1.1. M/s Thrones Technologies Pvt. Ltd. is an Indian company incorporated under the Companies Act, 2013. We operate a mobile gaming App in India, which offers skill based digital games and provides related Services through its Website, partner websites, and other portals.
1.2. The capitalized terms used in this Agreement shall have the meanings ascribed to them under Definitions (Clause 2) or described otherwise under the terms of this Agreement.
1.3. Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided for.
1.4. This Agreement shall apply to all Users who visit the Platform, access the Services or register a player account including any contributors of content over the Platform, and/or any third party interacting with Us, directly or indirectly in official capacity or having/intending to have business or commercial relationships with Us, whatsoever as applicable.
1.5. By accessing, registering on, downloading, or using any part of the Platform or utilizing the Services, the Users agree to be bound by the terms as laid down under this Agreement.
1.6. If at any time the User does not accept or agree to any of the terms of this Agreement, on a continuing basis in relation to any of the Services offered on the Platform, they should discontinue using and/or accessing the Platform and the Services provided therein.
2.2. “Applicable Law” means all laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, orders, permits, and approvals, including those relating to health and safety, of any governmental authority or self-regulatory guideline that may apply to the Users or is related to the subject matter of this Agreement as applicable in the territory of India.
2.3. “Contest” is a skill-based competition and/or Games on the Platform in which Users compete either in a tournament or by playing the Games on the Platform. Contest can be either ‘Paid’ or ‘Free-to-play’. Paid Contests will require the User to pay an entry fee to participate. Free-to-play Contests do not require the User to pay an entry fee to participate.
2.4. “Games” shall mean the skill based GT Games or other games that are provided, hosted and developed by Us and made available to Users on the Platform.
2.5. “Personal Information” means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
2.6. “Winnings” is an award in the form of cash, subject to the Rules of the relevant Contest, Games and/or Services, given to User for qualifying the applicable winning criteria.
3.1. You must be at least 18 years of age to access and use the Services provided on Our Platform;
3.2. You must agree to be bound by the terms of this Agreement; and
3.3. You must be an Indian Citizen residing in India except in the states with limitations. If you are not residing in the territory of India or you are residing in the states with limitations please do not sign up for the contests.
If You do not meet any or all of these criteria, please DO NOT use the Services provided by Us.
4.1. We provide the Platform to You on which You can play Games and/or enter into Contest or avail Services offered by Us.
4.2. You may register by approving and agreeing to this Agreement and providing Your name, email id and registered mobile phone number on the Platform. Upon submission of your registration details an account will be created for You (“Account”) after verification by the generation of One time password by Us.
4.3. By registering for an Account, You represent, warrant and agree that:
4.3.1. You fulfil the eligibility criteria as detailed in Clause 3 (User Eligibility Criteria);
4.3.2. You are using Your actual identity and the mobile phone number you have provided is registered in Your own name;
4.3.3. You are not residing in Assam, Karnataka, Nagaland, Odisha, Telangana, Gujarat, or any other State with limitations.
4.3.4. You will disclose and submit only true, accurate, updated, and complete information about Yourself, including optional information such as Your profile photograph, cover photograph, user-id, biograph, audio status etc., on the Platform (“User Details”);
4.3.5. You will at all times maintain and promptly update the User Details and other information that You provide on the Platform to keep it true, accurate, current, and complete.
4.3.6. You agree to receive promotional and marketing event messages at Your registered phone number.
4.3.7. You are authorized to use the Platform and will abide by the terms of this Agreement.
4.4. The Users acknowledge that their User Details will be visible to other Users while playing/accessing Games and/or Contest on the Platform and shall be available for Us to create promotional and interactive content over the Platform.
4.5. Your Account is for Your personal use only and should not be used by any person other than You. You warrant that You shall not impersonate any other person not being You.
4.6. You also agree that You will be solely responsible for any activities conducted on or through Your Account regardless of whether or not You are the individual who undertakes such activities. This includes any unauthorized access and / or use of Your Account.
4.7. We reserve the right to deny or revoke Your access to the Platform, or deactivate Your Account completely, or any part thereof, at any time in its sole discretion, with or without cause.
4.8. You release and hold harmless Us from any and all claims and causes of action arising out of or resulting from a third party’s unauthorized access or use of Your Account.
