IMPORTANT - READ THE WHOLE OF THIS AGREEMENT CAREFULLY BEFORE ACCEPTING. TAKE A PRINT AND STORE ALONG WITH ALL TRANSACTION DATA, GAME RULES AND PAYMENT METHODS RELEVANT TO YOUR USE OF THE WEBSITE.
1. ACCEPTANCE OF THE AGREEMENT
1.3 By clicking on the "Accept" or "Continue" or "Save" button, you represent and warrant that you fully understand and agree to comply with all of the following terms and conditions (including all posted guidelines or rules applicable to our service, which guidelines and rules are hereby incorporated into this Agreement), and that failure to abide by these terms and conditions, may result in disqualification, account closure, forfeiture of funds and/or legal action against you. If you have any questions as to these terms and conditions, we encourage you to seek independent counsel prior to clicking on the "Accept" or "Continue" or "Save". "Logic Simplified Pvt. Ltd." and "www.gamentio.com" reserves the right to withhold, amend, or withdraw ALL Terms and Conditions/Promotions without notice.
2.1 REGISTRATION & MEMBERSHIP
2.1.1 The Website and its membership is strictly private and in no way should be considered to be public. The user will have to FIRST register him with the website in order to gain membership thereby enabling him to bid in auctions offered and/or use the software or any other product or services offered by the Website/Company or its associates. By completing the online registration process on the Website, you confirm your acceptance of the Terms.
2.1.2 During the registration process, you will be required to choose a login name and a password in addition to providing some other information which may be mandatory. Additionally, you may be required to give further personal information for your user account verification and/or for making any transaction in your user account. You must give us the correct details in all fields requiring your personal information, including, without limitation, your name, postal address, email address, mobile number etc. You undertake that you will update this information and keep it current.
2.1.3 You acknowledge that we may, at any time, require you to verify the correctness of this information and in order to do so may require additional documentary proof from you, failing which we reserve the right to suspend or terminate your registration on the Website.
2.1.4 Any information provided by you to us should be complete and truthful to the best of your knowledge. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us.
2.1.5 The registration itself per se does not guarantee membership. The Website/Company or its management in its sole discretion reserves the right to grant membership to the user. The decision of the Website/Company or its management in this regard shall be final and shall be informed to the user by email. Gamentio shall not be obliged to accept memberships beyond the number it is open for in a calendar year.
2.1.7 The server where the software is installed and the games hosted will be placed in a strictly non-public/confidential area where the access to the server is completely restricted both physically and virtually. Any person(s) or group that are authorized to access the server(s) holding the online auction facilities, are not allowed to register themselves as users, and eventually not allowed to become members. Such person(s) are not allowed to use the software, bid in auctions or use any other product or service provided by the Website/Company. This is in the interests of promoting fair play.
2.1.8 Our services and products are not available to persons under the age of 18 years on the day of applying for membership on the website. It is strictly prohibited for any user under the age of 18 years to play in "Gamentio Points" games or "Play with Points" games or to bid in auctions. We reserve the right to request proof of age at any stage to verify that minors are not using the Service and we may exclude any person from playing or use of the website, if proof of age is not provided or if we suspect or have proof that a person using the Service is under-age.
2.1.9 Games The services and products provided by the website are not intended for users connecting to the site from jurisdictions where it is illegal to do so.
3.1 USER ACCOUNT
3.1.1 You may have ONLY ONE account on our website per person/household [hereinafter referred to as "Account(s)"], for which you will register using your own correct name. You may not use the service by means of another person' account. Should you attempt to open more than one account, under your own name or under any other name, or should you attempt to use the service by from any other person' account, we will be entitled to close ALL your accounts and bar you from bidding in auctions on our website immediately.
3.1.2 You should ensure that apart from these Terms, you have also read and understood the rules and regulations of the games available on the service. You agree to abide by the rules and regulations of each of the Auctions as published and as amended from time to time on the website.
3.1.3 The rules that govern the auctions and services offered by the website form part of these Terms and they will be separately available under the "About Auction" or similar section on the website. Rules for all the auctions however may or may not be explicitly mentioned on the website. The user is encouraged to seek clarification by using the customer services offered. The clarification provided by the Website/Company will be final and you agree to abide by the same by accepting these Terms.
3.1.4 Gamentio reserves the right to suspend any account that has an offensive/vulgar username and/or uses abusive/vulgar language in the chat window.
