WITHDRAWAL, REFUND AND CANCELLATION POLICY
The withdrawal, refund and cancellation policy (to be called as a “Refund Policy”) shall be read, understood and comprehended along with the terms and conditions (“Terms & Conditions”) governing the products and services offered to the user by GoodGamer India Private Limited (“GoodGamer”). We assume that you are well versed with the Terms & Conditions before entering into any arrangement with us. Unless otherwise defined in this Refund Policy, the terms used in this policy will have the same meanings as provided in the Terms.
For the purposes of this Refund Policy, “User” shall have the meaning ascribed to it under the Terms & Conditions.
We adopt a two-tier payment mechanism wherein the User is required to pay:
- Participation Fee – contributes to the prize pool of the specific contests being entered
- Platform Fee – as designated in the specific contest rules, the fee taken by GoodGamer for running the contest and maintaining the contest platform.
For the purpose of availing the products or services, the User shall transfer a certain amount (“Deposit Amount”) to a bank account, which is maintained by our partner bank (“Wallet”). GoodGamer shall maintain an electronic ledger in relation to each User’s Deposit Amounts as deposited into the aforementioned bank account. The Deposit Amount shall be used by the User for initiating the payments, as required, for the purpose of participating in the gaming contests and leagues conducted by us (“Participation Fee” and “Platform Fee”). All such deposits and payments shall be made through the payment gateways as designated by us on our website and/or mobile application.
In the event that money has been charged to the User’s credit card, debit card, pre-paid payment instrument or bank account (“Payment Method”) and respective amount is not added in the User’s Wallet within 24 hours of the completion of the transaction, then the User shall inform us by sending an e-mail to support AT goodgamer DOT in from your registered e-mail address. The User is required to provide the following details in the e-mail – mobile number, method of payment, transaction value, transaction date and transaction ID. We will investigate the matter and, if it is found that the said amount was indeed charged to the User’s Payment Method without delivery of the balance in your Wallet, then we will refund the money as quickly as reasonably possible but within not more than 14 (fourteen) business days from the date of receipt of the User’s e-mail. All refunds will be returned to the original source of funds i.e. the Payment Method, unless otherwise intimated to us.
The User can initiate the withdrawal of winnings only upon the aggregate winnings being greater than INR 150 (“Minimum Amount”) through the process as may be highlighted on the mobile application and website from time to time. The User is required to submit the details in relation to the wallet or bank account number, PAN as well as the amount which is required to be withdrawn which shall always be subject to the Minimum Amount (“Withdrawal Notice”). Upon the receipt of the Withdrawal Notice, we shall initiate the withdrawal of the winnings to the User after deduction of the applicable charges in relation the usage of the platforms.
The User shall be entitled to a refund of the full Participation Fee and Platform Fee in the event any paid Contests are cancelled by us for the reasons not attributable to the operations conducted by us. However, it is abundantly clarified that in such cases the Participation Fee and Platform Fee shall be credited to the User’s account within GoodGamer. Nothing contained in this paragraph shall be deemed an obligation on GoodGamer to refund the Participation Fee or Platform Fee to original payment method of the User.
The User can initiate the refund of the Participation Fee, in accordance with procedure as prescribed in this Refund Policy. However, save for the reasons mentioned in the above-mentioned Paragraph, the refund of the Participation Fee shall only be allowed in the limited circumstance where the erroneous payment is being made by the User for the Contest, which reflects the genuine mistake of the User in submitting the said fee for participating in a particular Contest. The Refund Notice shall be sent to us by the User within 15 minutes of the User erroneously entering the Contest. Provided however, no User shall be entitled to any refund in relation to its Participation Fee if the Contest has already begun as per the respective Applicable Contest Rules, nor is the User entitled to a refund of the Platform Fee under such circumstances.
The reason provided by the User, under this scenario, shall be analyzed by us and upon establishing the true intent behind the request of the refund, we shall initiate the same, upon our sole and absolute discretion. It is made abundantly clear that refunds of this nature are processed as a credit to the User’s GoodGamer account, and shall not be refunded to the User’s original payment method.
We will try our best efforts to make the refund of the amount smooth for the User.