5.1. In order to participate in Contests and Games and/ or availing the Services on the Platform, the Users may be required to pay a non- refundable and non-transferrable entry amount (“Deposit”) via credit/debit card, online banking, UPI, and/or other approved modes of payment. The tickets for playing in a Contest and/or Games will only be issued upon successful realization of the Deposit amount.
5.2. The Deposit may be used to participate in Contests and/or Games in the manner provided under the respective rules of that Contest, Games and/or Services.
5.3. Winnings for all Contests and/or Games shall be declared after the end of each Contest/Games along with the name of the winners. Winnings from Games and/or Contest will be in the form of cash and will be transferred to the winning Users bank account on providing valid credit/debit card, online banking, UPI, and/or other approved modes of payment details.
5.4. Users will be eligible to withdraw their Winnings from his/her Account to his/her respective bank/wallet account once it is KYC (Know Your Customer) verified.
5.5. KYC verification is mandatory as a proof of identity for making withdrawals from Your Account to Your bank/wallet account. KYC verification may be done through the Platform by providing certain details: (i) photograph of a valid government ID (Aadhaar Card, Driving License, PAN Card, Voter Card, Driving License etc.); and (ii) other User Details.
5.6. We do not issue receipts for entries in the Contests and/or Games. The entries are accounted within the Account on the Platform. It is the responsibility of the Users to ensure that the entries are accurate and the Winnings are duly credited to his/her Account.
5.7. Any tax/levies/duty etc., as applicable on Winnings, shall be paid by the winner of the Contest or Games. Based on TDS (tax deducted at source) Rules for any sort of game winning in India, TDS should be deducted on any winning above Rs.10,000/- in a single game. Accordingly, We reserve the right to deduct TDS on Winnings above Rs.10,000/- on Games and/or Contest before releasing the Winnings prize/product/amount and/or in whatever name called.
6.2. You shall not access the Services and/or Platform by any other means other than through the interfaces that are provided by Us.
6.3. You are prohibited from violating or attempting to violate the security of the application, including, without limitation, (1) accessing data not intended for such User or logging into a server or account which the User is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of updating a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", and/or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
6.5. You warrant that you shall not host, display, upload, modify, publish, or share any information on the Platform that:
6.5.1. belongs to another person to which You do not have any right; or
6.5.2. is harmful, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, racially objectionable, disparaging, relating to encouraging money laundering or gambling or otherwise unlawful in any manner; or
6.5.3. engages in any activity that interferes with or disrupts access to the Platform or Our servers / networks.
6.5.4. 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.
6.5.5. 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.
6.7. Any Users’ continued usage of the Platform after any such update, change, replacement or modification in the Agreement constitutes their valid consent to such changes.
7.1. All reproduction or distribution of any material on the Platform, including but not limited to text, images, music and software programs is strictly prohibited, unless explicitly stated otherwise. We reserve any and all rights not expressly granted herein.
7.2. All logos, brands, marks headings, labels, names, signatures, numerals, shapes, slogans or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the Company and or its associate entities who feature on the Platforms and may not be used in any way without the prior written approval of the Company. User’s use of the Platform shall not be construed as the grant of any license or right to use any trademarks or names appearing on the Platform.
8.1. We encourage Users to adopt a healthy and balanced approach while engaging with any of the Games on the Platform and safeguard themselves against any adverse effects. If played responsibly, digital games (like other forms of sports) aim to encourage Users to develop their mental prowess, hand-eye co-ordination, and competitiveness.
8.2. You should take certain standard health and safety precautions while accessing any Services on the Platform. You are advised to take adequate breaks, sitting at a reasonable distance from the screen, playing in a well-lit environment, and avoiding playing when tired, drowsy, intoxicated or under the influence of drugs. Avoid playing without breaks over long periods of time as this could affect Your performance and could negatively impact hand-eye coordination, balance, mental health, dexterity and multi-tasking ability.
8.3. The Platform or the Games offered on the Platform may contain flashing lights, realistic images, patterns and simulations which may cause certain side effects. If Your hands, wrists, arms, eyes or other parts of Your body become tired or sore while playing, or if You feel symptoms such as tingling, numbness, burning or stiffness, stop and take adequate rest before playing again. If You continue to have any of these above symptoms, please stop playing IMMEDIATELY and consult a doctor for necessary medical attention.
