> Ayushmann: Introduction
1.1. Technative Technologies is an Indian company incorporated under the companies Act, 2013. operates a mobile gaming portal in india, which offers various skill and learning based digital games developed by third-party game developers and other promotional and interactive features (collectively “services”) through its web portal https://www.gamesctrlpartain.com/, partner websites, mobile applications and other portals (collectively, the “platform”).
1.2 . this agreement shall apply to all persons who visit the platform, or create a player account including any contributors of content over the platform, and/or any third party interacting with Gamesctrl Partian , directly or indirectly in official capacity or having/intending to have business or commercial relationships with Gamesctrl Partian, whatsoever (the “users”, “you” or “your”) as applicable..
1.3 . by registering on, browsing, downloading, using or accessing any part of the Platform or utilizing the Services, the users agree to be bound by this agreement.
1.4 . if at any time the user does not accept or agree to any terms of this agreement, on a continuing basis in relation to any of the services offered on the platform, they should not access the platform.
1.5 . Gamesctrl Partian reserves the right to periodically review, update, change or replace any part of these Terms of use or other terms of the agreement as it may consider appropriate at its sole and absolute discretion
1.6 . any changes to these Terms of Use will be posted on this page wherever appropriate. the users must visit this page periodically for updates on the terms of use applicable to their use of the platform.
1.7 . any users’ continued usage of the platform after any such update, change, replacement or modification in the agreement constitutes their valid consent to such changes.
1.8 . definitions
1.8.1 . “agreement” shall mean these terms of use, the privacy policy and any other rules or policies available on the platform including all other additional or modified terms and conditions and policies in relation to the platform or any current or future services that may be offered by Gamesctrl Partian. this agreement is published in accordance with the provisions of Rule 3(1) of the information technology (intermediary guidelines) rules, 2011. this agreement is an electronic record generated by a computer system and does not require any physical or digital signatures.
1.8.2 . “applicable Law” means all laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, orders, permits, tariffs and approvals, including those relating to health and safety, of any governmental authority or self-regulatory guideline that may apply to the Users or is related to the subject matter of this Agreement as applicable in the territory of india.
1.8.3 . “contest” is a skill based competition offered by Gamesctrl Partian on the platform in which users compete either in a tournament or 1v1 battle by playing the mobile games on the platform. contests can be either ‘paid’ or ‘free to play’. paid contests require the users to pay an entry Fee for participation, whereas free to play contests are open to all users without any entry-fee.
1.8.4 . “balance” is the credit (either in the form of cash or Gamesctrl Partian coins) available in an account and includes amount added by a user through deposits or/and earned through winnings by participating in contests on the platform.
1.8.5 . “deposit” is the amount added by the user to his/her account through his/her preferred payment mode (e-wallet, debit/credit cards, UPI/BHIM, net banking). The Deposit conversion ratio is INR. 1/- (Rupees One Only) = INR 1 (one).
1.8.6 . “entry-fee” refers to the fee which users pay either in the form of cash balance or Gamesctrl Partian coins available in their account to participate in a contest on the platform.
1.8.7 . “mobile games” refers to the digital games of skill including fantasy games available on the Platform developed by Gamesctrl Partian or third-party game developers. > Ayushmann: 1.8.8 . “person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under the applicable Law.
1.8.9 . “prize money Pool” is the actual or projected amount that is to be distributed amongst the winner(s) of the contest and is declared at the start of the contest.
1.8.10. “sponsored content” means content distinct from other regular editorial content provided by Gamesctrl Partian, and displayed on the platform in the form of audio, video, text and/or image media which supports a third party’s brand message, promotional offers, discounts and/or views that are readily identifiable to belong to a third-party upfront through distinct and distinguishable font, colour, display schemes and/or usage of disclaiming words (such as “Ad”, “powered by”, “sponsored by”, “with”, “advertorial” and such other phrase of similar meaning).
1.8.11 . “sponsored content partner” means a user engaged with us for the display of sponsored content on the platform.
1.8.12 . “third party game developer” refers to any person (natural or juristic) whose mobile game is available on the platform.