No refund shall be processed to the User in the events relating to the technical glitch faced by us in terms of maintenance on the servers or the technology that underlies our website, failure of service providers, software defects, cyber space hazards like computer viruses, hacks, bugs, tempering, unauthorized intervention, fraud and other relating mis-happenings. Further, no refund shall be allowed for any prize or reward wherein, the same cannot be transferred or redeemed in cash or in kind. We are also not liable for any prospective winnings from any incomplete Contest. Once the User has participated in the Contest and lost the same then the User cannot demand the refund of the Participation Fee paid to participate in the Contest. In the event, the User is not able to play the Contest due to his network issues, faulty hardware, low computer configuration or for any other related reason, the User is not entitled to any refund of the Participation Fee paid for that particular Contest.
Except for the time period prescribed for the refund under any specific clause mentioned under this policy, the refund shall be made through the Payment Method of the User within the period of not more than 14 (fourteen) business days.
In the event the User has not utilized its Wallet balance for a period of 335 (three hundred and thirty-five) days, then as per applicable law, any unutilized Wallet balance shall be forfeited to us.
We reserve the right to modify or amend our Refund Policy, without providing any notice or intimation to you. You shall update yourself with the renewed policy terms, as and when possible.
- i. If any dispute arises out of or in connection with this Refund Policy, including any question regarding its existence, validity or termination, the aggrieved Party(ies) (“Claimant”) may give the other Party(ies) (“Respondent”) notice that a dispute has arisen. The Claimant and the Respondent shall endeavour to settle such dispute amicably. However, where the Claimant and the Respondent fail to amicably settle any dispute within 10 (ten) days of such dispute arising, the dispute shall be referred to and finally resolved by arbitration under the terms of the (Indian) Arbitration and Conciliation Act, 1996 (“Arbitration Act”) as well as in accordance with the rules made thereunder (“Arbitration Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
- ii. A Claimant seeking to commence arbitration under this Clause shall first serve a written notice, specifying the matter or matters to be so submitted to arbitration, on the Respondent hereto.
- iii. The Claimant and the Respondent shall appoint one arbitrator each. The arbitrators so appointed shall appoint the final arbitrator who shall act as the Chairman of the arbitration tribunal. In the event that the arbitral panel is not constituted within 60 (sixty) days of raising of any disputes, the Claimant and the Respondent shall forthwith approach the requisite Governmental Authority under the terms of the Arbitration Act , which shall appoint 1 (one) arbitrator in accordance with the Arbitration Rules, who shall be the sole arbitrator.
- iv. The seat of the arbitration shall be Mumbai.
- v. The language of the arbitration shall be English.
- vi. All claims and counterclaims shall, to the extent such claims or counterclaims are known at the time any arbitration is commenced, shall be consolidated and determined in the same arbitration proceedings.
- vii. Deposits to cover the costs of arbitration shall be shared equally by the Claimant and the Respondent. The award rendered by the arbitrator shall, in addition to dealing with the merits of the case, fix the costs of the arbitration and decide which of the Parties shall bear such costs or in what proportions such costs shall be borne by the Parties hereto.
- viii. The award rendered by the arbitrator shall be final, conclusive and binding on all Parties to this Refund Policy.
- ix. Nothing shall preclude any Party from seeking interim or permanent equitable or injunctive relief, or both, from the competent courts, having jurisdiction to grant relief on any disputes or differences arising from this Refund Policy. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the Parties to pursue any remedy (including for monetary damages) through arbitration as described in this Clause.
- i. If any provision of this Refund Policy is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Refund Policy shall continue in full force and effect. No failure to exercise or waiver of any provision of this Refund Policy shall be deemed a further or continuing waiver of such provision or any other provision of this Refund Policy.
- ii. This Refund Policy is binding upon the User, their heirs, executors, beneficiaries, successors and assigns and the User may not assign this Refund Policy to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.
- iii. The User agrees to provide such further documents or instruments, and take such further actions, reasonably requested by GoodGamer to evidence, give effect to the purposes of this Refund Policy and carry out its provisions.
- iv. GoodGamer may assign this Refund Policy in part or in their entirety, including our rights, interests, and obligations hereunder, without notice to the User or their consent.