TERMS & CONDITIONS
Good Gamer India Private Limited, together with its holding companies, subsidiaries and affiliates (hereinafter referred to as “us”, “we” and/or “Company”) welcomes you to GoodGamer.in (the “Site”) and the to the GoodGamer Mobile Application (“App”). “GoodGamer” shall collectively mean the Site and the App. These are the Terms & Conditions (the "Terms & Conditions") that govern your (“User”) access to, and use of GoodGamer.
The ability to participate in contests or games made available to the User by GoodGamer (each, a “Contest”), is only intended for, and directed to, residents of jurisdictions where the Contest and accessing GoodGamer is lawful and such residents have attained the age of majority within such jurisdictions.
If the User is accessing GoodGamer on behalf of an entity, then: (I) such User represents and warrants that User: (i) is an authorized representative or agent of that entity with the authority to legally bind such entity to these Terms & Conditions; and (ii) agree to be legally bound by these Terms & Conditions on behalf of such entity; and (II) the words “User”, “you” and “your” as used in these Terms & Conditions will refer to and apply to both that entity and you personally.
By accessing and using GoodGamer, the User signifies that they have read, fully understand and agree to be legally bound by these Terms & Conditions, including without limitation that the User will comply with all applicable laws, regulations, contest rules (for example, if the User enter or otherwise participate in Contests made available to the User via GoodGamer) (the “Applicable Contest Rules”).
IF THE USER DOES NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS & CONDITIONS, THE USER IS NOT PERMITTED TO ACCESS OR USE GOODGAMER.
We suggest the User print a copy of these Terms & Conditions for their records.
Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of these Terms & Conditions at any time without incurring any liability or obligation whatsoever to the User or any other person or entity. If we do this, we will post the changes to these Terms & Conditions at least thirty (30) days before the amendment comes into effect, and will indicate at the top of this page the date these Terms & Conditions was last revised. In addition, if the User has registered for an account we will provide such a User a notice using email and/or mailing address, or any other contact information we have in our Registration Data, in our discretion, and setting out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. The User may refuse the amendment and rescind, or cancel the participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. To the fullest extent permitted by applicable law, the User’s continued access to and/or use of GoodGamer after the date specified in such notice constitutes the User’s full acceptance of, and agreement to be legally bound by, the terms of these Terms & Conditions, as revised.
The User hereby acknowledges and agrees that we reserve the right at any time to modify or discontinue the whole, or any part of, GoodGamer, without notice, and that we will not be responsible or liable, directly or indirectly, to the User or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
Further, the Company may in its sole discretion, in relation to GoodGamer: (i) Restrict, suspend, or terminate any User's access to all or any part of GoodGamer or the Contests; (ii) Change, suspend, or discontinue all or any part of the Contests; (iii) Reject, move, or remove any material that may be submitted by a User; (iv) Move or remove any content that is available on GoodGamer; (v) Deactivate or delete a User's account and all related information and files on such User’s account; (vi) Establish general practices and limits concerning use of GoodGamer and operation of the Contests; (vii) Offer discounts to its users in form it deems fit ("Bonus Coins"); or (viii) Offer sign-up and referral bonuses in the form a “Cash Bonus” in a form and manner as the Company deems fit The Cash Bonus and the Bonus Coins shall collectively be known as “Discounts”. All such Discounts shall be credited in a separate account called as Bonus Coin Account and Cash Bonus Account, respectively.; (viii) Revise or make additions and/or deletions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant Sports Event (as defined below); and (ix) Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids).
2. Registration and Account Security
To access and use certain features of the services, GoodGamer and the Contests the User shall be required to register for an account. When the User creates an account, the User agrees to: provide accurate, current and complete information about oneself as may be prompted (“Registration Data”); maintain the security of the password and identification; and maintain and promptly update the Registration Data to keep it accurate, current and complete. The User shall be responsible for making sure that the password is secure and safe, and the User accepts all responsibility for any activity that occurs through the User’s account, with or without their knowledge. The User agrees that they will not do anything that might jeopardize the security of their account, including sharing their password with or logging in through unauthorized third-party applications or clients. If the User uses any such application or client, the User acknowledge and agree that we will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of the User’s account information or messages. We may need to contact the User about the use of GoodGamer and/or the Contests. These communications are part of the Services and the User may not opt-out from receiving them. When registering with us (or a third party) to use any such features and/or portions of the GoodGamer, the User agrees:
(i) that such User will provide complete and accurate information about themselves; and
(ii) to update such information as it changes such that it always remains complete and accurate.
