Please read the following Terms of Access (“Terms of Access”) carefully before registering on, accessing, browsing, downloading or using Paytm First Games portal, which can be accessed via the Paytm First Games at website named https://paytmfirstgames.com/ , Paytm First Games and Paytm mobile application, Paytm First Games website, android stores and such other locations as uploaded (hereinafter collectively, the Paytm First Games Platform) and run by Paytm First Games Private Limited, having its registered office at 136, First Floor Devika Tower, Nehru Place New Delhi – 110019 and headquartered at B-121, Sector-5, Noida – 201301 on any device and before availing any services offered on the Paytm First Games Platform.
For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all services which means games and offers, deals and redemption services provided by Paytm First Games (“Paytm First Games Offerings”). All Services are rendered by Paytm First Games Private Limited through the Paytm First Games Platform under the brand name “Paytm First Games”.
These Terms of Access and all supplemental terms, as amended from time to time, govern your use of any Paytm First Games Offerings or Paytm First Games account to access, install or play offered by Paytm First Games or any of its subsidiaries, affiliates and technology partners on personal computers, laptops, tablets and/or mobile devices.
- You should be at least 18 years of age and an individual user of the Paytm First Games Platform. You agree that these terms constitute an agreement (“Agreement”) between You and Paytm First Games and if additional terms and/or agreements apply to the Paytm First Games Service(s) used by You, those additional terms and/or agreements shall govern on your use of Paytm First Games Offerings as well.
- Modification of these Terms of Access: Paytm First Games reserves the right to change, modify, add, or remove portions of this Terms of Access (each, a change and collectively, changes) or the contest / campaign at any time by posting notification on the Paytm First Games Platform or otherwise communicating the notification to You. The changes will become effective immediately on a going-forward basis with respect to Your use of the Paytm First Games Platform, availing the Paytm First Games Offerings. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the Paytm First Games Offerings/Paytm First Games Platform. Your continued use of the Paytm First Games Platform following the posting of changes constitutes your agreement to all such terms, conditions, and notices. You are responsible for regularly reviewing these Terms of Service and additional terms posted on the Paytm First Games Platform.
- Limited License to access Paytm First Games Offerings:
- Account Creation and Information:
- If You are required to update an account then certain additional information which may include your personal, professional and other details may be required. You agree that you will supply accurate and complete information to Paytm First Games, and that You will update that information promptly after it changes.
- Additionally we might be conducting certain promotional activities through which rewards by way of bonus are issued. We may gratuitously issue bonus to you for the purpose of participation in games or for other programs which we conduct routinely within our platform. All the bonuses will be credited in your bonus account (hereinafter referred to as “Bonus Account) and which can be used within the Platform, subject to the terms governing usage of Bonus Account.
- Use of Service :
- Your usage of the Paytm First Games Offerings shall be subject to the following:
- You shall not create an account using a false identity or information, or on behalf of someone other than yourself;
- You shall not have an account or use the service if you have previously been removed by Paytm First Games or previously been banned from playing any Games on Paytm First Games Platform, Paytm First Games at its sole discretion may allow You to create/reopen such account;
- If You are residency (permanent/temporary) of any state/union territory within the territory of India disallows you from participation, then You shall not be entitled to participate in the Paytm First Games Offerings in the Paytm First Games Portal, wherever such Paytm First Games Service is prohibited by applicable law as per the State/ Union Territory notifications / regulations in force now (such as Telangana, Orissa, Sikkim, Nagaland and Assam) and/or which may come in future. In short, participation in online games or contests or campaigns shall be controlled by your residential status and please restraint / contact us, before enrolling from notified areas;
- You shall not use your account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
- You shall not use your account to engage in any illegal conduct;
- You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your account or any virtual items associated with your account to anyone without our written permission;
- You shall refrain from using inappropriate language, including language that may look, sound like, stand for, hint at, abbreviate, or insinuate profanity, hate speech (including but not limited to racial, ethnic, or religious slurs), or illegal activities.
- You shall not carry out cheating of any kind (including by exploiting any bug or error) which is expressly prohibited and this includes exploiting any deficiency in our code or design, or in the code or design of any third party product or service used in connection with the Offerings , to gain an unfair advantage or to gain unauthorized privileges, access or abilities not clearly intended by the product’s design. Communicating information about such activities to others will also be considered cheating.
