Nazara.com is the flagship brand of Nazara Technologies Limited ("Nazara Technologies"). The Platform offers host of services including but not limited to skill based games based on online cricket, quiz, carom, cards and other skill based games which can be played for real cash,multiple free to play games and also offers various offers, deals and redemption services (hereinafter collectively referred to as“Services”).
- Any reference to a natural person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.
- 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.
- Certain Services being provided on the Platform may be subject to additional rules and regulations set out in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail. Such additional terms are deemed to be incorporated herein by reference.
- Eligibility criteria and usage of platform
- Only Users who fulfil the below mentioned conditions may use this Platform (“Eligibility Criteria”):
- User is of sound mind and is above 18 years of age;
- User is (a) a natural person, as per any applicable law, regulation or generally accepted practices or guidelines applicable in the country of which User is a citizen, in which User is a resident or from where User uses the Platform; or (b) it is a juristic person, as per any applicable law, regulation or generally accepted industry practices and guidelines applicable in the country where User is registered, where User maintains its principal office or from where User uses the Platform;
- User is not ‘incompetent to contract’ within the meaning of the Indian Contracts Act, 1872; and
- User is not a person residing in the any of the following states: Assam, Sikkim, Odisha, Nagaland and Telangana (“Restricted States”).
- The Services available on the Platform are open only to Users currently residing in India. However, this Platform may not be used by residents of Restricted States. Further, if a User’s residency of any state/union territory within the territory of India disallows him/her from participation, then such User shall not be entitled to participate in any Services on the Platform. Additionally, there may be certain Services that may be restricted in some additional states, which may be notified from time to time.
- Nazara may, at its sole and absolute discretion:
- Restrict, suspend, or terminate any User's access to all or any part of Platform;
- Change, suspend, or discontinue all or any part of the Platform;
- Reject, move, or remove any material that may be submitted by a User;
- Move or remove any content that is available on Platform;
- Deactivate or delete a User's Account and all related information and files on the Account;
- Establish general practices and limits concerning the use of Platform;
- In the event Nazara is informed that any User is in violation of any of these eligibility criteria, Nazara shall have the right to deny Platform access to such User and terminate its Account.
- User’s use of the Platform is completely at his/ her own risk.
- Account Creation and Information
- By registering for an Account, User represents, warrants and agrees that (“User Warranties”):
- User fulfils the Eligibility Criteria as detailed above;
- User is using his / her actual identity and the mobile number User has provided is registered in his / her own name;
- User’s Account is for such User’s personal use only. A User shall not impersonate someone else;
- User has provided only true, accurate, current, and complete information about himself/ herself, including optional information such as profile photograph, cover photograph, user-id, biograph, audio status etc., on the Platform;
- User agrees that it is his/ her responsibility to maintain and promptly update the User Details and other information that User has provided on the Platform to keep it true, accurate, current, and complete;
- User acknowledges and agrees that that User Details will be accessible to other Users on the Platform and shall be available to Nazara to create varied (including promotional and interactive) content on the Platform; and
- Users consent to receiving communications such as announcements, administrative messages and advertisements from Nazara or any of its partners, licensors or associates.
- Fess, bonus and deposits
- Users may play certain games as part of ‘free to play’ or ‘paid’, as identified on the Platform. In order to play games which are paid, User will be required to pay fee by depositing cash through their Account.Such cash deposits can only be done post registration and subject to the completion of KYC verification and will be deposited in User’s Account. Any amount deposited in the Account, including winnings, may be withdrawn by User from his/herAccount, subject to the completion of KYC verification and will be subject to TDS deductions.
- 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.
- Nazara may, at its sole and absolute discretion offer discounts/bonuses to its Users in such form as it deems fit in its sole discretion ("Cash Bonus"). All such discounts/bonuses shall be credited in a separate account called as ‘Cash Bonus Account’ and can be used within the Platform, subject to the terms governing the usage of such Cash Bonus.
- User understands and agrees that the cash deposit/balance in the User’s Account maintained on the Platform, is purely for the purpose of participation in the Services/Contests available on the Platform. Such deposit/balance does not carry any interest on return.
- User understands and agrees that he/she cannot transfer any balance from his/her Account, to the Account of another user on the Platform except as may be permitted and subject to the restrictions and conditions as may be prescribed by Nazara.