3.2 PLAYER/BIDDER RESPONSIBILITIES WITH RESPECT TO USER ACCOUNT
3.2.1 Sharing or distribution of the password with any other user/person/group or any third party is strictly prohibited. Gamentio is not responsible if your account is accessed or opened by others using your password. You are held legally responsible and liable for all of your activities on the website made from your account.
3.2.2 You understand and agree that you may be exposed to content posted by other users which you may find offensive, obnoxious or indecent, and that the website may not always be able to prevent such content being posted. Such content should be brought to notice of the website. The website shall act upon the information as it deems right. The decision taken by the management of the Website/Company in this regard shall be final and binding on the user, and the user specifically agrees that Gamentio will not incur any liability under any circumstance whatsoever regarding the same.
3.2.3 You understand that it is your obligation to protect the information you have provided on the website including but not limited to usernames, passwords, email addresses, contact details, and mobile/telephone numbers. You explicitly understand and agree that we will not incur any liability for information provided by you to anyone which may result in your account on the website being exposed or misused by any other person or any other harm or loss being suffered by you.
3.2.4 You are accountable to abide by the applicable Laws while taking part in any competition or tournament organized through the website. You undertake and agree to indemnify us against any claims, expenses or liabilities civil or penal suffered by us or claimed against us by any person or entity arising out of your non-compliance of any applicable Laws.
3.2.5 You also understand and accept that your mere participation in any auction available on the website does not create any obligation on us to give you a prize. Your winning a prize is entirely dependent on your skill as a player vis-a-vis other bidders in the auction and subject to the rules of the auction.
3.2.6 You acknowledge that your participation in any auction available on the website is purely voluntary and at your sole discretion and risk.
3.2.7 You understand and acknowledge that in cases where you are not able to bid once a auction has commenced, due to slow internet connections, faulty hardware, connectivity failure, low computer configuration, sudden increase in traffic, server or network issues or for any other reason not attributable to us, we assume absolutely no responsibility for the same and we shall not be liable to refund any loss that you may have suffered owing to the such events. Any request/claim for refund in this regard shall not be entertained under any circumstance.
3.2.8 You agree, understand and acknowledge that you will use your account with us solely for the purpose of playing on the website and for transactions with us which you may have to carry out with respect to your usage of the services.
3.2.9 You understand and acknowledge the fact that we are neither a bank nor a financial institution and that the points/balance standing to the credit in your account do not accumulate any interest.
3.2.10 You understand that you can participate in online auctions made available on the website by placing "Bids". Each bid carries a predefined monetary value depending on the Maximum Retail Price "MRP" of the auctioned product for which you wish to place a bid. The credit balance of your "Unlocked Gamentio Points" can be redeemed to place such bids. Please refer "PAYMENT AND PLAYER FUNDS" section for information on buying/earning "Unlocked Gamentio Points".
3.2.11 You also agree that you are required to furnish your PAN (Permanent Account Number) duly issued to you by the Income Tax Department, Government of India, to deduct TDS as per the rules and regulations of the Government of India.
3.2.12 You acknowledge that you are making use of the services knowing that you may suffer monetary loss and that Gamentio shall have no responsibility to you for any such loss that arises in the course of your participation in the services.
3.2.13 You may not impersonate another person or user, attempt to get a password, other account information, or other private information from a user, or harvest email addresses or other information. Where we have reasonable grounds to believe that your activities include any such acts, we may initiate appropriate legal proceedings against you as well as notify the appropriate regulatory or law enforcement authorities, apart from suspending or terminating your privileges for the use of the website.
3.2.14 You may not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your user account, any content, currency, chips, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Website or by using any Services.
4.1 SERVICES OFFERED
4.1.1 Logic Simplified Pvt. Ltd is a technology company which through its website www.Gamentio.com aims at providing technology and IT services to enable online multiplayer auctions in real time. Besides providing technology and IT services to enable online auctions, the company will also create software and technology to enable playing of such auctions on multiple technology platform, real time or otherwise. Such technology will not be sold, but the users will be allowed to use it at the sole discretion of Logic Simplified Pvt. Ltd.