- You are responsible for any use of your credit card or other payment instrument;
- You are responsible for managing the amounts lying in the Bonus Account
- Specific conditions for the use of communication facilities (particularly discussion forums, chats, comments)
- Paytm First Games may provide you with different communication facilities for self-created entries and posts on Paytm First Games Platform or any other websites, pertaining to the game, services being offered and Paytm First Games Platform, on social networks (particularly discussion forums, chats, blogs, guest books, etc. as well as the utilization of their comment functions, altogether known as the "communication facilities"), which you may use when available. In this regard, Paytm First Games only provides you with the technical environment for an exchange of information. However, you do not have the right to claim communication features nor post any communications as mentioned in section 4.4.3 below.
- You take full responsibility for the content and entries You post and indemnify Paytm First Games from any claims from third parties arising from yours posts. Paytm First Games shall not be liable for content entered by you.
- Within the context of these communication facilities, you are prohibited from publishing or distributing content on Paytm First Games or any other websites/Platform that:
- violates an applicable law, goes against common decency, or breaches the general terms and conditions or the rules of the respective game;
- violates trademarks, patents, utility or design patterns, copyrights, trade secrets, or other rights of third parties;
- is obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature;
- is of an abusive, harassing, or defamatory nature;
- includes chain letters;
- falsely suggests that it is provided or supported by Paytm First Games;
- contains personal data of third parties without their explicit consent;
- is commercial, in particular promotional, in nature.
- Notwithstanding any other rights under these Terms of Access, Paytm First Games has the right to fully or partially remove content and entries that violate the rules of these Terms of Access. Paytm First Games also has the right to exclude users who violate these rules, in whole or temporarily, from further use of Paytm First Games online and mobile games, websites, and other services.
- In case if we find you not complying with the terms herein, then:
- We reserve the right to remove, at any time and without notice, any content from the Paytm First Games Platform.
- We reserve the right to contact your Internet Service Provider (“ISP”) regarding any inappropriate activities by you on the service.
- We reserve the right to immediately terminate or suspend our Paytm First Games Offerings who fail to abide by these Terms of Access. The decision to suspend or terminate accounts will be made at the sole discretion of Paytm First Games and are final.
- User Obligations of Username or Login details and accounts:
- During the account creation on Paytm First Games or any other website or Platform, your username and password will be provided to you ("Login Information"). The following rules govern the security of your login information:
- You shall not share the account or the login information, let anyone else access your account, or do anything else that might jeopardize the security of your Account;
- In the event You become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the login information, You must immediately notify Paytm First Games and modify your login information;
- You shall be required to keep your account active and in credible condition with Paytm inorder to login and use the services offered through Paytm First Games Platform.
- You are solely responsible for maintaining the confidentiality of the login information, and You will be responsible for all uses of the login information, including purchases, whether or not authorized by You; and
- You are responsible for anything that happens through your account.
- Paytm First Games reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
- Amounts lying in your Bonus Account can be used or redeemed only against gameplay in our Platform and you shall not be permitted to transfer or request the transfer of any amounts lying in Bonus Account.
- Issuance of amounts in the Bonus Account on any day shall not entitle you to demand entitlements at any subsequent period in time nor create an expectation of recurring issue of such amount by us to you. The eligibility of bonus is not a right and we reserve the right to credit in your account or not, i.e. it may or may not be credited, at our sole discretion.
- The amounts lying in your Bonus Account will have a certain validity period and you are requested to have them checked time and again. In case where your gameplay account stays inactive or your account is not active for 30 days; then we shall be deemed to consider your Bonus Account as inactive and will be deemed inactive account (Inactive Account).
- Content and Service: Paytm First Games owns, has licensed, or otherwise has rights to use all of the content that appears in the Paytm First Games Service or in games. All rights, title and interest in and to the Paytm First Games Offerings (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using Paytm First Games) are owned / licensed by Paytm First Games. Paytm First Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Content and the service. All Content with the exception of third party content is owned by Paytm First Games.