- In the event any fee is charged by Nazara from a User in respect of any Services on the Platform, Nazara shall, without delay, repay such fee in the event of suspension or removal of the User's Account or respective Service/s due to any negligence or deficiency solely on the part of Nazara, but not if such suspension or removal is effected due to:
- any breach of or Nazara believes that such User has breached the User Warranties;
- illegal use of the Platform or its Account;
- any circumstances beyond the reasonable control of Nazara.
- Users must use any money in their Account within such time period as specified by Nazara. If not, the said cash balance will have to be forfeited by Nazara.
- Intellectual Property
- The Platform includes a combination of content created by Nazara, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all games, content and software (collectively “Software”) underlying Nazara and the Platform and material published on the Platform, including (but not limited to) games, communication features, contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by Nazara, its partners, licensors and/or associates. Users shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Platform (including, without limitation, the content that the Platform enables the User to download) either in whole or in part without express written permission/license from Nazara. User acknowledges that Nazara and/or third party content providers remain the owners of all materials posted on the website, and that the User does not acquire any of those ownership rights by downloading copyrighted material. Any reproduction or redistribution of the Software is expressly prohibited by law and may result in severe civil and criminal penalties. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited.
- All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Nazara.
- Terms of this Paragraph 7 shall continue to survive the termination of these Terms.
- Third Party Sites, Services and Products
- The Platform may contain links to other internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted on such respective sites. Nazara does not exercise any control over any internet sites apart from the Platform and cannot be held responsible for any content residing in any third-party internet site. Platform’s inclusion of third-party content or links to third-party internet sites is in no way an endorsement by Nazara of such third-party internet site.
- Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users' correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that Nazara will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor/service provider.
- The Platform contains content that is created by Nazara as well as content provided by third parties. Nazara does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not be relied upon by the Users in utilizing the Services provided on the Platform including while participating in any of the Services hosted on the Platform.
- User Conduct
- restricting, suspending, or terminating any User's access to all or any part of the Services or the Platform;
- deactivating or deleting a User's Account and all related information and files on the Account. Any amount remaining unused in the User's Account on the date of deactivation or deletion shall be transferred to the User's bank account on record with Nazara subject to a processing fee (if any) applicable on such transfers as set out herein and terms of Paragraph 6 above;
- delete any content posted by the User on the Platform and further, taking technical and legal steps as it deems necessary; or
- refraining from awarding any prize(s) to such User.
- Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Nazara). Users further agree to update and keep updated their registration information.
- A User shall not register or operate more than one User Account with Nazara.
- Users agree to ensure that they can receive all communication from Nazara by marking e-mails or sending SMSs from Nazara as part of their "safe senders" list. Nazara shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User's junk or spam folder.
- Any password issued by Nazara to a User may not be revealed to anyone else. Users may not use anyone else's password. Users are responsible for maintaining the confidentiality of their Accounts and passwords. Users agree to immediately notify Nazara of any unauthorized use of their passwords or Accounts or any other breach of security.
- Users agree to exit/log-out of their Accounts at the end of each session. Nazara shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
- Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorized third party software designed to modify or interfere with the Services on the Platform or assist in such activity. User further agrees not to indulge in cheating of any kind (including by way of exploiting any bug or error) which is expressly prohibited, including exploiting any deficiency in the Platform’s code or design, or in the code or design of any third party product or services used in the connection with the Services on the Platform, to gain an unfair advantage or to gain unauthorized privileges, access or abilities not clearly intended by the Platform’s design;
- Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Platform or the Services on the Platform.
- Users agree that without Nazara’s express written consent, they shall not modify or cause to be modified any files or Software that are part of the Services offered on the Platform.
- Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support the Platform or the Services (each a "Server"); or (b) the enjoyment of the Services on the Platform by any other User or person.
- 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 the Services or any other person's use or enjoyment of the Services.
- Users shall not attempt to gain unauthorized access to the other user Accounts, Servers or networks connected to the Services by any means other than the user interface provided by Nazara, 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 the Services.
