DATE LAST MODIFIED: 28 October 2024
Introduction
These Terms of Use (“the Terms” or “TOU”) create a binding agreement between you and HTECH SOLUTIONS PVT LIMITED (“Us,” “We,” or “Sponsor”). They govern your access and use of related applications, the creation of your User Account, the use of the Games on the Site, and any transactions or interactions with us (collectively, the “Services”).
You represent and warrant that you have the right, authority, and capacity to accept these Terms and abide by them. You must be of legal age and have fully read and understood the Terms. Carefully read these Terms in their entirety before indicating acceptance. By checking the acceptance box, accessing the Games, or creating a User Account, you confirm that you have read and agree to be bound by these Terms.
Changes to Terms and Incorporated Policies
1. Modifications to Terms of Use:
- We may occasionally modify or amend these Terms. Any such changes will be reflected in the TOU on the Site at the “Terms of Use” section. We will also notify you by email regarding significant changes to the TOU. Whether you receive or review these notifications, you are bound by any changes. It is your responsibility to check the Terms of Use posted on the Site before accessing the Site or using any Services. Your continued use of the Services after changes are posted indicates further consent and agreement to the modified Terms.
2. Modifications to Incorporated Policies:
- We may also modify or amend our Privacy Policy and Responsible Play Statement (collectively the “Incorporated Policies”). Any changes will be reflected in the Incorporated Policies as posted on the Site. You are bound by such changes and must check the Incorporated Policies on the Site before accessing the Site or using any Services. Your continued use after changes are posted signifies consent to the amended Incorporated Policies.
3. Contact for Questions:
- If you have questions about these Terms or the Incorporated Policies, contact customer support using the “Contact Us” option.
4. Conflict Resolution:
- In case of any conflict between the Terms and the Incorporated Policies, the Terms will prevail.
Playing Conditions
1. Virtual Coins:
- The Services may include virtual, in-game tokens (“Virtual Coins”), such as chips, coins, credits, or points, which may be provided for free or purchased through the Services. Games on the Site are currently played with Gold Coins. Subject to your agreement and continued compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for personal entertainment only. Other than a limited license to use the Virtual Coins with the Service, you have no right or title to them or any associated attributes. You acknowledge that your license is limited by these Terms, and if you violate them, your license to use the Service may be terminated immediately. We have the right to manage, regulate, control, modify, or eliminate Virtual Coins as we see fit, within legal limits, and we are not liable to you or anyone for exercising these rights.
2. Transfer and Sale Restrictions:
- The transfer or sale of Virtual Coins to other persons is strictly prohibited. You may not sell or assign your User Account to anyone under any circumstances. Any attempt to do so violates these Terms, will result in the closure and forfeiture of the User Account, and may lead to a lifetime ban from the Services and possible legal action.
3. Ownership Rights:
- These Terms do not grant you any right, title, or interest in the Service. The Service is licensed, not sold, to you. We and our licensors own all rights, title, and interest in and to the Service, including all intellectual property rights as specified in Section 10. We retain ownership even after installation on your device. You agree not to delete or alter copyright, trademark, or other proprietary rights notices on the Service.
4. Prohibited Actions:
- Except as specified in these Terms, you agree not to:
- Sell, rent, distribute, transfer, license, sublicense, lend, or otherwise assign any rights of the Service to third parties.
- Copy, modify, create derivative works of the Service, including making adaptations or modifications.
- Reproduce the Service in any form or by any means.
- Exploit the Service in an unauthorized way, such as by trespassing or burdening network capacity.
- Disassemble, decompile, reverse engineer, or attempt to derive the source code, except as permitted by law.
- Make the Service available to multiple users by uploading to file-sharing services or other hosting services or making it available over a network for simultaneous use by multiple devices.
- Misrepresent the source of ownership of the Service.
- Scrape, build databases, or create permanent copies of content derived from the Service.
- Use the Service to harass, abuse, stalk, threaten, defame, or violate the rights of others.
Eligibility
1. Age and Legal Capacity:
- You must be over 18 years of age or the minimum legal age of majority in your jurisdiction, whichever is higher. You must be legally allowed to participate in the Games and access the Service under the applicable laws.
2. Legal Responsibility:
- You understand that we cannot provide legal advice or assurances. It is your sole responsibility to ensure compliance with the laws governing you and to have the legal right to use the Service at all times.