4.1.2 Gamentio offers its users to bid in online auctions and awards prizes to the winners of such auctions. The prizes are in the form auctioned product(s) for which the bidder has placed his bid. Each bid carries a predefined monetary value depending on the Maximum Retail Price "MRP" of the auctioned product. The credit balance of "Unlocked Gamentio Points" can be used to place such bids. It is understood and acknowledged that Gamentio DOES NOT OFFER/AWARD ANY REAL CASH PRIZES, neither does the Website/Company encourage its users to indulge in games/auctions in which real cash may be won. You acknowledge and hereby consent to the Website/Company to monitor your gaming activities, and where any suspicious activity is detected, we may at our discretion cancel all your requests and forfeit any claim arising from such suspicious activity. Please refer "PAYMENT AND PLAYER FUNDS" section for information on buying/earning "Unlocked Gamentio Points".
4.1.3 Locked Gamentio Points provided free to new users or to existing users as a gift/ bonus/promotion may be redeemed to bid in auctions only if specifically provided at the time such Locked Gamentio Points are provided. Where any user wins a product on bids redeemed from such Locked Gamentio Points, such user will first have to buy atleast 100 Unlocked Gamentio Points to claim his/her win.
4.1.4 The services provided by the website are only intended to bid in online auctions and for entertainment purposes only. The company is not responsible for any betting or gambling acts that may take place outside the website.
4.1.5 We reserve the right to collect service charge / GST at varying rates and at different times and for multiple types of auctions and other services offered by us. The service charge and applicable GST and other taxes are subject to change with the amendment of the relevant laws and the company shall levy service charge/taxes accordingly.
5.1 GRANT OF LICENCE TO USE SERVICE
5.1.1 Subject to these Terms, we grant you a revocable, non-exclusive limited license to access and use the Service. This license is non-transferable. You may use the Site and the content offered there-on only for personal, noncommercial purposes. You may use the content offered for downloading for personal use only and subject to the rules that accompany that particular content. You may not use the content in a manner that exceeds the rights granted for your use of the content. You may not use any data extracting or similar data gathering tools on the content; frame any portion of the Site or content; or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the content without our prior written consent.
5.1.2 By accepting to use Gamentio as an online auction platform, you fully understand and agree that there may be instances where you may lose points while bidding in an auction due to technical reasons like data connection, Internet connection, sudden increase in traffic, server or network issues. Points may be lost due to instances of hacking or in case the user account has been suspended or terminated due to violation of the Terms. Gamentio and Logic Simplified Pvt. Ltd, its subsidiaries and associates are not liable for any loss of Points in normal course of the game or due to any extraordinary reasons as mentioned above.
5.2 USE OF SERVICE - RESTRICTIONS & RULES
5.2.1 You may open ONLY ONE user account per person/household. Logic Simplified Pvt. Ltd and Gamentio reserve the right to assess the authenticity/legitimacy of a registered user's account. Should any user attempt to register with more than one account in any manner or form, the Website/Company reserves the right to Suspend/Delete/Deactivate/Ban such user's account(s) without notice and take legal actions against such user. Continued violation by any user in this regard will result in the termination of ANY/ALL of account(s) of such user, and Logic Simplified Pvt. Ltd may void and forfeit any winnings associated with such account(s).
5.2.2 You may not use the Site for your own commercial gain or to offer any form of advertising or promotion without our prior written consent; or to provide any false personal information or any information, content, or material on account of anyone other than yourself without permission.
5.2.3 You may not attempt to gain unauthorized access to any services, user accounts, computer systems, or networks through hacking, data extracting or similar data gathering tools, or by any other means. We may take any legal and technical measures to prevent the violation of this provision and to enforce these Terms.
5.2.4 You may not use the Site or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (Spam). You may not harvest information about our users for the purpose of sending (or to facilitate the sending) of unsolicited bulk communications. We may terminate your access or use of the Site immediately and take other legal action if you, or anyone using your access to the Site, violates these provisions.
5.2.5 You are intended to use the Site for lawful purposes only. You may not submit or transmit through the Site any information, content, or material or otherwise engage in any conduct that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is pornographic;
- would constitute a criminal offense or give rise to civil liability;
- violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- contains any computer code or programs that damage, disable, overburden, or impair our servers or networks or that disrupt, destroy, or limit the functionality of any computer software or hardware or otherwise permit the unauthorized use of a computer or computer network;
- impersonates any person, business, or entity, including Us and Our employees and agents;
- violates these Terms, guidelines, or any policy posted on the Site; or
- interferes with any other party's use and enjoyment of the Site.
