vary depending on the offer. Discounts shall have such limited validity as may be communicated to You at the time of its issuance.
If You play a qualifying Game of Rs. 200, where 10% of Rs.200 (where 10% is the percentage release being available as part of the ongoing offer), i.e., Rs. 20 Discount would be deducted from Your Discount Segment before or at the time of gameplay settlement. If You play the next Game of Rs.500, then 10% of Rs.500, i.e Rs.50 DIscount would be deducted from your Discount Segment before or at the time of gameplay settlement. This will continue till the whole Discount amount is utilized.
9.3 You agree that any Discount offered by Gameskraft over Gamezy would be applied firstly as a Discount against the Service Fee. Further, you agree that Gameskraft may permit usage of Discounts to exceed the Service Fees charged from you at its discretion.
9.4 In the event, Your Gamezy Account is terminated by You voluntarily or by Us in accordance with these Terms, all Discounts issued to You shall be forfeited by Us and You shall have no right or interest on such Discount.
9.5 Any violation of the Platform Policies at any stage may result in disqualification from receiving the Discount .
9.6 You may win prizes while playing Games on the Platform. Such prizes are subject to the specific terms and conditions communicated at the time of issuance of the prize.
9.7 The prize and the Discount or any other amount or benefit in the Discount Segment is not redeemable for any other prize, nor can it be Withdrawn, or transferred to another user.
10. Service Fees and Taxes:
10.1 Gamezy charges a Service Fee on each Cash Game played on the platform by a user, which may vary depending on the nature of the Cash Game and is subject to change from time to time, as indicated in Clause 10.2 below. Gamezy reserves the right to levy different Service Fees for different Games at its sole discretion.
10.2 Users who fulfill certain specific criteria may, at the sole discretion of Gameskraft, receive Discounts, or waivers from the Service Fee charged for a particular Game or a set of Games, even after the conclusion of the Game(s). Accordingly, such post-facto Discounts by Gameskraft will reduce and reverse a part of the Service Fee applicable to a Game .
10.3 Discounts may be granted to users on the basis of a number of parameters pertaining to usage of the Platform by the user, including the frequency of Games played, participation in tournaments or special Game types, overall winnings, conduct on the Platform, players referred to the Platform, etc. Further, a Discount is revocable at the discretion of Gameskraft, and it is clarified that the user has no right to either receive or retain a Discount.
10.4 It is clarified that all forms of Discounts and other promotional offers and rebates offered by Gameskraft to a user shall first be applied to the Service Fee and the remaining amount if any shall be applied against the financial stake net of such Service Fee chargeable to such user, and Gameskraft has the right to reduce and vary Discounts and promotions accordingly. Further, such Discounts and promotions may be subject to specific conditions, such as usage only in specific types of Games, or restricted usage only after the expiry of a predetermined time period, etc.
10.5 Details pertaining to each Game transaction, including the applicable Service Fee for that Game, will be accessible by You on an information panel available before You initiate a Game. The Service Fee charged for each Game transaction, shall be inclusive of the Goods and Services Taxes, at the rates mandated under applicable law. Variations to Service Fees in the manner set out in this Clause 10, may impact the overall transaction details of a Game, including the taxes applicable thereon, and hence you are advised to periodically check the information panel. If You require any further information on any aspect of the Service Fee, including the tax components thereof, You may write to us at email@example.com.
10.6 All Cash Games are subject to applicable taxes and levies. We are legally mandated to deduct tax at source (“TDS”) on winnings of more than INR. 10,000/- (Indian Rupees Ten Thousand only) in a Cash Game or a Contest as the case may be. In these cases, You will be required to furnish Your PAN. Accordingly, a TDS at the rate of 30% (excluding cess) will automatically be deducted from such winnings and the rest credited to the Winnings Segment. These limits and rates are subject to change as per the applicable laws. Gamezy’s obligation in this regard is limited to deducting TDS as required by law and providing You with an appropriate certificate of tax deduction. We reserve the right to verify Your PAN from time to time and to cancel any prize should Your PAN be found inconsistent in Our verification process. We shall have no liability or responsibility for Your individual taxation matters.
