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Terms and Conditions

Applicable from: October 2021

This is a legal and binding agreement between you, the user (referred to as "user" or "you"), and GoodGame Esports Ventures Private Limited (together with its subsidiaries, and international affiliates, hereinafter "GGNation " "us," "we," or "our" or "the Company") stating the terms and conditions that govern your use of the Platform, as defined below. The website ggnation.com and GGNation mobile application (collectively referred to as the "Platform") and the information, services and other materials contained therein are provided and operated by GGNation; GGNation provides an e-sports platform with features allowing gamers and game developers to host gaming events and participate in competitive, electronic games. These Terms of Use (hereinafter "The Terms") must be read in conjunction with the Privacy Policy (hereinafter referred to as "Privacy Policy") and any other terms set out on our platform (s). These Terms are a legal and binding agreement between user(s) and GGNation, in relation to all games and applications made available by GGNation (jointly and interchangeably referred to as the "Services"), and any information, text, graphics, video, sound, pictures, and any other materials appearing, sent, uploaded, communicated, transmitted or otherwise made available via the above-mentioned Service (jointly referred to as the "Content"). The Terms and Privacy Policy applies to all Users of the Service.

BEFORE USING THE SERVICE, PLEASE READ THIS AGREEMENT CAREFULLY.

Clicking on "continue", "accept", or "create account" (depending on your used platform) you acknowledge that you have read, understood, and agree to be bound by this agreement and the Privacy Policy. If you do not agree to all the terms and conditions of this agreement, then please do not click "continue", "accept", or "create account," in which case you will not be able to use the service.

General Terms

By registering to the Service and/or accessing or using it, you acknowledge that you have understood and agree to be bound by these terms and conditions ("Terms"). These Terms form a binding and enforceable contract between GGNation and you. The Terms apply whenever you access the Service on any device.

GGNation may make modifications, deletions, and/or additions to these Terms at any time. When we make material changes to these Terms, we will ask for your renewed agreement, if required, and provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. Changes will be effective:

thirty (30) days after the Company provides notice of the Changes, whether such notice is provided within the Service, is sent via email or otherwise; or
when you opt-in or otherwise expressly agree to the Changes or a version of these Terms incorporating the Changes, whichever comes first. If you do not wish to continue using the Service under the new version of the Terms, you will no longer be able to access the Service. You may terminate the Terms by contacting us via our customer support pages.

This document is an electronic record published in accordance with the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms of Service for access or usage of the Website and being generated by a computer system, it does not require any physical or digital signatures.

The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.

Eligibility

When you use the Services, you warrant that:

You are at least eighteen (18) years of age or of the legal age in your jurisdiction, whichever is higher,
You have the power to enter a binding contract with us and not be barred from doing so under any applicable laws; and
You have the power to register for a User Account and participate in the Service.

The Services is not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence if it is higher than 18), you are only allowed to use the Service under the supervision of your parent or legal guardian who agrees to be bound by these Terms.

By registering to the Services and/or accessing or using it, you guarantee that you are at least 13 years of age and that your parent or legal guardian agrees to be bound by these Terms.

User Accounts and Registration

You are restricted to opening and maintaining only one User Account;
You may not transfer your User Account to anyone else nor permit anyone else to use your User Account; and
You may not use the User Account of another User, even with their permission.

In order to gain access and use the Service, you will be required to register your user information, such as username to display, email address, date of birth, and password. You guarantee that the information you provide to us upon registration, and at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. You may be asked to verify your age and identity via a third-party provider.

For further information on what Personal Data we collect and how it is used, please see the Privacy Policy.

All transactions are monitored for possible money laundering activity, cheating, and abuses of the platform, and any suspicious activity on your User Account could lead to you being reported to relevant authorities and the freezing and confiscation of funds. As long as your account is active and not subject to any bans, you can log in to your account and view a statement that would show recent transactions on that account. If you notice any mistakes, you must notify us immediately.

Users registered through Facebook and Google, may be asked to revise randomly generated username to a proper username.

On registration, each User will receive a password-protected account and log in information. It shall be the responsibility of the User to treat their log in information, password and any other information that is provided by us, as part of the security procedures, as confidential and not disclose the same to any person or entity other than GGNation. Each User is solely responsible for all activities that occur under their account, including the use of any of the Services.