- Account: Notwithstanding anything to the contrary herein, you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account (except for any personal information therein) are and shall forever be owned by Paytm First Games. You agree that you have no right or title in or to any content that appears in the Paytm First Games Service, including without limitation the virtual goods or currency appearing or originating in any games of Paytm First Games, whether earned in a game or purchased from Paytm First Games, or any other attributes associated with an Account or stored on the Paytm First Games Service.
- License Limitation
- Any use of the Paytm First Games Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted under this Terms of Access), and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the service including undermining or manipulating the legitimate operation of any games of Paytm First Games is violation of Paytm First Games rights and may be a violation of criminal and civil laws.
- You agree that you will not, under any circumstances:
- engage in any act that Paytm First Games deems to be in conflict with the spirit or intent of the Paytm First Games Service, including but not limited to circumventing or manipulating these Terms of Access, game rules, game mechanics or policies;
- interfere or attempt to interfere with the proper functioning of the Paytm First Games Service or connect to or use the Paytm First Games Service in any way not expressly permitted by these Terms of Access;
- use any unauthorized third party software that accesses, intercepts, or otherwise collects information from or through the service or that is in transit from or to the service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the service to store information about Paytm First Games game characters, elements, or environment;
- make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- bypass any robot exclusion headers or other measures Paytm First Games employ to restrict access to the Paytm First Games Service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the service, or harvest or manipulate data;
- use, facilitate, create, or maintain any unauthorized connection to the Paytm First Games Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Paytm First Games Service; or (2) any connection using programs, tools, or software not expressly approved by Paytm First Games;
- use relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Paytm First Games; or
- copy, modify or distribute rights or content from Paytm First Games site or game, or our copyrights or trademarks or use any method to copy or distribute the content of the service except as specifically allowed in these Terms of Access;
- make improper use of our support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or use the service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
- Cheating & hacking – You agree that you will not, under any circumstances:
- use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the service or any of our gaming experience;
- use the service in order to design or assist in the design of cheats, automation software, bots, hacks, or any other unauthorized third party software designed to modify or interfere with the Service or any of our gaming experience;
- disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the service or any of our game environment (each a "Server"); or (2) the enjoyment of the service or any of our game by any other person;
- institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the service; or
- attempt to gain unauthorized access to the service, other games available in the Server, Accounts registered to others or to the computers, Servers, or networks connected to the Paytm First Games Service by any means other than the user interface provided by Paytm First Games, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the service;
- Commercial Activity – You agree that you will not, under any circumstances:
- use the Paytm First Games Service or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items (defined in 9.1.2 hereinbelow ) for sale;
- transmit unauthorized communications through the Paytm First Games Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
- Fees and Paid Services: Usage of the certain services of Paytm First Games may require payment of fees and which is required to be paid through the modes as specified hereunder. You must pay the subscription or other fees to participate in these services, if applicable. Payment of subscription and other fees for particular Paytm First Games Offerings are as under:
In Paytm First Games you may purchase, with “real world” money, a limited, personal, non-transferable, non-sub licensable, revocable license to use:
- “virtual currency” which shall mean digital currency that is only available in electronic form and not in physical form. It is stored and transacted in only through designated software, mobile or computer applications, or through dedicated digital wallets, and the transactions occur over the Internet or over secure dedicated networks, including but not limited to virtual cash, for use in games;
- “virtual in-game items” (together with “Virtual Currency”, “Virtual Items”); and
- other goods or services (“Merchandise”).Paytm First Games may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice and shall have no liability (whatsoever) either to you or any third party in the event we exercise any such rights. The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized by Paytm First Games. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, another user or any third party.
- Virtual Currency like Coins, Beans or any other in-game currency that a user earn or buy cannot be converted into real money. It should also be noted that the purchase of in-game currency, such as virtual coins, cash, gold, gems and diamonds, points, etc. last only for the duration of the app or game and is managed and controlled by game provider. If you choose to uninstall the app, these features and coins may cease to exist, and are not transferable. These virtual items subsequently cannot be refunded. You understand that you do not own Virtual Items but acquire a limited license to use Virtual Items according to the specific Game’s gameplay. You acknowledge that Paytm First Games is not required to provide a refund for any reason.
- Making an in-app purchase may require you to share additional personal identification and/or payment-related information with us. If any private information that is collected by a third-party billing service during purchases, it is stored and secured by that third-party and may or may not be shared with us. The third-party has the liability for storing and securing such additional information. If any particular information is provided to Paytm First Games, Paytm First Games can only ensure the protection of such information on our portal. Payment failure and refund related queries need to be addressed by the third-party as per their own T&Cs.