10.7 When You play a Poker Game on the Platform, all Your winnings are credited to the Poker Segment. If You wish to Withdraw such Poker winnings, You are required to initiate a transfer of such winnings to Your Winnings Segment, and thereafter place a Withdrawal Request. Where Your winnings, less buy-in fee, at the time of such transfer is more than INR 10,000/- (Indian Rupees Ten Thousand only), You will be subject to a TDS at the rate of 30% (excluding cess) on such winnings.
10.8 Users who fulfill certain specific criteria may, at the sole discretion of Gameskraft, receive dDiscounts from the Service Fee charged for a particular Game or a set of Games in line with the market conditions, business practices and trade parlance, even after the conclusion of the Game(s). Accordingly, such post-facto Discounts by Gameskraft will reduce and reverse a part of the Service Fee applicable to a Game, and these updates to the Service Fee will be reflected on the information panel available to each user on the platform.
10.9 Discounts may be granted to users on the basis of a number of parameters pertaining to usage of the Gamezy platform by the user, including the frequency of Games played, participation in tournaments or special Game types, overall winnings, conduct on the platform, players referred to the platform, etc.
10.10 In case a User wishes to obtain a copy of tax invoice and/or credit note containing the prescribed particulars as per Goods and Services Tax Act and the rules provided thereunder, in respect of a particular gameplay, such tax invoice / credit note shall be provided to the said User on receipt of a specific request raised with us.
11. Termination, Suspension, and Opt-out:
11.1 If You do not log in to Your Gamezy Account at least once in a twelve (12) month period, Your Gamezy Account shall be considered inactive and a maintenance fee of INR 250 per year may be chargeable against any funds remaining therein (“Inactive Account Fee”). If Your Gamezy Account balance remains negative on the application for more than fifteen (15) days, the Gameskraft reserves the right to suspend/close Your account at its sole discretion.
11.2 We reserve the right to suspend or terminate Your Gamezy Account if We find that You are violating any of our Platform Policies, or breaching/attempting to breach the security of Our Services in any manner, Your Gamezy Account may be terminated immediately and any prize, Discounts or funds therein shall be forfeited.
11.3 In the instance Your Gamezy Account is terminated by Us as per Clause 11.2, You
- will not be able to use Our Services from the mobile number, PAN, and Bank Account linked to the terminated Gamezy Account;
- may be permitted to Withdraw the Withdrawable Balance, subject to applicable restrictions.
11.4 Further, if We find that a User is breaching/attempting to breach Our security or privacy protocols, We may, following an internal investigation, decide to undertake a range of actions, depending upon the severity of the detected breach. We reserve the sole right to act and take one or more of the following actions:
- We may stop access and usage of Our Services, indefinitely, for such user;
- We may permanently terminate such users’ Gamezy Account.
- We may restrict Withdrawals for such users.
- We may demand compensation for the damages to Our Services that occurred because of the breach and prosecute a user for any violation of the law and the Terms if need be.
- We can prohibit the user from registering with Us in the future.
11.5 If We have been instructed or made aware of a cyber fraud or any other fraudulent activity related to a User’s account by a governmental, police or any law enforcement authority or agency, then We reserve the right to (a) suspend Your Gamzezy Account; and (b) transfer any funds lying in Your Gamezy Account to such Bank Account as may be instructed by the governmental, police or any law enforcement authority or agency. We also reserve the right to block any and all Withdrawals from Your Gamezy Account upon instructions from the governmental, police or any law enforcement authority or agency.
11.6 We may attempt to validate Your Gamezy Account via call or email. In the event that We are not able to get in touch with You the first time around, We will make additional attempts to establish contact with You. In cases where the phone number and email address provided by You is incorrect, We bear no responsibility for the Services being interrupted due to Our inability to establish contact with You. In case We are unable to reach You or if the validation is unsuccessful, We reserve the right to disallow You from logging onto Our Services or reduce Your play limits and/or add cash limits till such time We are able to satisfactorily validate Your Gamezy Account. In such an event, We will notify You via email of the next steps regarding Your Gamezy Account validation. We may also ask You for proof of identification and proof of address from time to time. Where Your access to Your Gamezy Account is limited or access to Our Services is restricted as a result of unsuccessful user account validation, We may take seven (7) working days to reinstate complete access to Your Gamezy Account and Our Services upon successful validation. In the event that We have made several unsuccessful attempts to reach out to You, We reserve the right to terminate Your Gamezy Account and refund the Withdrawable Balance, if any. We will not be liable for any claim, damage or loss accruing to You from such termination or restriction.