GGNation, at its sole and absolute discretion and without any notice to the Users, reserves the right to restrict, suspend or terminate any account or access to the Platform or Services temporarily or permanently and/or initiate appropriate legal proceedings:

If any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or
If the Account is created to obtain frivolous referrals or any other fraudulent or illegal activity; and/or
If the user is engaged in any sort of collusion between teams, including trading to consolidate better players on one team and/or agreeing to share winnings by acting in concert, which is strictly prohibited. If two or more users are found to be making arrangements to influence the results of competition activities, such as player availability or game outcomes; and/or
If the User is found to be malafidely misusing any of the promotional offers such as cashback offers/referral bonus offers etc. that are provided by GGNation from time to time in order to create an illegal personal gain in violation of the terms and conditions of GGNation.
If the Users are found to be non- compliant with these Terms.

GGNation may, at its sole and absolute discretion:

Restrict, change, suspend, or terminate any User's access to all or any part of the Platform or then Services;
Reject, move, or remove any material that may be submitted by the User;
Move or remove any content that is available on the Platform;
Deactivate or delete a user's account and all related information and files on their account;
Establish general practices and limits concerning use of the Platform and the Services; and
Assign its rights and liabilities with respect to all User accounts hereunder, to any entity.

User Communication

Under this Agreement, you consent to receive communications from us electronically. We will communicate with you by email, by web notifications, or by posting notices in the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Employee Policy

GGNation employees are only allowed to use the Services for the purpose of testing the user experience but may not gain or withdraw money in cases where the use of service involves money. GGNation directors, contractors, affiliates, or partners may have the right to use the Services without such limitation, but only if they do not have any access to non-public information relating to the Services or any other advantage that would make their participation unfair to other players using the Service.

Licenses and Access

The Company grants you a limited sub-license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. Such limited sub- license does not include/permit any resale or commercial use of the Website or its contents; any collection and use of any listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, 'password mining' or any other illegitimate means.

Participation in competitions

All competitions will be governed by these Terms along with any specific rules applicable at the time of the competition's start. The specific rules for each competition will be available from time to time at the start of that competition. Such rules may be, but are not limited to, entry fees, the numbers of Users in the competition, duration of the competition, distribution of prizes, etc. When you enter a competition, you acknowledge that you have read and understood in full all the Terms and rules regarding the competitions offered by GGNation or the third party associated with the competition as stated in the Service.

The list of competitions, their status, and details are available to the User on the Service after login. Any errors or mistakes regarding the details of a competition will not influence its validity. An entry fee that has been paid cannot be amended, withdrawn, or cancelled by the User.

Payments

In respect of any transactions entered into on the GGNation platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:

The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee (when applicable) for access to the GGNation Services charged by GGNation and pre-determined participant's contribution towards prize money pool;
Subject to these Terms and Conditions, all amounts collected from the User are held, until determination of the Winners and distribution of prizes. GGNation receives only its share of the platform Fees, subject to applicability;
The User may participate in a Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. It is clarified that GGNation has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User's account balance;
Users agree that once they confirm a transaction on GGNation, they shall be bound by and make payment for that transaction;
The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that GGNation has on third parties, any transactions on GGNation Platform may take up to 24 hours to be processed;
A transaction, once confirmed, is final and no cancellation is permissible. GGNation may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail;
The decision of GGNation with respect to the awarding of prizes shall be final, binding and non-contestable;
If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), GGNation shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, GGNation may, at its sole and absolute discretion, suspend or terminate such Participant's account;
To the extent permitted by law, GGNation 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;
GGNation may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against GGNation or question its right to modify such prizes being offered, prior to closure of the Contest;
GGNation will not bear any responsibility for the transportation or packaging of prizes to the respective winners. GGNation shall not be held liable for any loss or damage caused to any prizes at the time of such transportation;
The Winners shall bear the shipping, courier or any other delivery cost in respect of the prizes;
The Winners shall bear all transaction charges levied for delivery of cash 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;
KYC verification is mandatory as a proof of identity for making withdrawals from your user account to Your bank/wallet account. 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;
GGNation does not issue receipts for entries to services. The entries are accounted within the user 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 Account; and
Any tax/levies/duty etc., as applicable on material prizes, shall be paid by the winner of the game. Based on TDS (tax deducted at source) Rules for any sort of game winning in India, 31.2% TDS should be deducted on any winning above Rs.10,000/- in a single game.

Release and Limitations of Liability

Users shall access our Services provided on our platform(s) voluntarily and at their own risk. GGNation shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to our Services or as a result of acceptance of any prize.

By entering the contests and accessing the Services provided therein, Users hereby release from and agree to indemnify GGNation , and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.

GGNation accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes.