1.8.13 . “Gamesctrl Partian Coin” is an award in the form of Gamesctrl Partian coins that may be given to any User at Gamesctrl Partian’s sole discretion for participating on the platform.
1.8.14 “winnings” are awards (either in the form of cash, Gamesctrl Partian coins or promotional gifts) given to a user for winning or/and performing well in a particular contest on the platform.
1.9 . interpretation
1.9.1 . 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.
1.9.2 . headings and captions are used for convenience only and not for interpretation of the agreement.
1.9.3 . 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.
eligibility
2.1 . any browsing, registering, downloading, using or accessing by any person of any part of the platform or utilisation of any of the services offered by Gamesctrl Partian will be deemed to constitute a legal contract between the user and Gamesctrl Partian.
2.2 . a user may use the platform if (a) it is 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
2.3 . any user who is “incompetent to contract” within the meaning of the indian contract act, 1872 including minors, un-discharged insolvents etc. is not eligible to enter into this agreement with Gamesctrl Partian.
2.4 . the platform should not be used, installed, or played by any person under the age of 18 years.
2.5 . no person, whether an Gamesctrl Partian employee or not, who is involved in the development of mobile games or/and algorithms on the platform can participate in any mobile games on the platform, where such participation could alter, modify or unduly influence his/her performance on the mobile game, without express written permission of Gamesctrl Partian and subject to such terms and conditions as Gamesctrl Partian may seek to impose on such person.
2.6 . the mobile games and the services available on the platform are open only to persons currently residing in india. persons residing in the states of (“Restricted States”) are prohibited from participating in any mobile games on the platform.further, there may be certain games that may be restricted in some additional states. please check the Special rules/terms of each game to know more.
2.7 . only those Users who have successfully registered on the platform in the manner prescribed in section 3 (nature and use of the platform), and who utilize the services of the platform in accordance with the agreement including these terms of use, shall be eligible to use the platform.
2.8 . certain services being provided on the platform may be subject to additional conditions or rules applicable to a particular mobile game or contest in that respect (“game terms”). such game terms are deemed to be incorporated herein by reference. Users must agree to these game terms before playing any such mobile game or contest on the platform. To the extent that these terms of use are inconsistent with game terms, the game terms shall prevail.
2.9 . Gamesctrl Partian reserves the right to terminate any user’s account and/or deny access to the platform if it is brought to Gamesctrl Partian’s notice that a particular user has violated the agreement including any of these terms of use.
nature and use of the platform
3.1 . Gamesctrl Partian provides the platform to you on which you can play mobile games either offered by Gamesctrl Partian or independent third party game developers.
3.2 .registration you may register by approving and agreeing to this agreement and providing Your registered mobile phone number on the platform. you will be verified by Gamesctrl Partian using a one-time password (“OTP”) system. upon successfully verifying the OTP, an account will be created for You (“account”).
3.3 . by registering for an account, you represent, warrant and agree that:
a) you fulfil the eligibility criteria as detailed in section 2 (eligibility);
b) you are using your actual identity and the mobile phone number you have provided is registered in your own name;
c) you will provide only true, accurate, current, and complete information about Yourself, including optional information such as your profile photograph, cover photograph, user-id, biograph, audio status etc., on the platform (“user details”);
d) you will maintain and promptly update the user details and other information that you provide on the platform to keep it true, accurate, current, and complete.
3.4 .the users acknowledge that their User details will be accessible to other user on the platform and shall be available for Gamesctrl Partian to create promotional and interactive content over the platform.
3.5 . your account is for your personal use only. you shall not impersonate someone else. by creating an account after providing a mobile phone number and verifying it using an OTP, you represent, warrant, and agree that you are authorized to use the platform and will abide by the agreement.
3.6 privacy
a) our privacy policy available at https://www.gamesctrl.in/privacy-policy (“privacy policy”) explains how we treat your personal data and protect your privacy when You use the platform and our services. by using the platform, you agree that We can use your data and other information according to the privacy policy.
b) you are responsible for maintaining the confidentiality of passwords associated with any device you use to access the platform. accordingly, you are solely responsible for all activities that occur with your device. if you become aware of any unauthorised use of Your device, you are required to notify the relevant authorities as soon as possible.
