1.1 Welcome to Indiagames. The Website is operated and presented to Users by Indiagames Limited.
1.2 Please read these Terms and Conditions carefully before using the Website. By subscribing to the Website or by using the Website or by clicking the box that states "ACCEPT" or "AGREE" to these Terms and Conditions, Users signify agreement to these Terms and Conditions. If a User does not agree to these Terms and Conditions, then such User shall not be permitted and/ or authorized to use the Website and/or avail of the Services.
1.3 If you are a parent or guardian and you provide your consent to your child's registration with the Website, you agree to be bound by these Terms and Conditions in respect of their use of the Website.
1.4 In these Terms and Conditions, unless the context requires otherwise, (i) capitalized terms shall have the meaning as ascribed to them in Section 18 ("Definitions") unless otherwise defined by inclusion in quotations and/ or parenthesis.
2.1 About Indiagames
SUBSCRIPTION TO THE SERVICE
3. Eligibility for Subscription
Only customers using the Service for their personal use, and customers who are living in India and accessing from an 'internet protocol' address originating from India may subscribe to the Service.
3.2 Services to Minors
4.1 Subscription Form
4.2 Computer equipment required to access the Service
Note for use of EXETENDER® software: The EXETENDER® software is the property of Exent Technologies and is protected by (i) the applicable international laws on author rights, (ii) the conventions and international treaties on author rights and (iii) any other laws applicable to it. It is offered to the User as a licensing contract giving limited and non-exclusive rights to use one (1) copy of the software on one (1) PC or laptop. The User is not allowed to copy, modify, extract source code, decompile, create a derived product, nor remove any identification of the name or the creators of the software, in parts or as a whole. The User is permitted to use the software solely for his personal use and does not have the right to: (i) sell, (ii) transfer, (iii) rent, or (iv) distribute the software to any person. On a new version of the software being available, the User will be prompted to upgrade the software to the latest version. It is clarified that software has been licensed to the User and is in no way sold.
5.Details of the Service
5.1 Subscription details
5.2 Trial offers
Indiagames may from time to time provide Users with a Trial Period for the use of the Site. Each User is permitted to subscribe to the Trial offered by the Site only once.
Indiagames has a loyalty programme known as ‘Club IG’. Under the program, the User earns points by using the Services provided by Indiagames. These points can be redeemed by the User for the gifts which are available for such redemption on Site. Indiagames shall not be liable for any defect in the quality of the gifts provided under the Club IG loyalty programme.
Payment for the various Services offered can be made by (i) the Indiagames GoD Scratch Card, (ii) permitted credit cards, (iii) online bank transfer, (iv) ITZ cash cards, (v) permitted debit cards, (vi) cash on delivery, or (vi) bank deposit.
6.Limitations on the Service
The User accepts and understands the following limitations of the Service provided by Indiagames.
6.1 Continuity of the Service
6.2 Accessible information
CODE OF CONDUCT
7.Users Code of Conduct
7.1 Conformation of use
The User is allowed to use the Service only for his personal use. The User is forbidden to use the Service for professional, commercial and/or promotional aims.
7.2 Confidentiality of the User
7.3 Respect of the applicable laws
7.4 Intellectual property
7.5 The use of the Service is authorised only for personal use and does not allow the User to:
DECLARATIONS AND UNDERTAKINGS
8.1 In filling the Subscription Form the User accepts that the subscription and the access to their account shall be subject to the information by the User given at the time of subscription and Indiagames’ ability in identifying and charging the appropriate Subscription Fee to the User.
8.2 The User undertakes that the information they have provided to Indiagames in the Subscription Form (including any PII or SPI provided by the User to Indiagames or to any payment collection agency employed by Indiagames) is true, accurate, current and complete. Further, the User undertakes that it will notify Indiagames of any change in the information provided by such User.
8.3 The User agrees to follow the instructions given under these Terms and Conditions, and any other instructions that may be given to the User on the Site.