11.7 You are free to discontinue using Our Services at any time by intimating Us of Your desire to do so by sending an email to Us at firstname.lastname@example.org (“Discontinuation Request” ). Subject to the satisfactory verification of the Discontinuation Request, if there is a positive Withdrawable Balance and/or funds in the Deposit Segment, We will disburse the same to You by online transfer as per the Terms. Provided that any transfer from the Deposit Segment will attract an account closure fee of INR 1,000.00 (Indian Rupees One Thousand Only) or ten (10) percent of the total funds to be transferred, whichever is higher.
12. Your Representations and Warranties:
You represent that:
- You are eligible and competent to enter into transactions with other users and Gameskraft.
- Any information You provide to Us at any time during the access and use of Our Services, whether at the stage of registration or any time thereafter is correct, complete, up-to-date, and accurate. We shall not be liable against any claim relating to the accuracy, completeness, and correctness of any information You provide Us. We may, at any time and at Our sole discretion, require You to verify the correctness, completeness, and accuracy of such information, and to that extent require You to produce additional documentary proof. Where You fail to provide Us with valid documentary proof, We reserve the right to limit Your access and use of Our Services.
- You will protect the information You provide Us. You must never share Your Gamezy Account login information with anyone, including any other user of Gamezy or any representative of Gameskraft. You specifically understand and agree that We will not incur any liability for information provided by You to anyone which may result in Your Gamezy Account being exposed or misused by any other person.
- You have the required legal rights in relation to any content that You may transmit, upload, or otherwise make available on the Gamezy platform, and such action of Yours shall not violate the intellectual property rights of a third party.
- You shall use Your Gamezy Account solely for the purpose of playing the Games offered through our Services.
- Prior to adding cash to the Deposit Segment or participating in Cash Games, You shall be responsible to satisfy Yourself about the legality of playing Cash Games in the jurisdiction from where You are accessing Cash Games.
- You have the experience and the requisite skills required to participate in the Activity and that You are not aware of any physical or mental condition that would impair Your capability to fully participate in the Activity.
- You are aware that participation in the Activity may result in financial loss to You. With full knowledge of the facts and circumstances surrounding this Activity, You are voluntarily participating in the Activity and assume all responsibility for and risk resulting from Your participation or being associated with this Activity or around this Activity, including all risks of financial loss. You understand that Gameskraft shall not be liable for any financial loss that You may sustain as a result of participation in the Activity. You agree to indemnify and hold Gameskraft, its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with Your participation in the Activity.
- You understand and accept that Your participation in a Game does not create any obligation on Us to give You a prize. Your winning a prize is entirely dependent on Your skill as a player vis-à-vis other players in the Game and subject to the Platform Policies.
- You shall not hold Gameskraft responsible for not being able to play any Game for which You may be eligible to participate. This includes, but is not limited to situations where You are unable to log into Your Gamezy Account or the same may be pending validation or You may be in suspected or established violation of any of the Platform Policies.
13. Content & Advertisements:
13.1 You are solely responsible for the content that You transmit, upload, or otherwise make available on Our Services. By publishing any content on the Platform, You agree to grant Us a royalty-free, worldwide, non-exclusive, perpetual, and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display, and publicly perform Your content and to use such content in any related marketing materials produced by Us or Our affiliates. Such content may include, without limitation, Your name, username, profile, or picture and other information provided on the Platform.
13.2 By accessing or using or availing Our Services, or using the Communication Features, You may be exposed to content posted by other users, over which Gameskraft has no control. If you find any aspect of such content offensive or unlawful, You may bring such content to Our notice, and We shall take such actions prescribed under applicable law.