3.7 deposits
a) in order to participate in certain contests, the users may be required to pay an entry fee in the form of cash. users may add cash to their account by using any of the payment modes available on the platform.
Ayushmann:
b) the deposits may be used to participate in contests in the manner provided under section 4 (participation in contests). there may be certain contests which allow for payment of the entry fee in the form of Gamesctrl Partian coins or may allow for part payment of the entry Fee in the form of Gamesctrl Partian coins and the remainder of the entry Fee from the deposit/winnings.
3.8 .each user is solely responsible for all activities that occur under their account, including the use of any of the services on the platform.
3.9 . Gamesctrl Partian grants such users a non-transferrable, limited, non-exclusive and revocable privilege to register an account on and use the platform.
3.10 . if Gamesctrl Partian identifies that the same User details are being used under multiple accounts, then Gamesctrl Partian at its sole discretion will terminate/deactivate the account without the users’ consent and any deposit in the account will not be refunded.
3.11 . Gamesctrl Partian, 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 temporarily or permanently to any user.
3.12 . Gamesctrl Partian may, at its sole and absolute discretion restrict, change, suspend, or terminate any user’s access to all or any part of the platform, including but not limited to:
a) reject, move, or remove any material that may be submitted by the user;
b) move or remove any content that is available on the platform;
c) deactivate or delete an account and all related information and files on their account;
d) establish general practices and limits concerning use of the Platform and the services; and
e) assign its rights and liabilities with respect to all accounts hereunder, to any entity.
3.13 . notwithstanding anything to the contrary herein, the users acknowledge and agree that they shall have no ownership or other interest in their account, and further acknowledge and agree that all rights in and to their account are and shall forever be owned by and inure to the benefit of Gamesctrl Partian.
3.14 . the users also accepts to receive news, updates, offers/campaign related SMS, to the mobile phone number provided by the user, except when prohibited under applicable laws.
3.15. platform fee information
a) Gamesctrl Partian charges a platform fee from the user(s), for offering its e-platform for hosting of various games of skill & other content and providing the service to the users to participate in those game formats or consume the content as offered.
b) the platform fee for all the products/games is a fixed rake % of the entry fee and is between 0% and 30% and under extreme exceptional cases may go beyond this range.
c) Gamesctrl Partian, in accordance with the terms & conditions of the bonus program, may give a discount in the platform fee and thus the designated amount shall be accordingly recovered from the user’s cash balances.
d) this can be easily deduced from the entry fee and the total prize offered. some examples are as under :-
3.15. participation in contest
4.1 . the users may use the platform to participate in a variety of contests available on the platform.
4.2 . in order to participate in a contest, each User may be required to pay an entry fee to the platform which is deducted from the balance available in the account of the user. the payment of entry fee users make to participate in the contest(s) is inclusive of the platform fee for access to the Gamesctrl Partian services charged by Us and user’s contribution towards Prize money pool.
4.3 . each contest has a predetermined limit on the number of users that can participate and a specified time before which entries must be made except for some special contest. a contest is deemed to be a valid contest on the platform, only if the requisite number of users register for the contest before the prescribed entry time.
Ayushmann:
4.4 . any amount received by Gamesctrl Partian as entry fee for participation in a contest shall be non-refundable, except in the event that a contest has been cancelled.
4.5 . contests shall be announced by the Gamesctrl Partian from time to time in any manner that is convenient to the company, and Gamesctrl Partian reserves the right to extend the participation and time limit for registration, cancel any contest, and modify any terms, all with due notice to the users of the platform.
4.6 winnings
a) awards for all contests shall be pre-declared at the time of registration in the specific rules applicable to such contest. awards may be in the form of Gamesctrl Partian coins, cash or promotional gifts.
b) users are eligible to withdraw only cash winnings from his/her account to his/her respective bank/wallet account once it is KYC (Know Your Customer) verified.
c) KYC verification is mandatory as a proof of identity for making withdrawals from your 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.
d) Gamesctrl Partian 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 account.
e) 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.