8.4 The User agrees to refrain from any illicit acts aimed at disrupting or harming the Service and/or Indiagames and/or any other party.
8.5 The User confirms that he/she understands:
8.6 If the User is selected as the ‘Gamer of the Week’, their photos may be posted on the Site. Further the reviews posted by the Users may be posted on any social networking site by Indiagames. The User, by agreeing to these Terms and Conditions, is giving his/ her consent to Indiagames to post such photos on its Site and their reviews on any social networking site that Indiagames chooses. The User also undertakes that the photo posted or e-mailed by the User to Indiagames is the User’s photo.
DATA PROTECTION AND PRIVACY
The IT Act and the IT Rules provide the legal framework that defines how personal information can be used.
10.Indiagames Privacy Statement
10.1 Indiagames shall comply with the provisions of the IT Act and the IT Rules. The following principles will be applied when we handle your personal information:
10.2 These principles shall apply for information of the User, irrespective of the medium of information in which it is received or stored by Indiagames.
10.3 User’s details shall be added to mailing lists of Indiagames’ partners without prior approval of the User. By agreeing to these Terms and Conditions, the User is deemed to have granted his/ her consent to permit Indiagames to distribute the User’s details to partners of Indiagames.
10.4 During the use of the Service, some statistical information is gathered and transmitted to our partners (game, time of use, collection chosen, internet protocol address, configuration of the User’s personal computer, browser details, type of operating system, device information, etc.). Such information does not contain any nominative information about the User and is used only to asses our service and the average hardware and software capabilities of our Subscribers.
10.5 The User hereby grants his/ her consent to Indiagames to collect any PII that may be required by Indiagames. Although Indiagames does not directly collect any SPI from the User, if the User voluntarily provides Indiagames with any such information, Indiagames shall keep such information confidential, and the User shall be deemed to have given consent to Indiagames to collect such SPI.
LIABILITY AND INDEMNIFICATION
11. Limitation of liability of Indiagames
11.1 To the extent required by applicable law, we do not limit in any way our liability for death or personal injury caused by our negligence or for our fraudulent misrepresentation or concealment or for any other liability which cannot be excluded or limited by applicable laws.
11.2 Subject to applicable law, under no circumstances, including negligence, shall we, our group undertakings, our and our group undertakings’ licensors or licensees, or any of the foregoing entities’ respective resellers, distributors, service providers or suppliers, be liable to you or any other person or entity for an amount exceeding the amount paid by you, if any, or [__________] (whichever is less) for any direct, indirect, incidental, special or consequential damages including lost profits, personal injury (including death) and property damage of any nature whatsoever, that result from the use of, or the inability to use, the Site, games or content. Moreover, subject to applicable law, under no circumstances shall we, our licensors or licensees, or any of the foregoing entities’ respective resellers, distributors, service providers or suppliers, be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our or their reasonable control.
11.3 Subject to Section 11.2 above, the User agrees that Indiagames cannot be held responsible for any damages, be they physical or mental, direct or indirect.
11.4 Subject to applicable law, we may terminate your further access to the Site or change the Site or delete content or features in any way, at any time and for any reason or no reason without liability.
11.5 Indiagames shall not be liable for any actions taken by it with respect to the Service if they are taken pursuant to any obligations that it has under any of the agreements entered into it with its various service partners. Indiagames, on a good faith basis, shall attempt to ensure that the Services provided to the User are not affected by any action it may have to take.
11.6 The limitations, exclusions and disclaimers in this Section and elsewhere in these Terms and Conditions to apply to the maximum extent permitted by applicable law.
TERMINATION OF SERVICE
13. Suspension/ Termination of the service
13.3 We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.
13.4 The Services can be terminated by Indiagames, without notice and with no liability on Indiagames if:
13.5 It is hereby clarified that if the Subscription is terminated as per this Section 13, Indiagames shall not be liable to refund any portion of the Subscription Fee.
14. Modifications of the Terms and Conditions
The User is informed that Indiagames has the right to change at any time the Terms and Conditions, as long as they are altered on the document available online and that the User is informed in advance via email. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.