In the event that User does not provide or update such information, or we have reasonable grounds to suspect that the User has not provided or updated such information, we shall have the right, in our sole and absolute discretion, to prevent the User from using GoodGamer, or any features and/or portions of GoodGamer. As noted above, the User may also be permitted to access or use certain features and/or portions of GoodGamer via personal account(s) with third parties (for example, personal social media accounts). It is the User’s sole responsibility to keep password(s) confidential and secure. In the event that the User’s username(s) or password(s) is used without the User’s consent or if the User discovers any other breach of security, the User agrees to immediately notify us at privacy AT goodgamer DOT in. The User’s account(s), username(s) and password(s) are personal to such User and may not be shared with or transferred to any other person. We are not responsible for the User’s failure to comply with this clause, or for any delay in shutting down such User’s account after a breach of security has been disclosed to us. The Users are solely responsible for any and all activities which occur in connection with their User account.
The User shall be required to provide it’s: (i) first name; (ii) last name; (iii) mobile number and/or e-mail address to create an account for the purposes of participating in Contests as listed on GoodGamer. In order to participate in paid Contests, the User shall be required to top-up funds into its account using a payment method as may be specified on GoodGamer from time to time.
By entering or otherwise participating in any Contests, the User agrees to be legally bound by the Applicable Contest Rules. The User is solely responsible for ensuring that participation in any Contest is compliant with all applicable laws, regulations and Applicable Contest Rules.
4. Applicable Contest Rules
- I. User Conduct
- i. a User shall not register or operate more than one User account on GoodGamer and/or with the Company;
- ii. Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with the Contests and/or the GoodGamer experience or assist in such activity;
- iii. Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt GoodGamer or any other person's use or enjoyment of GoodGamer in any manner or form.
- iv. Users shall not attempt to gain unauthorised access to the User accounts, servers or networks connected to GoodGamer by any means other than the User interface provided by the Company, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of GoodGamer.
- II. Participation Criteria
- i. The User shall have attained the age of 18 as on the date the User creates an account as under Clause 2 above;
- ii. The User shall be a citizen of the Republic of India and shall have address in the Republic of India;
- iii. The User shall be allowed to enter paid Contests only if such User is not a resident of Assam, Odisha, Telangana, Nagaland, Andhra Pradesh, Tamil Nadu, or Sikkim.
- iv. No User shall enter a prize Contest if such User is an employee or operator of another daily fantasy sport platform with a similar model to that of the Company and/or GoodGamer
- v. No User shall vide its affiliation with another daily fantasy sport platform have access to such daily fantasy sport platforms non-public confidential data
- vi. The User shall not be athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners with respect to the sport for which the Contest is created.
- vii. The User shall not falsify ones’ own personal information
- viii. The User shall not engage in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user;
- ix. No User shall accumulate points or prizes through unauthorized methods such as automated bots, or other automated means;
- x. No User shall tamper with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
- III. Contest Details
- i. As a part of its services, the Company shall make such Contests available on the GoodGamer platform as listed on the Contests page available by clicking the title of the respective game (each a “Game”)
- ii. Users intending to participate in such Contests shall be invited to create their own fantasy team (“Team”) consisting of real-life athletes and/or players with respect to each Game for the duration of the match and/or a tournament with respect to the Game.
- iii. Depending upon the circumstances of each match, the Users can edit their Teams till the official match start time as declared by the officials of the Game event or adjusted deadline.
- iv. Teams shall be awarded points on the basis of the real life athletes and/or players performances at the end of a designated Game event, match or tournament of the Contest(s). The User whose Team(s) have achieved the highest aggregate score(s) in the Contest(s) shall be declared winners ("Winners").
- v. The Contests in addition to these Terms & Conditions shall be governed by fantasy rules in relation to each Game, as available by clicking the title of the respective Game within the contest section of the app.