3. Account Monitoring:
- You will monitor your User Account to prevent minors under 18 from accessing the Service using it. You are fully responsible for any unauthorized use by minors and for any use of the Service, including use of your payment instruments by minors.
4. Residency Restrictions:
- You do not reside in and will not access the Games or Service from the states of Washington, Idaho (USA), or Quebec (Canada) (the “Restricted Territories”).
5. Purpose of Use:
- You participate in the Games in your personal capacity for recreational and entertainment purposes only.
6. Accuracy of Information:
- All information you provide during the term of these Terms must be true, complete, and correct.
7. Fraudulent Activity:
- You will not engage in any fraudulent or unlawful activity related to your participation in the Games and will not use software-assisted methods (such as “bots”) for playing. We reserve the right to invalidate your participation in case of such behavior. You are allowed only one Customer Account, including any Inactive Account on the Platform. If you attempt to open more than one, all accounts you have opened or try to open may be suspended or closed.
Your User Account
1. Single Account Per Person:
- Only one User Account is permitted per person.
2. Updating Information:
- You must keep your personal details up to date. If you change your address, email, phone number, or other contact or personal information, contact customer support. The name you provide at registration must match the identification for User Account verification.
3. Account Sharing and Access:
- You confirm that you will not share your User Account or password with others or let anyone access or use your Account without our written permission. You may not access or use an Account that has been rented, leased, sold, traded, or transferred without permission.
4. Security Compromise:
- If you suspect that the security of your User Account has been compromised, including loss, theft, or unauthorized disclosure of your password and account details, notify us immediately.
5. Account Confidentiality:
- You are responsible for maintaining the confidentiality of your User Account and accept responsibility for all uses.
6. Inactive Account Closure:
- We reserve the right to close your User Account if it is inactive for 60 days or more. We are not required to give prior notice but may choose to do so.
7. Account Closure Request:
- If you wish to close your User Account, you can do so at any time by contacting customer support. Closing the Account will forfeit all access and rights to use associated Virtual Coins.
8. Account Closure Discretion:
- We reserve the right to refuse or close a User Account at our sole discretion.
9. Account Registration Limits:
- User Account registrations may be limited to one per IP address at our discretion.
Games and Contests
1. Game Rules:
- In addition to these Terms, Games on the Service may have their own rules available on the Service. It is your responsibility to read the rules before playing. You must familiarize yourself with the applicable play terms and read the relevant rules before playing any Game.
Verification
1. Verification Checks:
- You acknowledge that we are entitled to conduct verification checks (including credit background checks) as required by applicable laws, regulations, or regulatory authorities. You agree to comply with these checks in a timely manner.
2. Account Restrictions Pending Verification:
- We may restrict your opening or use of a User Account until verification checks are completed to our satisfaction.
3. Required Documents:
- The required documents may include identification documentation (such as a passport or driver’s license), a utility bill matching your User Account address, and source of wealth or funds documentation (like a payslip or bank statement).
4. Account Deactivation for Non-Compliance:
- If you fail to provide the requested documents in the required form within 40 days from the first request, we may deactivate or restrict your User Account at our discretion.
5. Third-Party Verification Services:
- You acknowledge and agree that we may use third-party service providers for external identification, location verification, and other checks based on the information you provide. You must enable “Location Services” on your device or PC to operate the Services or access your User Account.
Intellectual Property
1. Ownership Rights:
- These Terms only grant the right to use the Service and do not convey ownership. All rights, title, and interest, including intellectual property rights in the Service, remain our sole property or that of the third-party licensors.
2. Game Intellectual Property:
- Your use of the Games does not convey ownership rights in the intellectual property. The titles, codes, software, “look and feel,” sounds, compositions, effects, concepts, layout, text, data, User Accounts, themes, characters, and related information remain vested in us or the third-party suppliers of the Games.
3. User Account Ownership:
- You have no ownership or property interest in the User Account. All rights to the User Account belong to and benefit us.
Responsibility for User Generated Content
1. Compliance with Laws:
- You are responsible for ensuring your User Content complies with all applicable laws. You agree not to submit defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, illegal, or infringing material to the Service or other users.
2. Accuracy of Information:
- You will not provide inaccurate, misleading, or false information to us or other users. If information becomes inaccurate, you must notify us immediately.
3. Content Deletion Discretion:
- We may delete any User Content at our sole discretion without notice, but are not obligated to do so. We have no responsibility for user conduct or User Content in the Service and do not monitor for inappropriate content. Your use of the Service is at your own risk.