- ALL PURCHASES AND REDEMPTIONS OF VIRTUAL CURRENCY MADE THROUGH THE PAYTM FIRST GAMES OFFERINGS ARE FINAL AND NON-REFUNDABLE. ALL REWARDS /PRIZES ON REDEMPTION VIRTUAL CURRENCY SHALL BE AT SOLE DISCRETION OF PAYTM FIRST GAMES.
- Payment of Subscription Fees – Fees are payable in advance and are not refundable in whole or in part. We (Paytm First Games) reserve the right to change our fees or payment methods at any time. You are responsible for reviewing the Paytm First Games Offerings to obtain timely notice of such changes. Your continued use of the Paytm First Games Service means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but Paytm First Games will not be liable to refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of Paytm First Games Offerings are subject to chargeability of taxes, then Paytm First Games may charge you for any such taxes as applicable either from prospective or retrospective effect (as the case may be), in addition to the subscription or other fees.
- Platform / Contest charges - In respect for participation in the paid versions of contest(s), we may bill the charges as per the following parameters -
- a pre-designated amount will be charged towards participation in the Contest(s) and which shall be inclusive of two parameters ie, the platform fee for access to the Paytm First Games services and a participant's contribution towards prize money pool;
- the platform fee charges shall be notified by us on the Contest page and we reserve the right to modify the same. You are required to read, review and understand the charges structure, fees parameters and winnings on our Platform, prior to participation.
- Payment Options- You may pay fees using the methods available for the particular Paytm First Games Offerings and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary in Paytm First Games. When you provide credit card or other payment information to Paytm First Games or any other website or platform, you represent to Paytm First Games that you are the authorized user of the credit card or other payment method.
- As the Account holder, you are responsible for all charges incurred as mentioned below, including applicable taxes, and all purchases made by you or anyone that uses your Account.
- Google Billing and /or any other billing carrier:
- Top Ups
- Trial Subscriptions: – For some services, Paytm First Games may offer a free trial subscription. If you accept a free trial subscription, Paytm First Games will begin to bill your Account for that Paytm First Games Offering when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any internet service provider, telephone, wireless and other connection fees that you may incur when using Paytm First Games Offerings, even when we offer a free trial subscription. Trial subscriptions are not transferrable.
- Fees charged by third party sites and vendors- We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Paytm First Games. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
- Any refund request for justified cause (as per sole discretion of Paytm First Games) shall be considered, then in such instances refund process shall be initiated within 15 working days from the date of receipt of request. You understand and agree that it shall be the discretion of Paytm First Games, to initiate chargeback or not and you acknowledge that post receipt of refund if any contest / campaign qualifies You for winnings, then the same shall stand cancelled with immediate effect. We reserve the right to deduct amounts if they have been rewarded before refund initiation.
- As and when applicable Paytm First Games will make commercially reasonable efforts to help you with billing and charges applied but shall not be liable or responsible for any purchaser errors and shall not be liable for any errors on billing statements issued to you by billing carrier. Subject to these Terms, if any amounts are collected by us towards participation fees, then the same shall be held in a separate non-interest earning account (hereinafter referred to as “Interest Free Account”), which is responsible for management of user account and prize pool, until determination of the final winners and distribution of prizes. We only receive the share of the platform fee and have no control over the funds held in Interest Free Account. It is clarified that, we have no right or interest in the prize money pool, and we act only as an intermediary in accordance with the terms and conditions set therein.
- Cancellation of your account: - You have the right to cancel your account or a particular subscription at any time. If you do not agree to the terms in this Terms of Access herein, your sole remedy is to not use Paytm First Games Offerings and Paytm First Games Platform and to cancel your subscriptions or account. You understand and agree that the cancellation of your account or a particular subscription shall not entitle Paytm First Games to refund any amounts to you and the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for Paytm First Games Offerings and/or any content or entitlements thereon shall be non – refundable. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with Paytm First Games Offerings must be settled within twenty- four (24) hours of due date. Your use of all the accounts created is based on the assumption that you have read and understood the above information, along with the Terms and that usage or attempted use of your user account for any reason other than what is stated in the Terms may result in immediate termination of your user account and forfeiture of any prize, bonuses lying in your Bonus Account or balance in the user account.