- Without limiting the foregoing, Users agree not to use the Platform for any of the following:
- To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
- To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
- To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any language that may look, sound like, stand for, hint at, abbreviate or insinuate inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- To use his/her Account to advertise, solicit or Transmit any commercial advertisements, including chain letters, junk-email or repetitive messages (spim and spam) to anyone;
- To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, Platform, any software, hardware, or telecommunications equipment;
- To advertise, offer or sell any goods or services for any commercial purpose on the Platform without the express written consent of Nazara;
- To download any file, recompile or disassemble or otherwise affect Nazara’s products that the User knows or reasonably should know cannot be legally obtained in such manner;
- To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- To restrict or inhibit any other User from using and enjoying any public area within the Platform;
- To collect or store personal information about other Users;
- To impersonate any person or entity, including, but not limited to, a representative of Nazara, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
- To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Platform or to manipulate User's presence on the Platform;
- To take any action that imposes an unreasonably or disproportionately large load on the Platform’s infrastructure;
- To undertake money laundering or gambling or any other act that is unlawful in any manner whatsoever; and
- Users agree to use the Platform’s bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
- If a User chooses a username that, in Nazara’s considered opinion is obscene, indecent, abusive or that might subject Nazara to public disparagement or scorn, Nazara reserves the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts from Platform or deny such User access to the Platform, or any combination of these options.
- If any activity is detected on a User’s Account that is fraudulent, suspected to be defrauding the Platform, or if a User is found colluding or participating in any fraudulent activity on the Platform in any manner, then that User, at the sole discretion of Nazara, shall be debarred from participating in any Services on the Platform.
- Nazara reserves the right to deactivate or delete a User’s Account and all related information on it and forfeit any balance in the Account, and/or take any other appropriate actions, at its sole and absolute discretion, in the event of any fraudulent, illegal or suspicious activities from the User’s Account on the Platform.
- Any deductions or forfeiture of balances made from a User’s Account shall be made at Nazara’s sole and absolute discretion and shall not result in any liability on Nazara whatsoever.
- Users may reach out to Nazara through email@example.com if the user has any concerns with regard any Service offered on the Platform within Forty Eight (48) hours of winner declaration for the concerned contest.]
- Participation in Contestsoffered on the Platform and Rules pertaining to the Contest
- As part of Services, Nazara may conduct several skilled based competitions ("Contests”) on its Platform, which may be single or multiple opponents-based format. Such Contests may be paid or free to play, as notified on the Platform.
- Participation in a Contest
- In order to participate in a paid Contest, each User may be required to pay an entry fee to the Platform, in the manner as highlighted in Paragraph 6 (Fees, bonus and deposits) above.
- Subject to Paragraph 6 (Fees, bonus and deposits), any amount received by Nazara as an entry fee for participation in a Contest, shall be non-refundable, except in the event that a Contest has been cancelled.
- Nazara does not issue receipts for entries in the Contests. 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.
- Contests shall be announced by Nazara from time to time in any manner that is convenient to Nazara, and Nazara reserves the right to cancel any Contest, and modify any terms, with due notice to the Users of the Platform.
- Selection and Verification of Winners and Conditions relating to the Prizes
- Selection ofWinners:Winners of a particular Contest shall be decided on the basis of the scores of the Users in a designated Contest or in such other manner as may be specified in the terms and conditions applicable to such Contest. The participant(s) with the highest score in a particular Contest shall be declared the winner(s). In certain pre-specified Contests, Nazara may declare more than one winner and distribute prizes to such winners in increasing order of their aggregate score at the end of the designated Contest. The contemplated number of winners and the prize due to each winner in a particular Contest shall be as specified on the contest page prior to the commencement of the Contest.
Expiry of Bonus Cash :
- If bonus cash is not used in a week it will be expired and cannot be used again.
- Users should atleast play a contest in a day or a week to keep the bonus and not get expired.
- Winners shall be contacted by Nazara or the third party conducting the Contest on the e-mail address provided at the time of registration. 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 following documents:
- Photocopy of the User's PAN card;
- Photocopy of a government-issued residence proof;
- User's bank account details and proof of the same; and
- any other information as may be required for the verification process.
- Nazara shall not permit a winner to withdraw his/her prize(s)/accumulated winnings unless the above-mentioned documents have been received and verified within the time-period stipulated by Nazara. The User represents and warrants that the documents provided in the course of the verification processare true copies of the original documents to which they relate.
- Users are required to provide proper and complete details at the time of registration. Nazara shall not be responsible for communications errors, commissions or omissions including those of the Users due to which the results may not be communicated to the Winner.
- The list of winners may also be posted on a separate web-page on the Platform.