5.2.6 You may not sell or redistribute the software to which you have been granted by us the license to use. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software. You agree to abide by all laws and regulations regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
5.2.7 By using the Site, you agree to abide to these Terms, to keep your contact information accurate and up-to-date. We reserve the right to remove any of your information, content, or material from the Site if it violates these Terms. If you select a username, we reserve the right to remove or reclaim it, if we believe it is appropriate to do so. We reserve the right to terminate the license of any user.
5.2.8 You can make any number of bids for an auctioned item, however you must note the following:
- Each bid carries a predefined monetary value depending on the Maximum Retail Price "MRP" of the auctioned item.
- MRP mentioned on the auctioned item may be different from the price of the item indicated in the bill/invoice received by you
- On winning, you will be sent the auctioned item as per the model number displayed on the website, which may be different from the images of the auctioned item as the images are only for reference purpose. The actual item that is sent to you may look different.
- In case where we are unable to deliver you the item won by you, for any reason whatsoever, we shall endeavor to make available to you an item similar in make, quality and value.
- The credit balance of your "Unlocked Gamentio Points" can be redeemed to place bids on the website.
- Locked Gamentio Points provided free to new users or to existing users as a gift/ bonus/promotion may be redeemed to bid in auctions only if specifically provided at the time such Locked Gamentio Points are provided.
- Where any user wins a product on bids redeemed from such Locked Gamentio Points, such user will first have to buy atleast 100 Unlocked Gamentio Points to claim his/her win.
6.1 SOFTWARE USAGE
6.1.1 Commercial use of the Software is strictly forbidden. The user is only allowed to use the Software for his/her personal use. Under no circumstances shall a user be permitted to use his/her account with Logic Simplified Pvt. Ltd for any purpose other than for playing the Games.
6.1.2 You may open ONLY ONE user account per person/household. Logic Simplified Pvt. Ltd and Gamentio reserve the right to assess the authenticity/legitimacy of a registered userâs account. Should any user attempt to register with more than one account in any manner or form, the Website/Company reserves the right to Suspend/Delete/Deactivate/Ban such userâs account(s) without notice and take legal actions against such user. Continued violation by any user in this regard will result in the termination of ANY/ALL of account(s) of such user, and Logic Simplified Pvt. Ltd may void and forfeit any winnings associated with such account(s).
6.1.3 The user shall not attempt to modify, decompile, reverse-engineer or disassemble the software in any way. The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Software and the Games. All actions taken in relation to the Games by a user must be executed personally by the user through the user interface accessible by use of the Software.
6.1.4 You agree that Logic Simplified Pvt. Ltd may take steps to detect and prevent the use of prohibited programs/software. Such action may include, but is not limited to, the examination of programs/software running concurrently with the software provided by Logic Simplified Pvt. Ltd/Gamentio on the user's computer.
6.2 INTELLECTUAL PROPERTY
6.2.1 Logic Simplified Pvt. Ltd holds all rights tangible or intangible for the website and all the services offered on the website including but not limited to all games and other content, promotional material, inter alia all strategic and development plans, ideas, designs, financial conditions, business plans, data banks, information related to technology and process, the technology developed including the software and methodology of usage (hereinafter referred to as "Intellectual Property").
6.2.2 The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary rights, including but not limited to intellectual property rights. Gamentio and all Gamentio games and their respective logos are trademarks owned by Logic Simplified Pvt. Ltd. We reserve the right to add new games, modify the rules of existing games, and even discontinue any existing game at any time without notice.
6.2.3 The copying, redistribution, use or publication by you of any such matters or any part of the Website is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed on or via the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.
6.2.5 The company is only permitting the user to use the Intellectual property to play the games and use other services offered and under all circumstances the user is strictly prohibited to use the said intellectual property otherwise, which includes but is not limited to copying, reproducing or transmitting any media. The user is not being granted any rights whatsoever with respect to the intellectual property by allowing him to play games on the website and use other services on the website.
6.2.6 Certain products and names mentioned on the Website may also be trademarks, service marks of their respective owners.
7.1 PAYMENTS AND PLAYER FUNDS
7.1.1 For "Play with Points" games/tournaments made available on the website, the user will be required to either buy "Unlocked Gamentio Points" or accumulate "Unlocked Gamentio Points" through the prescribed procedures to participate in such games. A player may buy "Unlocked Gamentio Points" through payment gateways provided by third-party electronic payment processors or service providers (ESPs) engaged for the purpose by the website.