- vi. Users may participate in the Contest(s) by paying the pre-designated amount as provided on the relevant Contest page. The ‘pre-designated amount’ means and includes pre-determined platform fee for accessing the Company services and pre-determined User’s contribution towards prize money pool. The winners of a Contest shall be determined based on the rules which govern the Contest in question as stated on the relevant Contest(s) page.
- vii. The Users acknowledge and agree that, unless otherwise stated in the contest rules specific to that contest, they may enter only one Team in any Contest offered in relation to a Game Event, match or tournament.
- IV. Game of Skill
- i. Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
- ii. The Contest(s) as envisaged above are games of skill as the success of the Users depends primarily on their superior knowledge of the Games, statistics of such Games, knowledge of athletes and/or players relative form, athletes' and/or players performance in a particular setting, the strength of the real-life team, attention and dedication towards the Contest(s) and adroitness in playing the Contest(s). The Contest(s) also requires Users to field well-balanced sides with limited resources and make substitutions at appropriate times to gain the maximum points.
- iii. By participating in such Contests, the Users acknowledge and agree that they are participating in a game of skill.
- V. Validation of Results/Winners
- i. The calculation and display of points during the period wherein the Game with respect to the Contest is in process is purely of enjoyment and informative purposes. No calculation of points shall be considered as final and binding till such time as the Company declares it as such.
- ii. Upon validation of the statistics in relation to Game upon completion of the Game by the statistics providers of the Company, GoodGamer shall update the status of the Contest as ‘Completed’. The points as displayed post such completion shall be the final points awarded to Users in relation to the Contest and same shall be final and binding on the User.
- iii. The Company shall receive the statistics from various third-party providers and the same shall be subject to change based on the commercial agreements between the Company and such third-party providers.
- iv. In the event of any corrections being issued in relation to Contests by the third-party providers post the winnings being deposited in the account maintained by the User with GoodGamer, such changes shall not impact the results of the Contests in any manner or form. Provided however, if any of the aforementioned corrections are due to any bugs and/or errors arising due to GoodGamer’s systems, servers or applications, the results of the Contests shall be adjusted accordingly.
5. Payment Terms
- i. In addition to these Terms & Conditions, any and all amounts collected from the Users in relation to winnings from Contests are held in separate non-interest earning bank accounts. These bank accounts shall be operated for the purpose of payouts in relation to winners as laid out under Clause 4 (III) above. In addition to the above, such account shall be utilized in relation to payouts made to: (a) Users (towards their withdrawals), (b) Company (towards its platform fees); and (c) the Government (towards tax deducted at source on winning amounts).
- ii. It is clarified that the Company has no right or interest in any prize money pool, and only acts as an intermediary engaged in collecting and distributing the prize money pool and/or winnings in accordance with the Contest terms and conditions and these Terms & Conditions. The amount to be paid-in by the User towards the prize money pool would also be debited from the User’s account balance maintained in the bank account as stated under Clause 5 (i) above.
- iii. Each User shall be provided an account for the purposes of loading cash through a designated payment gateway. The balance of such an account shall be an aggregate of the cash loaded by the User through such payment gateway and the total winnings of such a User on GoodGamer.
- iv. A User shall be permitted to withdraw any winnings credited into such User's account for any reason whatsoever through a process as may described on GoodGamer from time to time. All amounts credited into a User's account must be utilised within 335 days of credit. In case any unutilised amount lies in the account after the completion of a continuous period of 335 days of non-active usage of the User’s account, the Company reserves the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to the User.
- v. In case of a withdrawal request by a User in relation to the winnings in the User’s account, the Company shall effect an online transfer to the User's bank account on record with the Company within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's account on GoodGamer and shall include fees in relation to usage of the GoodGamer platform as may be determined by the Company in its sole discretion. Users are requested to note that they will be required to provide valid photo identification, permanent account number (“PAN”) card address proof documents for proof of identity and address, and link the User’s payment wallet with the account of the User in order for the Company to process the withdrawal request. The name mentioned on the User's photo identification document should correspond with the name provided by the User at the time of registration with the Company on GoodGamer, as well as the name and address existing in the records of the User's bank account as provided to the Company at the time of such withdrawal request. In the event that no bank account has been registered by the User against such User's account with the Company, or the User has not verified his/her User account with the Company, to the Company's satisfaction and in accordance with these Terms & Conditions, the Company shall provide such User with a notification to the User's email address as on record with the Company. Failure to provide the Company with a valid bank account or valid identification documents (to the Company's satisfaction) within thirty (30) days of such e-mail, may result in the forfeiture of any amounts subject to transfer in accordance with this clause. In addition to the above, in the event the bank account of the User is from any of the territories as listed under Clause 4 (II)(iii) any funds and/or winnings of such User shall be forfeited and the User shall have no claims against the Company in respect of such funds and/or winnings.
