TERMS & CONDITIONS

1. Agreement

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.

3. Contests

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

5. Payment Terms

6. Verification of Winners

7. Taxation

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:

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:

Without limiting the generality of the foregoing, the User also hereby acknowledges, agrees, warrants and represents to Company that:

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.

17. Refunds

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

18. Privacy

Without limiting the generality of these Terms & Conditions, the User’s use and access of GoodGamer is also subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms & Conditions. Please carefully review our Privacy Policy. By using GoodGamer, the User signify that the User has read, fully understands and agrees to be legally bound by our Privacy 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

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.

22. Links

GoodGamer may contain links to the websites of our subsidiaries and affiliates, and to websites that are independently owned and operated by third parties. These other websites may have their own privacy policies and terms and conditions that are not governed by these Terms & Conditions (including without limitation the Privacy Policy). The Company shall not be responsible for the privacy practices or the content of any website(s) owned and operated by any such subsidiaries, affiliates or third parties. Other websites may collect and treat information collected differently, so we encourage the User to carefully read and review the privacy policy for each website visited. Any links from GoodGamer to other websites, or references to products, services or publications other than those of Company, do not imply the endorsement or approval of such websites, products, services or publications by Company.

23. Verification

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.

24. Termination

25. General

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.