Specific Terms for the Use of Online and Mobile Games
You may only take part in every round of an online game or mobile game using one user account, unless the respective rules of the game allow for exceptions from this. The use of several user accounts by one user is not permitted. Multiuser accounts such as these may be deleted or banned at the reasonable discretion of Paytm First Games.
- You are prohibited from enacting any form of manipulative interference in online or mobile games. In particular, You are not entitled to utilize measures, mechanisms, or software that could interfere with the function or progress of the game. You may not take measures that may cause an unreasonable or excessive burden on technical capacity. You are not allowed to block, rewrite, or modify content generated by the game administration or to interfere with the game in any other manner.
- Under no circumstances You may :
create or use cheats, mods and/or hacks, or any other third party software products that may change the result of the online or mobile games,
use software that allows the mining of data or otherwise intercepts or collects information in connection to the online and mobile games,
use virtual items that are being used in online or mobile games outside of the online or mobile games, purchase virtual items for "real" money, or sell or swap virtual items,
sell, buy, or trade user accounts.
This includes all circumventions, similar actions, or actions that produce an effect that matches the aforementioned bans.
- You are also prohibited from running the online game and use of the services in order to design or assist in the design of cheats, automation software, hacks, or any other unauthorized means by third party software designed to modify or interfere with our programs other than the internet browser that has been provided. This refers in particular to so-called bots and other tools meant to replace or supplement our interface.
- Winner Announcement -
- Post selection of winner(s), the results will be published on mentioned link https://Paytm First Games.com/winners and/or on the game links available at Paytm First Games website.
- Paytm First Games shall make three (3) attempts within seven (7) working / business days to contact the winner on their registered Mobile Number to inform about the prize and further process of claiming the prize. In case of weekends or national holidays, the winners will be contacted the next working day(s).
- If the winner is not reachable / contactable on phone within seven (7) working/business days of winner announcement, the prize shall be forfeited.
- All decisions by Paytm First Games regarding the selection of winner(s) shall be final and binding.
- Winner selection shall be based on the criteria and sole discretion of Paytm First Games, and the participants hereby agree that they shall not dispute/challenge any decision taken by Paytm First Games.
- We may be required to provide following information available on our platform such as name, score, etc. to be communicated to vendors or for marketing purposes in any media and you consent for to the same. We may, at its our discretion, choose not to disclose the identity of the selected Winner(s) to other participants unless expressly mentioned herein. You understand and agree that acceptance of the Prize, constitutes grant of permission to the facilitators to click photographs of the Winner and use the Winner’s names, photograph, preferences (likes and dislikes), voice and comments for advertising and promotional purposes in any media worldwide, only for the purposes of advertising and trade without any additional compensation whatsoever to You (Winners). As a participant or Winner (as the case maybe), you hereby provide your irrevocable consent for sharing/submission of your information to Paytm First Games, and subsequent use by us of such information for lawful purposes as per our discretion.
- Winners also consent to the information being stored in our or our service provider’s servers.
- The prizes offered herein are generally sponsored, and will be distributed by Paytm First Games. Paytm Cash and/or any voucher will be credited to the Winner(s) Paytm/Paytm First Games wallet within seven (7) working/business days or such other timeframe as mentioned in the voucher / offer (as the case maybe), after selection of winner(s) and completion of prize claiming process. In the event the prizes offered are in the form of physical good or items, the same shall be delivered after the date of announcement post completion of formalities and compliances required to be completed from the winner’s end as per the process of Paytm First Games. In all circumstances Paytm First Games reserves the rights to offer any amount / coupon / voucher/ any other prize equivalent to the cost of the Prize.
- The prize is neither assignable nor transferable under any circumstance, unless specifically provided hereunder by Paytm First Games.
- The prizes to the winner(s) shall be given subject to compliance with all applicable statutory legislations including RBI guidelines in respect of prepaid payment instrument, processes and formalities (including KYC formalities as may be applicable) in connection with the prize and on production of all such documents/papers as may be applicable and required by Paytm First Games. The prize shall be distributed only after and subject to confirmation of an existing Permanent Account Number (“PAN”) of the winner(s) or such other requirements as and when mentioned by Paytm First Games.