4. License to Use User Content:
- You grant us an exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, and use your User Content and incorporate it in other works in any form, media, or technology.
5. Use of Your Name and Likeness:
- You grant us the right to use your name, likeness, and other information in User Content and in connection with your User Account without obligation to you. You waive attribution and moral rights in your User Content, except as prohibited by law.
6. Content Risk and Responsibility:
- You acknowledge that all User Content is your sole responsibility and risk. We disclaim responsibility for backing up or retaining User Content transmitted to the Service.
7. Prohibited Content:
- Prohibited User Content includes content promoting racism, bigotry, hatred, physical harm, harassment, sexual or offensive nature, terrorism, religious hatred, illegal activities, commercial nature without authorization, or services of competitors.
Third Party Websites & Content
1. Third-Party Links:
- The Service may contain links to content owned and/or operated by third parties, such as those inviting you to promotional offers, rewards programs, advertisers, or payment providers. Any charges or obligations in your dealings with these third parties are your responsibility. We are not responsible for their services or content and have no control over the materials therein.
2. Endorsement Disclaimer:
- Our inclusion of a third-party link does not imply endorsement, advertising, or promotion of their websites, services, or content. We do not guarantee the content, functionality, or accuracy of third-party websites.
3. Third-Party Website Access:
- When you access a third-party website, you accept that we have no control over it and are not responsible for it. Third-party sites may collect data or personal information. We are not responsible for their privacy policies or data collection. It is advisable to read and understand their terms and privacy policies.
4. Disclaimer of Liability:
- We do not endorse, assume, or have liability for third-party products, services, materials, or websites. The relevant third party is responsible for the goods and services provided to you and any damages, claims, liabilities, and costs caused to you directly or indirectly.
Disruptions, Errors & Omissions
1. Warranty Disclaimer:
- The Services, in whole or in part (including all content and User Materials), are provided “as is” and “as available” without warranties of any kind, including title, merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, free from viruses, or that the information is accurate, complete, or valid. We do not guarantee that your use will meet your requirements or that transmissions or data will be secure.
2. Exceptions:
- Some jurisdictions may not allow certain warranty disclaimers, exclusions, or limitations. In such cases, our warranties and liability will be limited to the extent permitted by law.
3. Service Disruptions:
- We are not liable for downtime, server disruptions, errors, lagging, or technical or political disturbances to the Service or Games, nor for your attempts to participate in unauthorized ways.
4. Damage and Loss Exclusion:
- We are not liable for any damages or losses allegedly arising from or in connection with the Service, including operation or transmission delays, data loss, communication failures, misuse of the Service, or errors or omissions in the Service.
5. System Malfunction:
- In case of a Service system malfunction, all Game play on the Service will be void.
6. Game Error or Malfunction:
- If there is an error or malfunction in a Game, the resulting Game play will be voided.
7. Temporary Suspension:
- We may temporarily suspend the whole or part of the Service for any reason at our discretion. We may, but are not obliged to, give reasonable notice of such suspension and will restore the Service as soon as practicable after the suspension.
8. Game Result Discretion:
- We reserve the right to declare participation in a Game void, partially or in full, if we deem there was an error, mistake, misprint, or technical error in the pay-table, win-table, stakes, odds, or software.
9. Server Software Discretion:
- In case of a discrepancy between the result on a user’s device and the server software, we have the discretion to recognize the server software result as the official and governing result.
Indemnity and Limitation of Liability
1. Liability Exclusion:
- To the maximum extent permitted by law, we and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors will not be liable for direct, indirect, incidental, special, consequential, or punitive damages, including personal injury, property damage, data loss, loss of use, anticipated savings, wasted expenditure, cost of substitute goods or services, loss of goodwill, or other intangible losses, resulting from your access or use of the Service, the conduct of third parties on the Service, content or information from the Service, or unauthorized access or alteration of content.
2. Jurisdictional Exceptions:
- In some jurisdictions, the law may not allow the limitation or exclusion of certain liabilities or damages. In such cases, our liability will be limited to the fullest extent permitted by law. These limitations do not remove or supersede your consumer rights based on mandatory laws.
3. Liability Cap:
- Our total liability and/or the liability of our affiliates is limited to the total amount you have paid us in the 180 days immediately preceding the date you first assert a claim.
4. Technical Issues Liability:
- We are not liable for damages related to viruses, bugs, computer system malfunctions, or network issues arising from your access to or use of the Services. We do not guarantee continuous, uninterrupted, or secure access to the Service.