7.1.2 When making a purchase of "Unlocked Gamentio Points", the user shall ensure that the instrument used to make such payment is his own and is used to "Add Cash" into his user account only.
7.1.3 Gamentio Points are of two types, Locked and Unlocked. Locked Points do not carry any monetary value and cannot be redeemed in any form. Unlocked Points carry monetary value and may be redeemed by players against cash-vouchers offered by the website. Any Bonus Points offered to users, whether Locked or Unlocked, may only be used for the specific purpose they are provided for.
7.1.4 The Unlocked Gamentio Points held by the player can be redeemed ONLY for cash-vouchers of brands/e-commerce portals that the website may specify for that particular game/tournament. It is understood and acknowledged that Gamentio DOES NOT OFFER/AWARD ANY REAL CASH PRIZES, neither does the Website/Company encourage its users to indulge in games in which real cash may be won. You acknowledge and hereby consent to the Website/Company to monitor your gaming activities, and where any suspicious activity is detected, we may at our discretion cancel all your requests and forfeit any claim arising from such suspicious activity.
7.1.5 We are under legal obligation to deduct tax at source (TDS) if a playersâ winning exceeds Rs. 10,000/- in any game/tournament. In these cases, the player will be required to furnish his/her Permanent Account Number (PAN) duly issued to him/her by the Income Tax Authorities, if not done at the time of registration. As per the existing rates, TDS at the rate of 30.9% will automatically be deducted from such winnings and the rest will be credited into the playersâ user account as Unlocked Gamentio Points. The user will be permitted to redeem these Unlocked Gamentio Points only upon providing his/her correct PAN details. These limits and rates are subject to change. The obligation of the Website/Company in this regard is limited to deducting TDS as required by law and providing the player an appropriate certificate of tax deduction. We neither advise you nor shall in any manner be responsible for the userâs individual tax matters.
7.1.6 We reserve the right to verify your PAN from time to time and to cancel any winnings should your PAN be found inconsistent in our verification process.
7.1.7 You also understand that the balance standing to the credit in your account does not accumulate any interest.
8. ELECTRONIC PAYMENTS SERVICES PROVIDER
8.1.1 When you use our Services, you may be required to make online payments. To process such financial transactions, we may use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between this Agreement and the ESP's terms and conditions, this Agreement shall prevail.
9.1 THIRD PARTY SERVICES
9.1.1 We may allow access to or advertise third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our site.
9.1.2 The Website may contain links to other third-party web sites. We are not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. The existence links do not mean that we endorse these third-party web sites or services. You acknowledge and agree that we are not responsible or liable for any content or other materials on these third-party web sites. Any dealings that you have with advertisers found on such third-party web sites are between you and the advertiser, and you acknowledge and agree that we are not liable for any loss or claim you may have against any such advertiser. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
9.1.3 All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
9.2 THIRD PARTY CONTENT
9.2.1 Logic Simplified Pvt. Ltd will not stand the use of any abusive or offensive language on our chat boards or any other platforms. Also, you are not allowed to make false or damaging comments with regard to the Website/Company in any media or forum.
9.2.2 We hold the right to reject or delete any text, files, images, photos, video, sounds, or any other material that breaches the terms in accordance with our third party content policy posted by you on any platform.
9.2.3 Any violation may result in removal of the third party Content, a suspension of your use of the Services and/or any suitable action as may be required by us to ensure compliance of the agreement.
9.2.4 The user is advised to beware of phishing attacks, spoofed emails and links from external third party sources but claiming to be from Gamentio or Logic Simplified Pvt. The Website/Company is not responsible for such emails/messages and/or any loss arising out of clicking on links contained in them.
10. INACTIVE ACCOUNTS & REFUNDS
10.1.1 In cases where the player after having registered with Gamentio, has not for a continuous period of 60 (sixty) days participated in any games whether âPlay with Chipsâ or âPlay with Pointsâ, the account of such user shall be treated as an âInactive Accountâ.
10.1.2 Immediately after any user account has been termed as an âInactive Accountâ, any points (whether Locked or Unlocked) or Chips outstanding as the case may be, shall be forfeited. A Grace period of 30 (thirty) days will be given to the user to reactivate his/her user account. To reactivate his/her account the user will have to notify us via email.
10.1.3 If the user resumes activity within such grace period, it will only prevent account closure, however the user will not be able to lay any claim on any Points/Chips already forfeited.