4.7 return, refund and cancellation
a) in the event, that there is an error in the services provided by us, we may refund the entry fee, provided the reasons are genuine and proved after investigation by Gamesctrl Partian.
b) please read the rules of each mobile game and contest before participating.
c) we do not cancel registrations once entered, however, in case of exceptional circumstances wherein the fault may lie with the payment gateway or from our side, we will cancel your participation on request and refund the entry fee to you within a reasonable amount of time.
d) . in case we cancel your participation in any mobile game or contest as a result of this, we will return your entry fee to you within a reasonable amount of time for you to redeem the same by playing other contests on Gamesctrl Partian.
e) . we will try Our best to create the best user experience for you. if paid by credit card, refunds will be issued to the original credit card provided at the time of purchase and in case of payments made through a payment gateway, payment refunds will be made to the same account.
4.8 . users must use any money in their account within 365 days. Gamesctrl Partian shall have the right to directly forfeit any such unused amount after 365 (three hundred and sixty five) days. the idle balance amount lying in your account may be withdrawn only in exceptional circumstances, determined on a case to case basis on the sole discretion of Gamesctrl Partian.
4.9 bonus program- terms & conditions
4.9.1 As part of its business promotion strategy, Gamesctrl Partian may run a bonus cash promotion which is a cash discount program whereby the user is allowed to accumulate cash discount eligibility points (referred to as ‘bonus cash’) in a separate wallet referred to as ‘bonus wallet’.
4.9.2 such bonus cash is granted as per various business promotion strategies that may be run by Gamesctrl Partian from time to time.
4.9.3 the bonus cash is subject to control by Gamesctrl Partian and the company is free to put such restrictions on its availability, utilisation, inherent discount benefits, time validity, etc. as it may decide from time to time.
7.3 . the platform or the mobile games offered on the platform may contain flashing lights, realistic images, patterns and simulations which may cause certain side effects. if your hands, wrists, arms, eyes or other parts of your body become tired or sore while playing, or if You feel symptoms such as tingling, numbness, burning or stiffness, stop and rest before playing again. if you continue to have any of these above symptoms, please stop playing immediately and consult a doctor.
7.4 . if you play any mobile games on the platform, give yourself plenty of room to play and always be aware of your surroundings. while playing any mobile game you may be moving around the play area and using your hands to control gameplay. you must ensure that you are not near other people, objects, stairs, balconies, windows, walls, furniture or other objects that may pose a danger to you or could be damaged during the play. never handle sharp or dangerous objects while playing any mobile game on the platform.
7.5 . it is your responsibility to control your surroundings and movements at all times when playing the game to ensure that you don’t injure yourself, any other persons, damage any property etc. any playing of the mobile games is at your own risk and Gamesctrl Partian shall not be liable for any death, injury or health complications resulting from your use of the platform.
7.6 . you agree that Your use of the platform and to play the mobile games is at your own risk, and it is Your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the platform.
7.7 . you hereby agree that if the terms of this agreement are not adhered by you, Gamesctrl Partian will be irreparably damaged, and therefore you agree that the platform shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect to any breach of this agreement, in addition to any other remedies available under applicable law.
restrictions on your use of the platform
8.1 . you will not use the platform, or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this agreement or under applicable law.
8.2 . you will not use the platform, or any content provided thereof:
8.2.1 . to host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the User does not have any right to;
8.2.2 . is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging,
8.2.3 . that is relating to or encourages money laundering or gambling, or is otherwise unlawful in any manner whatsoever;
8.2.4 . that harms minors in any way;
8.2.5 . that infringes any patent, trademark, copyright or other proprietary rights; violates any applicable Law for the time being in force;
8.2.6 . that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
8.2.7 . which impersonates another Person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform or any other computer resource;
8.2.8 . that threatens the unity, integrity, defence, security or sovereignty of india, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and electronic nicotine delivery system (ends) and like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the drugs and cosmetics act, 1940 and rules made thereunder; threatens critical information infrastructure.