- vi. The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that the Company has on third parties, any transactions on GoodGamer may take up to 48 hours to be processed. Users agree not to raise any complaint or claim against the Company in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting of transaction amount into any of the User's accounts.
- vii. Nothing contained herein shall be applicable for Bonus Coins and/or Cash Bonus as may be issued to Users by the Company from time to time for any reason whatsoever. Such Bonus Coins and/or Cash Bonus shall be utilized solely on the Platform and shall have no monetary value whatsoever. Bonus Coins and/or Cash Bonus may not be converted into cash and/or funds and shall not be subject to any form of refund and/or withdrawal vide these Terms & Conditions or the Refund Policy.
6. Verification of Winners
- i. Winners shall be contacted by the Company on the e-mail address and/or mobile number provided and available under the registration data. The verification process and the documents required for the collection of prize shall be detailed to the winners at this stage. As a general practice, winners will be required to provide the following documents: (a) electronic copy of the User’s PAN card; (b) User’s electronic wallet details and evidence of the same; (c) photocopy of a Government issued identification card containing residential proof.
- ii. The User shall represent and warrant that that the documents provided in the course of the verification process are true copies of the original documents to which they relate.
- iii. The Company shall not entertain any claims or requests for extension of time for submission of documents. The Company shall scrutinize all documents submitted and may, at its sole and absolute discretion, disqualify any winner from withdrawing his accumulated winnings (or any part thereof) on account of the following:
- a. User does not fulfil the eligibility criteria as under Clause 4 (II) above; or
- b. if the Company in its sole discretion believes that any document or information submitted by the User is incorrect, misleading, false, fabricated, incomplete or illegible.
- iv. The decision of the Company with respect to awarding of prizes shall be final, binding and non-contestable.
- v. To the extent permitted by law, the Company makes no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same.
- vi. The Company may at its sole and absolute discretion, vary or modify the prizes being offered to winners. Users shall not raise any claim against the Company or question its right to modify such prizes being offered, prior to closure of the Contest.
- vii. All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.
All prizes arising from the Contests shall be subject to deduction of tax at source (“TDS”) as per the Income Tax Act 1961. As of April 1, 2018, the TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- is 31.2% of the total prize money amount. In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by the Company in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions. The winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money.
8. User Content
Certain features and/or portions of GoodGamer may (or may in the future) permit the User to upload, post, stream, make available or otherwise submit content (including without limitation in connection with Contests made available to the User via GoodGamer) (the “User Content”). By using any such features and/or portions of GoodGamer and submitting User Content, the User gives the Company permission to forever use such User Content through GoodGamer. Without limiting the generality of the foregoing, by using GoodGamer and providing User Content, the User hereby: (i) grants to Company a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, publish, communicate to the public by telecommunication, make available, edit, modify, translate, create compilations and derivative works from, and otherwise use (collectively, to “Use”) any and all User Content (in any format or media) that the User post on, upload or otherwise submit to or through, GoodGamer for any purpose; (ii) grant to each user of GoodGamer a world-wide, perpetual, irrevocable, royalty-free, non-exclusive license to Use any and all User Content (in any format or media) that the User posts on, upload or otherwise submit to or through, GoodGamer via any functionality that may be available on GoodGamer; and (iii) waive all moral rights in and to all User Content that User posts on, upload or otherwise submit to or through, GoodGamer in favour of Company (and any third party authorized by Company to use such User Content, including without limitation the Users). For greater certainty, this means that, among other things, Company has the right to use any and all ideas the User submits (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to the User whatsoever.
Further, the User agrees that we can use such User Content without any restriction or compensation to the User. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by the Company, or obtained from sources other than the User.