10.1.4 If the user account remains inactive even after the expiry of the 30 days grace period, such user account shall be closed without further notice. Any claim or request for reactivating the account or for refund after the closure of the account as a consequence to inactivity shall not be entertained under any circumstance.
10.1.5 Any amount from your winnings may be reported and withheld in compliance to any applicable Law. It is solely your responsibility to deal with all the taxes involved with your winnings.
10.1.6 The âUnlocked Gamentio Pointsâ outstanding in your account can be redeemed ONLY against cash-vouchers of specified brands/e-commerce portals. The same cannot be exchanged for any other prize or be transferred, and in no case shall cash be provided in lieu of the âUnlocked Gamentio Pointsâ.
10.1.7 Although payment processing will be made as soon as possible, due to our Security Reviews, payments may be delayed and withheld with us.
11.1 DISCLAIMERS AND INDEMNIFICATION
11.1.1 By registering, you are considered to have accepted and understood all the Terms and conditions. We recommend that you keep a copy of all transactions, rules of playing, cancellation and payment policies. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of these Terms by You does not surrender Our rights to act with respect to any prior, concurrent, subsequent or similar breaches. Any competition or tournament organized by us on the Website shall be governed by these Terms and any additional terms and conditions which may be defined for a particular competition or tournament.
11.1.2 The Website/Company solely reserve the right to singly change the terms and conditions and update the same on the website. It is the userâs responsibility to check the updated terms and conditions on a regular basis and to decide whether to continue his membership on this website or not. At any point of time you may choose to discontinue the use of our website or any services offered by the company. Your continued use of the Website, Service/product or the Software shall be taken as your acceptance of the changes to this Agreement.
11.1.3 If any judicial or quasi-judicial body in India declares any of these Terms or condition to be unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the remaining Terms and conditions will not be affected. Any such inappropriate Term or condition will be replaced with another term that is valid and enforceable and is in most nearly with effect to the original invalid term.
11.2.1 The company disclaims any and all Warranties, expressed or implied, in connection with the software, the site and the games, all of which are provided to the user "AS IS". Your access and use the website is at your sole risk and discretion. The Company explicitly disclaims all warranties or conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.
11.2.2 Without limiting the foregoing, the company does not represent or warrant:
- The quality, fitness for purpose, completeness, merchantability, non-infringement or accuracy of the software, the site and the games;
- The suitability of the information contained in the documents or other information published on this site;
- Continuous, error-free, secure or virus-free operation of Gamentio.com or its content including software, games, your account or continued operation or availability of any facility on Gamentio.com;
- That the defects in the website will be corrected;
- That the website or the servers that operate the website are free of viruses or other harmful components;
- That the data, results and information within the website will be correct, accurate, adequate, useful, reliable or otherwise; and
- That the website will meet your needs, requirements or expectations.
11.2.3 No person affiliated, or claiming affiliation with the Site has authority to extend such Warranties.
11.2.4 You undertake and agree as under:
- The Company does not promise or ensure that you will be able to access your account whenever you want. It is entirely possible that you may not be able to access your account or the Services provided by the Company at times or for extended periods of time due to, but not limited to system maintenance and updates;
- You are aware that participation in the games of skill organized by us may result in financial loss to you. With full knowledge of the facts and circumstances surrounding the Activity, you are voluntarily participating in the Activity and assume all responsibility for it and risk resulting from your participation, including all risks of financial loss. The Company makes no guarantees, warranties, representations, or other promises relative to the Activity, and assumes no liability or responsibility for any financial loss that you may sustain as a result of participation in the Activity;
- You agree to indemnify and hold the Company, its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with your participation in the Activity. You acknowledge that You are solely responsible for any action that arises from Your participation with this Activity or around this Activity, regardless of occurring before, during or after the period of the Activity;
- To hereby save, hold harmless, discharge and release the Company from any and all liability, claims, causes of actions, damages or demands of any kind and nature, whatsoever, that may arise from or in connection with your participation in the Activity;
- You will be solely responsible for any delay and/or damage to your computer systems or loss of data that results from installation of website games or software on Your computer and the website expressly disclaims liability for any such failure delay or failure;
- You are solely responsible for maintaining the confidentiality of your account access credentials (i.e. username & password) and financial instruments (i.e. credit/debit card number).
- You agree to assume the entire risk as to the results and performance of any software and/or games availed by you on www.Gamentio.com. As such, result and performance among other things depends on your Internet connection and hardware. You also assume the entire cost of all servicing, repair and/or correction of your hardware when you access, download or execute software or games available on www.Gamentio.com. The Company explicitly disclaims liability for any delay or failure to perform resulting from installation of its games or software on your computer.