8.3 . you will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the platform or any component or content thereof, available to third parties without the permission of Gamesctrl Partian.
8.4 . you will not circumvent or disable any digital rights management, usage rules, or other security features of the platform; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the platform; and not use the platform in a manner that threatens the integrity, performance, or availability of the platform.
8.5 . you will not attempt to or engage in any activity that may:
8.5.1 . reverse engineer, decompile or otherwise extract the source code related to the platform or any part thereof, unless it is expressly permitted by Gamesctrl Partian to you in writing or is required by the applicable law;
8.5.2 . use any robot, spider, retrieval application, or other device to retrieve or index any portion of the platform or content thereof;
8.5.3 . collect information about users for any illegal or unlawful purpose;
8.5.4 . create any account by automated means or under false or fraudulent pretences for using the platform;
8.5.5 . transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the platform;
8.5.6 . use the platform in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the platform, or interfere with any other users’ use and enjoyment of the platform;
8.5.7 . carry out any denial of service (DoS, DDoS) or any other harmful attacks on the platform or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the platform or any part of the platform or any user of the platform;
8.5.8 . forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the platform; and/or
8.5.9 . obtain any materials or information through any means not intentionally made available, in the opinion of Gamesctrl Partian, through the platform.
8.6 . you will not impersonate another person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent your affiliation with any person or entity, including, but not limited to our officials, employees, agents, partners, affiliates, dealers and franchisees.
8.7 . if we detect any activity from your user account that is fraudulent, suspected to be defrauding the platform, or if you are found colluding or participating in any kind of fraudulent activity on the platform in any manner, then you shall be debarred from participating in any contest available on the platform.
8.8 . we reserve the right to deactivate or delete your account and all related information on it and forfeit related balances and/or take any other appropriate action, at our sole and absolute discretion, in the event of any fraudulent, illegal or suspicious activities from your account on the platform.
8.9 . any deductions or forfeiture of balances made from your account shall be made at Our sole and absolute discretion and shall not result in any liability on Gamesctrl Partian whatsoever. we may choose to provide a right of appeal to the user after deleting, closing or forfeiting the balances in his/her account. however, such right shall be provided at the sole and absolute discretion of Gamesctrl Partian and the user shall not claim such right or any other recourse from Gamesctrl Partian.
8.10 . indemnification: you shall defend, indemnify and hold Gamesctrl Partian, and its officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fee that may result from or alleged to result from (a) your use of the platform or any content thereof, including mobile game; or (b) Your breach of any rules, regulations and/or orders under any applicable law.
8.11 . you are also responsible for any breach of Your obligations under the agreement and/or for the consequences of any such breach.
termination
9.1 . your access to the platform may be terminated if:
9.1.1 . you voluntarily uninstall the platform from your device;
9.1.2 . you knowingly or unknowingly cause direct or indirect breach, as ascertained by Gamesctrl Partian , of these terms of use or privacy policy as a whole or in part; or
9.1.3 . you do not pay the requisite fee, if any, should Gamesctrl Partian charge for use of the app.
9.2 . we may have to terminate your access to the platform if:
9.2.1 . we are required to do so by law (for example, where the access to and/or provision of the platform to you becomes, unlawful);
9.2.2 . the third-party person, if any, with whom We offered the platform to you has terminated its relationship with ys or ceased to offer the related services to us or to you;
9.2.3 . the provision of platform to you, is no longer commercially viable or feasible for us; or
9.2.4 . you are a repeat infringer of this agreement.
9.3 . we may terminate this agreement at any time, with or without notice and may disable Your access to the platform and/or bar You from any future use of the platform.
9.4 . you may terminate this agreement at any time by terminating your access to the platform. However, certain obligations of yours under this agreement shall continue to prevail even on such termination.
9.5 . when this agreement comes to an end, all of the legal rights, obligations and liabilities that you and Gamesctrl Partian have benefited from, been subject to (or which have accrued over time whilst the agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.