Acceptance of a prize by the winner constitutes permission for Company, and its affiliates to use the User's name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever.
The winners further undertake that they will be available for promotional purposes as planned and desired by the Company without any charge. The exact dates remain the sole discretion of the Company. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
9. Code of Conduct
In respect of User Content:
- a. The User(s) hereby agrees that they shall not use GoodGamer to upload, post, stream, make available or otherwise submit User Content through, or to, GoodGamer that:
- i. harasses, insults, demeans or otherwise negatively targets any third party (including without limitation other Users);
- ii. degrades, disparages, tarnishes or deprecates Company and/or the public image or standing in the community of Company provided it is understood that this shall not be interpreted to prohibit the User from expressing the User’s true and honest experience with Company or its products or services as required under applicable law;
- iii. is defamatory, trade libelous, pornographic or obscene;
- iv. contains, depicts, includes, discusses or involves any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or obscene behaviour or conduct; commercial messages, comparisons or solicitations for products or services other than products of Company; any identifiable third party products, trade-marks, brands and/or logos, other than those of Company; conduct or other activities in violation of these Terms & Conditions; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by Company in its sole and absolute discretion;
- v. contains any personal information of third party individuals or that includes the name, image, voice or other likeness of any third party third party individuals, unless consent has been obtained from each such individual (and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence) to any collection, use and disclosure of their personal information, name, image, voice or other likeness (as applicable);
- vi. infringes, or might infringe, or misappropriates the intellectual property rights, privacy rights, rights of publicity, or any other rights of third parties or give rise to any claims for payment whatsoever;
- vii. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy, alter or limit the functionality of any software or hardware or telecommunications equipment;
- viii. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc.) unless the User has first obtained all necessary consents (and paid any necessary usage fees) from the owner of such materials.
- b. The User hereby agree that they shall not use GoodGamer to:
- i. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of GoodGamer;
- ii. collect information about others without their consent;
- iii. use scrapers, indexing tools, or other automated tools (including without limitation for the purposes of data mining, surveying on GoodGamer or participating in Contests made available on GoodGamer); and/or
- iv. upload, post, email, transmit or otherwise make available any content that the User does not have the right to disclose or make available.
- c. Further, the User(s) hereby agrees that they will only use GoodGamer in compliance with applicable laws, regulations, Applicable Contest Rules and shall not engage in any activity on GoodGamer that infringes third party rights or might otherwise constitute an actionable offence (including without limitation that might constitute a tort) or that is prohibited or unauthorized (including without limitation unauthorized entry into the systems, misuse of passwords, or misuse of any information on GoodGamer).
10. GoodGamer Content
GoodGamer (excluding User Content) consists of various graphics, artwork, multimedia, texts, icons, buttons, plug-ins, programming, technology, databases, domain names, inventions, specifications, designs, logos, service marks, trade dress, trade names, trademarks, brand names, know how, processes, techniques, trade secrets and other content that have been made available by Company or other entities with our permission (collectively, the “GoodGamer Content”). All GoodGamer Content is owned by Company and/or the applicable third party entity. For greater certainty, Company and applicable third party entities hold all right, title, and interest in and to any and all GoodGamer Content made available on GoodGamer. The User hereby acknowledges that GoodGamer Content is protected by intellectual property laws (including without limitation copyright, trade-mark, patents and trade secrets) and other applicable contractual, proprietary and economic rights. The Users use of GoodGamer does not grant or transfer to the User any ownership in or to GoodGamer Content, and except as expressly provided, nothing herein or within GoodGamer shall be construed as conferring on the User or any other person any license to use any of Company or any rights in or to GoodGamer Content, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the GoodGamer Content in any manner whatsoever. Any rights not expressly granted to the User (including without limitation in respect of GoodGamer Content) in these Terms & Conditions are expressly reserved by Company (or applicable third party entities). For greater certainty, the User agrees that they will not take any action that is inconsistent with Company’s ownership of GoodGamer and/or Company’s (or applicable third party entities’) ownership of any GoodGamer Content. Without limiting the generality of the foregoing, User shall be entitled to copy GoodGamer Content contained within GoodGamer only for their own non-commercial use, but may not republish or reproduce any such GoodGamer Content in any manner without the prior written consent of Company.