- You specifically acknowledge, agree and accept that we are not liable to you for:
- the defamatory, offensive or illegal conduct of any other player or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another player or otherwise;
- any loss whatsoever arising from the use, abuse or misuse of your account on our Website;
- any loss incurred in transmitting information from you to our Website by the internet or by other connecting media;
- any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communication line failures, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Website;
- the accuracy, completeness or currency of any information services provided or any statistics shown on the Website;
- You agree to indemnify, defend and hold the Company, harmless from all claims, damages and expenses made by any third party arising out of
- your content, or
- use of www.Gamentio.com by any other person accessing the Services using your username or password, whether or not with your authorization.
- The Company reserves the right to change, modify or delete the Website, information, and terms & conditions listed on this Website at any time without prior notice.
11.3 LIMITATION OF LIABILITY
11.3.1 We and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between us and you. This Website and the products, services, and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site shall create any warranty, representation or guarantee not expressly stated in this agreement. We do not provide legal advice nor enter into any attorney-client relationship. You clearly understand and agree that the company shall under no circumstances be liable for any direct, indirect, ancillary, special, incidental, consequential or exemplary damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data or other intangible loss (even if the company has been advised of the possibility of such damages), resulting from or arising out of the use of or the inability to use the service, even if we have been advised or become aware of the possibility of such damages or loss or that such loss was foreseeable. You agree to indemnify us against any claims in respect of any such matter.
12. GOVERNING LAW AND JURISDICTION
12.1.1 This Agreement shall in all respects be governed, interpreted by, and construed in accordance with the Laws of India. All disputes, differences, complaints etc., shall be subject to Arbitration under the Indian Arbitration and Conciliation Act, 1996. The arbitrator will be appointed by the company. The place of arbitration shall be Dehradun, Uttrakhand, India.
12.1.2 In case when at the time of a dispute, there is no Arbitrator appointed by the company for whatever reason, such dispute shall be subject to jurisdiction of Courts in Dehradun, Uttrakhand.
12.1.3 There could be instances where the company is not always able to receive prompt updates about the change in applicable laws of your place of stay. It is your duty to ensure that any activities you engage on the Website are legal as per the applicable Laws. You agree to indemnify and hold harmless the Website/Company from any claim, demand, damage, or loss whatsoever as a consequence of your non-compliance with the laws of your jurisdiction.
13.1.1 This Agreement shall be treated as though it were executed and performed in Dehradun, Uttarakhand (India), and shall be governed by and construed in accordance with the laws of the State of Uttarakhand. All legal proceedings arising out of or in connection with these Terms shall be brought solely in Dehradun, Uttarakhand (India). You expressly submit to the exclusive jurisdiction of said Courts and consent to extra-territorial service of process.
13.1.2 The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
13.1.3 You shall not transfer your rights under this agreement in any way whatsoever without our prior written consent. The Website/Company may at its sole discretion grant or deny such consent.
13.1.4 It is your responsibility to inform us of any changes to your registration details. You shall provide us with all information requested by us and necessary for the operation of the Player Account, including, but not limited to, proof of identity, notarized documentation, proof of address, utility bills, bank details. You shall provide us with any such requested documents immediately upon request and not later than within a reasonable time of response.
13.1.5 The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
13.1.6 Reference to the singular shall include the plural and vice versa and references to the masculine shall include the feminine.
14. CONTACTING US
14.1.1 In case of any questions or assistance, feel free to contact us any time, In case of any change in your personal information, please contact Customer Service. In case, if you forget your password, or suspect that someone else has learnt and used your password please contact Customer Services. Also, in case of any clarification that you may wish to seek regarding anything, please feel free to contact us through customer services at firstname.lastname@example.org
15.1.2 This agreement is effective from the moment of acceptance by clicking on the "I agree" button, and shall remain in force indefinitely unless terminated. For the avoidance of doubt it is agreed that you are bound by this Agreement if you use the Website or the Software in any way.
15.1.3 Your right to use the Site automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Website. We also reserve the right, at our sole discretion, to terminate your access to all or part of the Website, for any reason, with or without notice.
15.1.4 You are free to discontinue use of the Services on the Website at any time by intimating us of your desire to do so by sending an email sent to us at email@example.com.