8.4. If You participate in any Contest or play any Games on the Platform, always be aware of Your surroundings, and avoid doing multiple tasks. While playing any Games You may be moving around the play area and using Your hands to control gameplay. You must ensure that You are not near other people, objects, stairs, balconies, windows, walls, furniture or other objects that may pose a danger to You or could be damaged during the play. Never handle sharp or dangerous objects while playing any Games on the Platform.
8.5. It is Your responsibility to control Your surroundings and movements at all times when playing the Games to ensure that You don’t injure Yourself, any other persons, damage any property etc. Any playing of the Games 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.
8.6. You hereby agree that if the terms of this Agreement are not adhered by You, We will be irreparably damaged, and therefore You agree that the Platform shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect to any breach of this Agreement, in addition to any other remedies available under Applicable Law.
9.1. The Users shall indemnify, defend, and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of Services on the Platform or in relation to other expenses (including legal and statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or in connection with:
a. The User’s breach of any of the terms of this Agreement;
b. Any claims made by any third party due to, or arising out of, or in connection with User’s use of Our Platform, a Contestant’s participation in a Contest on the Platform, or a Contestant’s winning / claiming the Winnings of such Contest;
c. The User’s violation of any rights of another, including intellectual property rights; and
d. The User’s violation of any applicable laws.
9.2. Notwithstanding anything to the contrary in this Agreement, in no event shall , the Company, its officers, directors, employees and agents if any, be liable to the User or anyone claiming through the User in respect of any subject matter of the terms of this Agreement or Contest(s) and/or Games under contract, negligence, strict liability or other legal or for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty or negligence or any other claim arising out of or in connection with the use of or access of the Platform.
10.1. These Terms shall be governed by the laws of India.
10.2. You agree that We are solely based in India, and nothing shall give rise to personal jurisdiction over Us in jurisdictions other than New Delhi, India, and You shall not raise any claims against Us in any court or forum in any jurisdiction other than New Delhi, India.
10.3. Any claim or dispute between the User and Us shall be entertained and tried solely and exclusively by a court of competent jurisdiction located in New Delhi, India, and no other place whatsoever.
11.1. The Contest and/or Games offered on Our Platform are strict cash tournaments in Games of Skills (defined below). We do not endorse, support or offer to Users ‘games of chance’ for money. Participating in Games of Skill competitions for cash prizes is legal in all states of India except Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim, Tamil Nadu, and Telangana.
for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.
provision of the Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Us. Any consent by Us to, or a waiver by Us of any breach by the User, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
complaints, abuse or concerns with regards to the use/access of our Platforms, availment of Services and/or processing of information provided by you, content and or comment or breach of the terms of this Agreement shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to Madhav Sharma ("Grievance Officer") Email: [email protected].
A Game of Skill is a game where the outcome is principally upon superior knowledge, training, attention, experience and adroitness of the player rather than on chance. We do not support, endorse or offer to Users ‘games of chance’ for money. It is the dominant element of skill or chance which determines the character of the game. The outcome or success in the Contests and/or Games hosted on Our platform is directly dependent on the Contestant’s effort, performance and skill. Users’ skill and knowledge of the Contest may be enhanced with practice over a period of time. Additionally, Contest and/or Games on the Platform have rules and Users are encouraged to read, understand, and follow them.
The Games conducted by Us involve an enhanced level of skill as the Users are required to be attentive, fast, and experienced. Independent Games and/or Contests reward different skills, including but not limited to knowledge of the game, familiarity with rules, practice, hand-eye coordination, etc.
The two main enactments dealing with gaming in India, are the pre-Independence Public Gambling Act, 1867 (“PGA”) and the Prize Competitions Act, 1955 (“PCA”) and both create a specific exception for Games of Skill.
With respect to the PCA’s regulatory ambit, in the case of R. M. D. Chamarbaugwalla v. Union of India, the Supreme Court held that the only competitions that are sought to be controlled and regulated by the PCA are those in which success does not depend to any substantial degree of skill. Therefore, it ruled that games that are predominantly based on skill are excluded from the regulatory purview and penalising terms of the PCA. This position was reiterated in the case of News Television India Ltd. v. Ashok D. Waghmare where the Bombay High Court found the programme ‘Kaun Banega Crorepati’ to be based around a game of skill and not in violation of the PCA as it essentially required a participant to utilise his / her general knowledge and memory to provide answers to questions on various topics such as history, geography, sport, music, politics, cinema, science and technology, etc.