- In the event that a User has been declared a winner on the abovementioned web-page but has not received any communication from Nazara, such Participant may contact Nazara in such manner and within such time period as specified on the webpage.
- Only those Winners who successfully complete the KYC verification process as above and provide the required documents within the time limit specified by Nazara shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). Nazara shall not entertain any claims or requests for extension of time for submission of documents.
- Nazara 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 the following conditions:
- Determination by Nazara that any document or information submitted by the User is incorrect, misleading, false, fabricated, incomplete or illegible; or
- User does not fulfill the Eligibility Criteria specified above; or
- Any other condition as specified by Nazara either as a part of Contest terms or otherwise.
- All prizes shall be subject to deduction of tax ("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 Nazara 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.
- The decision of Nazara with respect to the awarding of prizes shall be final, binding and non-contestable.
- User/s playing any paid Contest confirm that:
- they are not residents of any of the Restricted States; and
- they are abiding with the Eligibility Criteria.
- If it is found that a User playing the paid Contest(s) is not complying with any of the conditions mentioned above, then Nazara shall disqualify such User and forfeit any prize won by such User. Further Nazara may, at its sole and absolute discretion, suspend or terminate such User's account with Nazara. Any amount remaining unused in the User's Account or winnings account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User's bank account on record with Nazara, subject to the terms of Paragraph 6 above and processing fee (if any) applicable on such transfers as set out herein.
- To the extent permitted by law, Nazara 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.
- Nazara may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Users shall not raise any claim against Nazara or question its right to modify such prizes being offered, prior to closure of the Contest.
- Nazara will not bear any responsibility for the transportation or packaging of prizes to the respective winners. Nazara shall not be held liable for any loss or damage caused to any prizes at the time of such transportation. Further, if a User is required to travel in order to claim a prize for any particular Contest, then the User shall be required to make his/her own arrangements for travel or accommodation to claim such prize (if applicable). Nazara shall not be responsible for the same unless and until specifically notified in the terms and conditions of a particular Contest.
- The winners shall bear the shipping, courier or any other delivery cost in respect of the prizes.
- 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.
Nazara Rewards Program
Nazara has introduced a Nazara Rewards Program, wherein, the User, if eligible and subject to the Terms & Conditions of Nazara Rewards Program provided in respect of the Nazara Rewards Program, may participate in earning certain rewards based on his/her participation in certain games as identified on the Platform. By this reference, the terms of such Nazara Rewards Program will constitute a part of these Terms of Us
Acceptance of a prize by the User being the winner constitutes permission for Nazara, and its affiliates to use such 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 User further undertake that he/she will be available for promotional purposes as planned and desired by Nazara without any charge. The exact dates remain the sole discretion of Nazara. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
If it comes to the notice of Nazara that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of Nazara that conduct of any such Contest(s) is prohibited, then Nazara shall withdraw and / or cancel such Contest(s) without prior notice to any User and/or winners of such Contest(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest it in any manner.
Employees, directors, affiliates, relatives and family members of Nazara, will not be eligible to participate in any Contest(s) on the Platform.
Nazara may make changes to any Service being offered on the Platform, or to any terms and conditions applicable to such Services, at any time, without notice.
The materials on the Platform with respect to Services may be out of date, and Nazara makes no commitment to update the materials on the Platform with respect to such Services.
- Nazara may send alerts or make phone calls to the mobile numbers provided by the Users while registering on the Platform, or any updated mobile number that may be subsequently provided or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is on ‘On’ mode to receive SMS, in case of an e-mail, only if the e-mail servers and e-mail ids are functional and in case of push notifications, only is the User has enabled the receipt of such notifications.
- Nazara will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that a User has received such alert on the mobile number or e-mail id provided during the course of, or in relation to, using the Platform or availing any Services. Nazara shall be under no obligation to confirm the authenticity of the person(s) receiving the alert. User cannot hold Nazara liable for non-receipt of the SMS/e-mail/push notification service in any manner whatsoever.