13.3 We may place certain promoted or sponsored content on the Platform (directly or via links to other sites or resources) in conjunction with third parties. We make no warranties with respect to such content and neither do we endorse any information contained therein. We shall not be liable to You for such promoted or sponsored content, and Your interaction with such content or third-party resources shall be solely at Your own risk.
13.4 We may use any content in relation to the Games played on the Platform, including recordings of the gameplay, for Our corporate and marketing purposes, and accordingly, You acknowledge, agree, and consent to our right in this regard.
13.5 Gamezy’s Claim of ‘India’s Most Trusted Social Gaming Site’ is completely based on the reviews and assessments of Our users.
14. Disclaimer & Indemnity & Limitation of Liability:
14.1 Gameskraft shall not be liable for any claim, loss, injury, damages, expenses, or lost profits or winnings, incurred by You in connection with Your use of the Services.
14.2 Notwithstanding anything to the contrary contained in the Terms, You agree that Our maximum aggregate liability for all Your Claims against Us, in all circumstances other than for valid Withdrawal, shall be limited to the Service Fee, less Discounts, or prizes paid to Us over the preceding three (3) months.
14.3 You are solely responsible for any consequence resulting from Your participating in this Activity or being associated with this Activity or around this Activity. You understand that We assume no liability or responsibility for any financial loss that You may sustain as a result of participation in the Activity.
14.4 You agree to indemnify and hold harmless Gameskraft 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.
14.5 The Platform is offered by Gameskraft on an as-is basis and Gameskraft makes no implied warranties, with respect to the Service. All implied warranties of merchantability and fitness for a particular purpose or use, are disclaimed. No one is authorized to make any warranty on Our behalf, and users may not rely on any other statement of warranty. However, if there is an error in Our Service, We shall take prompt steps to rectify the same.
14.6 Gameskraft expressly disclaims all responsibility and liability for any harm, damages, or loss resulting from Your participation in, or cancellation of, any Game, any activity or transactions with third parties whom You may have connected to through Our Services, and any user-generated content, including any violation of intellectual property rights with respect to such user-generated content.
14.7 The failure on behalf of You or Us to insist upon strict performance of any of the provisions herein or to exercise any option, right or remedy contained herein, shall not be construed as waiver or relinquishment of such provisions, option, right or remedy but the same shall continue and remain in full force and effect. No waiver by You or Us of any provision hereof shall be deemed to have been made unless expressed in writing and signed by You or Us, as the case may be.
14.8 The effective Platform Policies contain all the terms agreed between the Parties regarding the access to and use of Our Services and supersedes and excludes any prior terms and conditions made between You and Us.
15. Intellectual Property Rights:
15.1 Gameskraft and/or its affiliates, as the case may be, exclusively owns all rights and intellectual property of any type throughout the world, including but not limited to patents, trademarks, domain names, trade names, service marks, copyrights, software, trade secrets, industrial designs, and know-how in the Services and underlying technology and documentation therein (“Gameskraft Intellectual Property”).
15.2 By virtue of validly registering with Us, You are granted a limited right to use Our Services in accordance with the Platform Policies, and You have no other right, ownership, title, or interest in the Gameskraft Intellectual Property.
16. Complaints and Disputes:
16.1 If You have any complaint or grievance relating to any aspect of the Services, You may approach Our customer care and grievance redressal team for resolution of such issues by writing to email@example.com.
16.2 You agree that all complaints and disputes at Gamezy are to be kept confidential. We will endeavour to resolve all grievances within a reasonable time period, as mandated under applicable law. Any decision taken by Us relating to any complaint will be binding on the user.
17. Governing Law, Dispute Resolution & Jurisdiction:
17.1 The Platform Policies are governed by and shall be interpreted in accordance with the laws of India.
17.2 Subject to Clause 17.3, any dispute, controversy, or claim against the Us or arising out of these Platform Policies shall be subject to the exclusive jurisdiction of the civil courts at Bengaluru, Karnataka.