Company hereby grants each User of GoodGamer a limited, non-exclusive and revocable license to make non-commercial use of GoodGamer and GoodGamer Content. For greater certainty, this limited license only allows the User to view, download or print materials from GoodGamer only for its own non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically enumerated herein, and, for greater certainty, does not include permission to copy, redistribute, reproduce, republish, retransmit, alter, edit or otherwise use, in any form, any content contained within GoodGamer.
Without limiting the generality of the foregoing, the username provided to the User during at the time of registration remains Company’s sole and exclusive property and Company reserves the right to revoke and re-assign a username for any reason (including without limitation if a username is generally associated with another high profile user, as determined by Company in its sole and absolute discretion) without liability or other obligation to the User.
Certain names, graphics, logos, icons, designs, words, titles or phrases contained within GoodGamer may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of the Company or other entities. Trade-marks may be registered in India, Canada and/or in other countries as applicable. All Trade-marks not owned by Company are the property of their respective owners, and, where used by Company are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on GoodGamer may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). The User agrees that they will not take any actions inconsistent with Company ownership of, or any third party’s ownership of, the Trade-marks.
11. User Waivers and Representations (Re: User Content)
By using GoodGamer and providing User Content, the User hereby acknowledges, agrees, warrants and represents to Company (and any third party authorized by Company to use such User Content, including without limitation GoodGamer Users) that any and all User Content (in any format or media) posted on, uploaded to or otherwise submitted to or through, GoodGamer:
- a. is original to and that all necessary rights in and to the User Content and all of its components (if applicable) to post, upload, or otherwise submit it to or through GoodGamer and permit its use in accordance with these Terms & Conditions have been obtained; and
- b. does not violate any applicable laws, regulations or Applicable Contest Rules; and
- c. complies with these Terms & Conditions.
Without limiting the generality of the foregoing, the User also hereby acknowledges, agrees, warrants and represents to Company that:
- a. the User shall be responsible for all acts or transactions that occur under their account(s), including, without limitation, for ensuring the accuracy, reliability or completeness of any and all User Content the User uploads, posts or otherwise transmits to or through GoodGamer;
- b. the Company cannot (nor is the Company required to) guarantee the accuracy, reliability or completeness of any User Content; and
- c. the Company does not generally screen or edit User Content, but that the Company reserves the right, in its sole and absolute discretion and at any time, although the Company is under no legal obligation to do so, to monitor, edit or otherwise remove, without any notice and without obligation or incurring any liability, any User Content (or any portion of any User Content) on GoodGamer.
12. Indemnification by User
By using GoodGamer and participating in the Contests therein, the User hereby agrees at all times to indemnify, defend and hold harmless Company, its affiliates, subsidiaries, each of their respective agents, employees, directors, officers, representatives, successors, and assigns (collectively, the “Releasees”) from any loss, liability, claim, demand, damage or expense asserted by any person or entity relating in any way to the User’s use of GoodGamer, User Content, participation in the Contests and/or breach of these Terms & Conditions, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action.
13. Notice of Infringing User Content
While the Company is under no legal obligation to actively screen or edit User Content, the Company reserves the right, in its sole and absolute discretion, to modify, edit or remove any User Content, or to request a User to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.
To complain about User Content and/or to provide notice of allegedly infringing materials on GoodGamer, please contact us at: support AT goodgamer DOT in
14. Disclaimer and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, GOODGAMER AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM GOODGAMER IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) GOODGAMER WILL BE COMPATIBLE WITH THE USER’S COMPUTER AND SOFTWARE; (II) GOODGAMER WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF GOODGAMER, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM GOODGAMER WILL BE SECURE; (V) THE USE OF GOODGAMER WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF GOODGAMER WILL NOT CAUSE ANY DAMAGE TO THE USER’S COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
COMMENTS OR OPINIONS EXPRESSED ON GOODGAMER ARE THOSE OF THEIR RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON GOODGAMER AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF COMPANY. THE RELEASEES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH GOODGAMER.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON GOODGAMER ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON GOODGAMER IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO GOODGAMER. THE USER EXPRESSLY ACKNOWLEDGES THAT COMPANY HAS ENTERED INTO THESE TERMS & CONDITIONS WITH THE USER AND MAKES GOODGAMER AVAILABLE TO THE USER, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE USER AND THE COMPANY. THE USER EXPRESSLY AGREES THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THESE TERMS & CONDITIONS.