15. Epilepsy warning
A very small portion of the population suffers from a medical condition which may cause them to experience Epileptic seizures or have momentary loss of consciousness when viewing certain kinds of flashing lights or patterns. These persons may experience seizures while watching some kinds of television pictures or playing certain video games. Certain conditions may induce previously undetected Epileptic symptoms even in persons who have no history of prior seizures or epilepsy. If you or anyone in your family has an epileptic condition or has experienced symptoms of an Epileptic condition (e.g. a seizure or loss of awareness), we would advise you to immediately consult your doctor before using any of the software available on the Site. We recommend that parents observe their children while they play games. If you or your child experiences any of the following symptoms: dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions, we would recommend that the User DISCONTINUE USE IMMEDIATELY and consult your doctor.
16. Reservation of Rights
Indiagames reserves the right to sell, transfer or bring in a third party for whatever reason whilst following the obligations of the present contract. If one of any of the dispositions stated in the present contract is taken as null or without object, it will be considered as not written and will not lead to the nullity of other stipulations.
17. Jurisdictional and venue issues
"Devices" means the personal computers devices on which the Services are available to Users.
"Indiagames" means Indiagames Limited.
"IT Act" means the Information Technology Act, 2000.
"IT Rules" mean the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
"PC" means the personal computer used by the User.
"PII" means personally identifiable information collected by Indiagames from the User.
"Service", "Services" means the services supplied by us to you in relation to these Terms and Conditions.
"SPI" means sensitive personal information collected by Indiagames from the User
"Subscription" means the agreement that you will pay for our Services by signing-up and registering your credit/ debit card details, bank details, via our Website.
"Subscription Fee" means the subscription fee paid by the User for the use of the Service.
"Subscription Form" means the form to be filled by the User before being granted access to the Website.
"Site", "Website" means the website operated by us at the following address http://god.indiagames.com.
"Trial" means the use of the Service by the User for a specified Trial Period.
"Trial Period" means the specified time for which a User may be allowed to use the Service as a Trial.
"We" "Us" or "Our" means all entities that control, are controlled by, or are affiliated or under common control with Indiagames.
"You", "Your", "Subscriber", "Subscribers", "their", "User", "He/ She" means any person seeking to subscribe Services from us via our Website, and shall include the parent/ legal guardian of the subscriber if such subscriber is a minor. The User must be accessing the Website from India. INDIAGAMES HAS ATTEMPTED TO MAKE THESE TERMS AND CONDITIONS AS CLEAR AND PRECISE AS POSSIBLE. FOR ANY QUESTIONS CONCERNING THE PRESENT CONTRACTUAL TERMS AND CONDITIONS, PLEASE CONTACT US AT OUR HELPDESK ADDRESS AT email@example.com.
THE USER MAY CONTACT OUR CUSTOMER SUPPORT CENTER BY CONTACTING 18004250500 BETWEEN 9 A.M AND 9 P.M. OR USE OUR CHAT SERVICE AVAILABLE AT WEBSITE, BETWEEN 9 A.M. AND 9 P.M. FOR ANY QUERIES OR SUPPORT REQUIRED BY THE USER IN RELATION TO THE TERMS AND CONDITIONS OR THE SERVICES PROVIDED BY INDIAGAMES.
INDIAGAMES HAS A RIGHT TO WITHDRAW ANY OF THE SUPPORT SERVICES WITHOUT GIVING PRIOR NOTICE TO THE USER.
THE USER DECLARES THAT HE/SHE HAS READ AND UNDERSTOOD THESE TERMS AND CONDITION OF USE, HE/SHE HAS UNDERSTOOD ALL OF THE TERMS AND CONDITIONS AND THAT HE/SHE IS COMMITTED TO RESPECT AND COMPLY WITH THEM. FOR ANY QUESTIONS, PLEASE CONTACT US AT THE FOLLOWING ADDRESS: firstname.lastname@example.org