5. Third-Party Liability:
- We are not liable for damages, claims, liabilities, or costs related to content, products, or services offered by third parties we cooperate with.
6. Waiver of Third-Party Liability:
- You waive and release us and our related parties from liabilities arising from the acts or omissions of third parties in connection with your use of the Service.
7. Indemnification:
- You agree to indemnify and hold us harmless from any claim or demand by a third party due to your use of the Service, breach of these Terms, or violation of the law or a third party’s rights.
8. Exclusion of Liability for Personal Injury:
- Nothing in these Terms excludes our liability for death or personal physical injury directly caused by our negligence or willful misconduct.
Miscellaneous
1. Entire Agreement:
- These Terms constitute the entire agreement between you and us regarding your use of the Service and supersede all prior communications and proposals related to your participation.
2. Tax Responsibility:
- You are solely responsible for any taxes applicable to your use of the Service.
3. Force Majeure:
- We shall not bear liability or responsibility for any failure to execute or any delay in the execution of any of our obligations as stipulated in these Terms, if such failure or delay is caused by events that are beyond our reasonable control. These events may encompass natural disasters like earthquakes, floods, or hurricanes; acts of war or terrorism; labor strikes; government actions; technical malfunctions that are not within our control, such as significant network outages affecting our service providers; or any other unforeseen circumstances that impede our timely fulfillment of our obligations. This clause is designed to safeguard both parties from being held accountable for situations that are outside their sphere of control and that could not have been reasonably predicted or prevented.
4.Severability
- If, for any reason, a court of competent jurisdiction determines that any provision of the Terms or a part thereof is unlawful, void, or unenforceable, that portion of the Terms will be considered severable. This implies that the invalid or unenforceable provision will be treated as if it were not part of the agreement to the extent necessary to ensure the validity and enforceability of the remaining Terms, which will continue to have full force and effect. For instance, if a specific clause related to a particular service feature is found to be in conflict with a new legal requirement, but the rest of the Terms can function properly without that clause, the other terms will remain binding on both you and us. This safeguards the overall integrity and viability of the agreement even when individual parts may encounter legal hurdles.
5.Assignment
- These Terms are specific to you and cannot be assigned, transferred, or sub-licensed by you without our prior written consent. This means that you are not permitted to transfer your rights and obligations under these Terms to another individual or entity without our explicit written permission. Conversely, we reserve the right to assign, transfer, or delegate any of our rights and obligations under these Terms to a third party without prior notice to you. For example, in the event of a business restructuring where we sell or transfer a part of our operations, the new entity may assume our rights and obligations related to your use of the Service. However, we will ensure that the new entity is capable of fulfilling these obligations and maintaining the quality of the Service you have been receiving.
6.Entire Agreement
- These Terms encompass the entire understanding between you and us and supersede all previous understandings between us related to the subject matter. This indicates that these Terms represent the comprehensive and final agreement regarding your use of the Service. Any prior discussions, agreements, or understandings that you may have had with us on the same topic are no longer valid and are replaced by these Terms. It is crucial for both parties to rely solely on the provisions of these Terms when dealing with matters related to the Service, ensuring clarity and consistency in our relationship.
7.Business Transfers
- In the event that we experience a change in control, a merger, an acquisition, or a sale of assets, your User Account and the associated data may become part of the assets transferred to the purchaser or the acquiring party. If such a business transaction takes place, we will ensure that the transfer is conducted in compliance with applicable laws and regulations regarding data protection and privacy. The new owner or entity will be bound by these Terms to the extent they pertain to your User Account and the continued provision of the Service. We will make reasonable efforts to inform you of such a transfer and any potential implications for your use of the Service, although in some cases, this may not be possible due to legal or practical limitations. Our objective is to ensure a seamless transition and to continue providing you with a quality service under the new ownership or management.
8.Waiver
- Our failure to assert a breach or a violation of these Terms or our failure to exercise any rights under these Terms shall not be construed as or deemed a waiver or forfeiture of such rights, either now or in the future. This means that if we do not immediately take action when we suspect a breach or violation by you, or if we do not exercise a particular right at a given time, it does not imply that we have relinquished that right. We may choose to address a breach or exercise a right at a later stage depending on the circumstances. This provision is in place to ensure that our rights under the Terms are not inadvertently waived due to a delay in taking enforcement action. It also encourages you to remain compliant with the Terms at all times, as our ability to enforce them is not restricted by a temporary lack of enforcement.