- The SMS/e-mail/push notification service provided by Nazara is an additional facility provided for User’s convenience and it may be susceptible to error, omission and/or inaccuracy. In the event User observes any error, he/she shall promptly notify Nazara of the same and Nazara shall take best possible efforts to rectify such error as soon as possible. User shall not hold Nazara liable for any loss, damage, claim, expense including legal cost that may be incurred/suffered by the User on account of the SMS/e-mail/push notification facility. Further, Nazara shall not be liable for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
- Nazara may enable audio sessions and live chat-rooms on the Platform for the Users from time-to-time for the purpose of providing Services. User understands that, by using these communication facilities, User may be exposed to communications (including in written, verbal, electronic, digital, machine-readable or other form) that User might find objectionable. User understands that any content sent or appearing through such communication facilities is the sole responsibility of the User(s) transmitting such content and Nazara shall not liable for any content posted on such communication channels.
- User will indemnify and hold harmless Nazara and its affiliates including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including any legal charges which Nazara and/or its affiliates and officials may at any time incur, sustain, suffer or be subjected to as a consequence of or arising out of any of the following:
- Incorrect number or a number that belongs to an unrelated third party provided by the User; and/or
- Users receiving any messages relating to the Services from Nazara and/or its affiliates and/or any SMS/e-mail service provider; and/or
- Content posted by the User on the Platform.
- Except as otherwise set forth, for the purpose of sending any notice, communication to Nazara, the User reach out to Nazara at firstname.lastname@example.org
Limitation of Liability
User may terminate his/her access to the Platform if a User is not satisfied with the Platform or Services.
Nazara shall not be liable for any damages whatsoever arising out of Force Majeure Event (as defined below) or other similar circumstances, directly or indirectly to the Users as a result of using the Services offered on the Platform. A “Force Majeure Event”shall mean a real or potential labour disputes, governmental actions, war or threat of war, sabotage, pandemic, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network that affects Nazara’s ability to offer the Services on the Platform. Force Majeure or other event beyond Nazara’s control hindering, delaying or complicating the maintenance of the Platform entitles Nazara to suspend or limit the Platform until further notice.
Safety precautions and responsible gaming
The Platform or the Services offered on the Platform may contain flashing lights, realistic images, patterns and simulations which may cause certain side effects. If a User’s hands, wrists, arms, eyes or other parts of User’s body become tired or sore while playing, or if a User feels symptoms such as tingling, numbness, burning or stiffness, he/she must stop and rest before playing again. If a User continues to have any of these above symptoms, please stop playing IMMEDIATELY and consult a doctor.
It is User’s responsibility to control his/her surroundings and movements at all times when playing the game to ensure that User’s don’t injure himself/herself or any other persons or damage any property. Availing of any Services on the Platform is at User’s own risk and Nazara shall not be liable for any death, injury or health complications resulting from the User’s use of the Platform.
Game of Skill
The Services, including all the hosted by Nazara on the Platform are all Games of Skill (defined below).
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 (“Games of Skill”) and are excluded from the ambit of gambling legislations including, the Public Gambling Act of 1867 and other state enactments except in the Restricted States. Users must note that all Services available on the Platform are games where the success or/and performance of the Users depends predominantly upon their superior knowledge, training, attention, experience and adroitness in playing the game.
Nazara does not support, endorse or offer to any User ‘games of chance’ for money. Each Servicesor Contest available on the Platform has clearly defined rules and code of conduct. All Users are encouraged to read, understand and follow these rules to be successful in these games. Nazara shall not be liable if Users do not adhere to the game rules or otherwise engage in gambling or betting activities on the Platform.
User’s access to the Platform may be terminated if:
- User voluntarily uninstalls the Platform from his/her device;
- User does not make necessary payments, if any, for a particular Service on the Platform.
Nazara may have to terminate User’s access of the Platform if:
- Nazara is required to do so under applicable laws;
- The third-party service provider, if any, with whom the Services were offered on the Platform, has terminated its relationship with Nazara or has ceased to offer the related services to Nazara or the User;
- Nazara discontinues to provide the Services on the Platform to the User due to lack of commercial viability or feasibilityor any other reason; or
Dispute and Dispute Resolution
In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration by a sole arbitrator to be mutually appointed by the disputing parties.
The seat of arbitration shall be Mumbai, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
The arbitration award will be final and binding on the parties, and each party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
The Services provided by Nazra are on “as is'' basis and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall Nazara, its officers, directors, employees, affiliates and agents and any other service provider(s), be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, loss of use, data, uninterrupted and continuous use of the Platform or Services, etc.) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the Services, even if advised of the possibility of such damage.