15. Communication Policy
The User agrees to receive alerts and notifications. As part of the User’s use of GoodGamer, they may receive notifications, offers, discounts and general information via text messages, or by emails for the purpose of collecting feedback regarding our services. The User agrees to the receipt of these communications. The User can control receipt of non-service related communications from the account settings or by sending mail to support AT goodgamer DOT in.
The User acknowledges that the SMS service provided by the Company is an additional facility provided for the User’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the Users observe any error in the information provided in the alert, the Company shall be immediately informed about the same by the User and the Company will make best possible efforts to rectify the error as early as possible. The User shall not hold us liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the User on account of the facility.
16. Electronic Transmissions
The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The Releasees do not assume any liability for any damage the User may experience or costs the User may incur as a result of any electronic transmissions over the internet or otherwise within GoodGamer, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain the User’s personal information). In no event will the information the User may provide on or through GoodGamer be deemed to be confidential, create any fiduciary obligations to the User on our part, or result in any liability to the User on the Company’s part in the event that such information is inadvertently released by us or accessed by third parties without the User’s consent. While every effort is made to ensure that all software provided on GoodGamer is suitable for use on a wide variety of computer systems, the User should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with the User’s specific computer system. The User should ensure that they have a complete and current backup of the information contained on their computer system prior to installing any such software.
Any funds held in the User’s account not utilized for the purpose participating in Contests on GoodGamer shall be refundable to the User in a form and manner as under our refund policy available able at Refund Policy.
Additionally, the treatment of funds in case of erroneous and/or inadvertent entering of Contests by the User shall be in accordance with our refund policy available at Refund Policy
19. Accuracy and Changes
We are not responsible if information made available on GoodGamer is not accurate, complete or current. The material on GoodGamer is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on GoodGamer is at the User’s own risk. GoodGamer may contain certain historical information. Historical information, necessarily, is not current and is provided for the Users reference only. We reserve the right to modify the contents of GoodGamer at any time, but we have no obligation to update any information on the same. The User agrees that it is their responsibility to monitor changes to GoodGamer.
20. Arbitration Agreement, Governing Law and Jurisdiction
- i. If any dispute arises out of or in connection with these Term of Use, 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 20 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 Agreement.
- 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 these Terms & Conditions. 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 20.
21. GOVERNING LAW
Subject to provisions in relation to arbitration under Clause 20 above, in the event the parties decide to litigate in court, these Terms & Conditions shall be governed by the laws of India as if the Terms & Conditions were a contract wholly entered into and wholly performed within India.
All Users are subject to verification at any time and for any reason. The Company reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Company – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to access or use GoodGamer or participate in any Contests in accordance with these Terms & Conditions; (ii) for the purposes of verifying an individual’s compliance with these Terms & Conditions; and/or (iii) for any other reason Company deems necessary, in its sole and absolute discretion, for the purposes of administering GoodGamer and/or any Contests hosted by the Company in accordance with these Terms & Conditions. Failure to provide such proof to the complete satisfaction of Company within the timeline specified by Company may result in will constitute a breach of these Terms & Conditions.
- ii. In addition to the above, the Company reserves the right to terminate the User’s access to GoodGamer if:
- a. the User do not pay the requisite fee, if any, should the Company charge for usage of GoodGamer; or
- b. the Company is required to do so under applicable law;
If any provision of these Terms & Conditions 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 these Terms & Conditions shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms & Conditions shall be deemed a further or continuing waiver of such provision or any other provision of these Terms & Conditions.
These Terms & Conditions are binding upon the User, their heirs, executors, beneficiaries, successors and assigns and the User may not assign these Terms & Conditions to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.
The User agrees to provide such further documents or instruments, and take such further actions, reasonably requested by Company to evidence, give effect to the purposes of these Terms & Conditions and carry out its provisions.
Company may assign these Terms & Conditions in part or in their entirety, including our rights, interests, and obligations hereunder, without notice to the User or their consent.