Users shall be solely responsible for any consequences which may arise due to their access of the Services by conducting an illegal act or due to non-conformity with these Terms and other rules and regulations in relation to the Services, including provision of incorrect address or other personal details. Users also undertake to indemnify GGNation and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by GGNation on account of such act on the part of the Users.

Users shall indemnify, defend, and hold GGNation harmless from any third party/entity/organization claims arising from or related to such User's engagement with GGNation or participation in any Contest. In no event shall GGNation be liable to any User for acts or omissions arising out of or related to User's engagement with GGNation or his/her participation in any Contest(s).

In consideration of GGNation allowing Users to access the Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against GGNation , its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of GGNation Services or related to the Contests or the prizes of the Contests.

Disclaimers

To the extent permitted under law GGNation shall not be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.

To the extent permitted under law, GGNation shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of Servers, Services, Games, cancellation of any Games and Prizes. GGNation disclaims any responsibility for, and if a User pays for access to the Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by GGNation maintenance on the Servers or the technology that underlies the Platform, failures of GGNation's service providers (including but not limited to telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of GGNation facilities, acts of nature, war, civil disturbance, outbreak or any other cause beyond GGNation reasonable control. Additionally, GGNation does not provide any warranty as to the content on the Platform, with such content distributed on an "as is, as available" basis.

Any material accessed, downloaded or otherwise obtained through GGNation is done at the User's discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User's computer system or loss of data that results from a user's download of any such material.

GGNation shall make best endeavour to ensure that the Platform (s) provided by it for the purpose of facilitating its services is error-free and secure, however, neither GGNation nor any of its partners, licensors or associates makes any warranty that:

The Services will meet Users' requirements;
The Services will be uninterrupted, timely, secure, or error free;
The results that may be obtained from the use of Platform or Services will be accurate or reliable; and
The quality of any Services or information obtained through the Platform will meet the Users' expectations.

Any Services being hosted or provided or intended to be hosted or provided by GGNation and requiring specific permission or authority from any statutory authority or any State or the Central government shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant Services are hosted or provided.

In case GGNation discovers any error, including any error in the determination of Winners or in the transfer of Prize amounts to a User's account, GGNation reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, GGNation agrees to notify the User of the error and of the exercise of the remedy(is) to rectify the same.

Governing Law and Dispute Resolution

The parties agree that these Terms and Conditions shall be construed in accordance with the laws of India.

The courts of Ahmedabad, India shall have exclusive jurisdiction over any Disputes (defined below) arising between the parties hereunder.

The parties shall attempt to amicably settle any dispute arising out of these Terms and Conditions and the obligations there under (each a "Dispute"). Either party may give written notice of a Dispute to the other party within 30 days of the occurrence of the event which gives rise to such Dispute or the day that such event came to the notice of the applicable party.

If any Dispute arising between the parties is not amicably settled within 30 days of commencement of amicable attempts to settle the same as provided above, the Dispute shall be referred to, and be finally settled by, arbitration. The parties agree that the arbitration proceedings will be conducted at Jaipur, Rajasthan and shall be governed by the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof for the time being in force. The parties agree that the Dispute shall be adjudicated by a single arbitrator appointed by GGNation. The decision of the arbitrator shall be final and binding on the parties.

Notwithstanding anything contained in this Clause, GGNation may seek and obtain interim or permanent equitable or injunctive relief, or any other relief available to safeguard GGNation interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of GGNation to pursue any remedy for monetary damages through the arbitration described herein.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

These Terms and Conditions are effective unless and until terminated by either GGNation or the Users. The Users may terminate these Terms and Conditions at any time by notifying GGNation that they no longer wish to use the Platform or the Services, or when they cease using the Platform.

If in GGNation sole judgment the Users fail, or they suspect that the Users have failed, to comply with any term or provision of these Terms and Conditions, GGNation may also terminate their access to the Platform, or cease the provision of the Services at any time without notice and the Users will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the Users access to the Platform or the Services (or any part thereof).

Entire Agreement

These Terms, the Privacy Policy and all other additional or modified terms and conditions and policies in relation to the Platform or any current or future service that may be offered by GGNation, on a continuing basis in relation to any of the Services, that are posted by GGNation on the Platform constitute the entire agreement and understanding between the Users and GGNation with respect to the Platform and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between the Users and GGNation. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Force Majeure

GGNation shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond GGNation control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials or any cancellation of any Sports Event to which a Game relates. In such circumstances, GGNation shall also be entitled to cancel any related Game(s) and to process an appropriate refund for all Participants.

Contact Us:

For more information contact us at: support@ggnation.com