17.3 In the event of any legal dispute arising in relation to any aspect of the Platform Policies, or the use of our Services by You, You must provide written notification to Us of the dispute and relevant details. We shall attempt to resolve the dispute through discussions with You, and where such resolution fails to be concluded within thirty (30) days, the dispute may be referred to arbitration. The arbitration shall be conducted before a tribunal of three (3) arbitrators wherein both Gameskraft and You shall be entitled to appoint one (1) arbitrator each and the two (2) arbitrators shall jointly appoint the third arbitrator. The place of arbitration shall be Bangalore, Karnataka, and the arbitration proceedings shall be conducted, in English, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The award arising from such arbitration proceedings will be final and binding on the parties, and each party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise.
17.4 Notwithstanding anything in Clause 17.3, Gameskraft shall be entitled to seek and obtain from a court of competent jurisdiction, an interim or permanent equitable or injunctive relief, or any other relief available under applicable law, to safeguard its interest, at any time during the pendency of a dispute with You or any other person, and such pursuit of relief shall not constitute a waiver of the arbitration process mandated herein.
18. Responsible Gaming
Gameskraft is concerned about Your health and well-being, and we constantly take measures to improve the well-being of our users. You are advised to follow
Our Responsible Gaming Policyso as to maximize Your health and safety while engaging in online gaming.
Season Pass Terms and Conditions
- This Season Pass is a special discount pass offered to you by Gameskraft Technologies Private Limited, which gives you access to mega Contests at discounted rates compared to the usual mega contest price. You can choose between the single entry pass and the multi-entry pass. The discount offered through the Season Pass may vary from user to user and the discount offered shall be at the sole discretion of Gameskraft.
- This Season pass is open to all users of Gamezy.
- The Season Pass can only be used only to participate in fantasy cricket matches on the Gamezy App.
- This Season Pass cannot be clubbed with any other bonus or Extra Cash offers running on Gamezy.
- In the event any of the matches are canceled/abandoned,Gamezy may at its sole discretion, refund the amount paid for the Season Pass.A Season Pass shall be valid from the date on which the Season Pass is bought by a user, in case the date of purchase is after the season has started. For cases wherein the Season Pass is bought by User prior to the start of the season, the validity shall be calculated in accordance with the below:
Series Start Date - Season Pass Buy Date + Actual Validity = (26th March -23rd March) +7 days validity = 10 days
This is to ensure that users who buy early are able to compete in the matches.
- The Season Pass can be used to join the mega contests as soon as the match is open on the Gamezy App .
- We have the right to restrict the number of teams that are allowed in a particular mega contest.
- The amount that a user may win after joining a contest with a Season Pass will depend on the number of users participating in the contest.
- All winnings will be subject to applicable taxes.
Gamezy calculates commission basis the number of teams which have joined and the prize pool. The below numerical example is only indicative and is being reproduced for ease of reference. The actual commission may vary depending on the facts of each game:
Joining Price for the mega (Effective Price) Rs 49 Total Prize Pool (P) Rs 10000 Actual team participation (A) Rs 250 Actual buyin (B) = A * Effective price Rs 12250 Commission (C) = B - P Rs 2250 Commission per Team (CpT) = C / A Rs 9
- Terms of Service shall apply for all the services offered on the Gamezy app.
- The user of the Season Pass agrees that any discount offered by Gamezy would be released firstly as a discount against the commission fee. Further the user agrees that Gamezy may permit the usage of discounts to exceed the commission fees charged from the players at the sole discretion of Gamezy.
Below are the indicative Season passes which may change as per the season :
Season Pass Type Original Price Discounted Price Discount 3 Match Single Entry Pass 147 130 17 3 Match Multi Entry Pass 441 375 66 7 Match Multi Entry Pass 1029 825 204 5 Match Single Entry Pass 245 215 30 5 Match Multi Entry Pass 735 599 136 15 Match Multi Entry Pass 2205 1699 506 Monthly Multi Entry Pass 4410 3199 1211 Unlimited Season Pass 8820 5555 3265
Gamezy Grievance Officer
The Grievance Officer Details are provided below:
Email id – firstname.lastname@example.org
Gameskraft Technologies Private Limited,
1st and 2nd Floor, 26/1 Hosur Road,
Karnataka – 560068