- Any failure on winner’s part to comply with directions issued by Paytm First Games for claiming the prize shall entitle Paytm First Games to forfeit the prize.
- Paytm First Games shall not be responsible for any delay on part of any third party including the courier agency, in delivering the prize (if applicable). All costs and expenses for collecting the prize, unless otherwise specified, shall be borne solely by the winner(s). The prize shall not be transferable and no request shall be entertained by Paytm First Games for such transfer.
- Without prejudice to the foregoing, under no circumstance shall the winner(s) be entitled to redeem any category of prize for cash, unless expressly mentioned in the contest. Paytm First Games, at its sole discretion, may or may not provide a cash alternative to any of the prize being offered as per the terms of the contest.
- Without prejudice to any of the foregoing clauses, any failure on the part of the winner(s) to comply with directions issued by Paytm First Games shall entitle Paytm First Games to cancel and forfeit the prize for the said winner(s).
- Any prizes of value in excess of INR 10,000/- (INR Ten Thousand Only), will be subject to deduction of taxes as applicable. Paytm First Games shall in advance deduct TDS as per applicable Income Tax rules. The prize shall be delivered/ given to the winner, only upon the winner paying the amount to Paytm First Games by Demand Draft (“DD”) equal to the TDS amount in advance in favor of Paytm First Games Private Limited or we deducting the amount equivalent to TDS from your winnings and the rest will be credited in your account. You will be required to furnish your PAN duly issued to you by the Income Tax authorities if you have not already done so, and withdrawals will be permitted only after correct PAN has been provided. The limit of deduction of TDS and rate of TDS deduction is subject to prevailing rules and regulations and shall vary as and when notified by Government. Our obligation is this regard is limited to deducting TDS as required by law and providing you an appropriate certificate of tax deduction. We neither advise you nor shall in any manner be responsible for your individual tax matters. You understand that as a go green initiative we shall be sending you TDS certificate via email only; unless otherwise specified by you or we receive a written request from you for having hard copies.
- The documents required to be submitted along with the claim by the winner(s) include the following (the document list is only inclusive and not exhaustive and can change as per the requirements of law) * :
- Address proof (Voter ID/Driving License/Passport/electricity bill not older than 3 months/Telephone bill not older than 3 months etc.)
- Photo Id proof (/Passport/Voter ID/Driving License etc.)
- One passport size photo
- Additional document like Postpaid bill, etc.
- Self-attested copy of PAN card
- Letter of compliance with rules and regulations and declarations in the format as may be required by the organizers or applicable laws.
Paytm First Games or such 3rd Party as designated by us shall receive the documents from Winner for verification purposes, we will publish the results.()* If the winner fails to comply with the set requirements his right to win the prize shall be considered forfeited.
- Post completing documentation process, the winner will be informed (through tele-calling/Email/SMS) regarding the modalities of the prize and distribution thereof. Delivery of prize if any will be subject to the winner(s) giving the correct address and his/her availability on provided address. In the event the prize cannot be delivered, when specified that it will be delivered, due to reasons beyond the control of Paytm First Games, the winners shall collect them from the nearest place specified by Paytm First Games.
- In case of anomalies in the details provided by the winner while registering with Paytm/Paytm First Games and documents submitted by winner while claiming prize, such winner will stand disqualified with immediate effect.
- The prize(s) to the winner(s) shall be given subject to compliance with all applicable statutory legislations, processes and formalities in connection with the prize(s) and on production of all such documents/papers as may be required by Paytm First Games before accepting the delivery of the prize. Any failure on the part of the winner(s) to comply with directions issued by Paytm First Games for claim of prize shall entitle Paytm First Games to forfeit the prize(s) or roll the prize over to the next eligible winner(s), at their sole discretion.
- If You are providing any incorrect information or concealing/withholding any information from Paytm First Games with intent to participate and/or be chosen as the winner(s), You will automatically be disqualified from participating in it and being chosen as the winner(s) of the different categories of prize. Such act of You providing incorrect information or concealing/withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, mobile connection of operator number, domicile etc., by You or dispute with the Paytm First Games, shall entitle Paytm First Games to disqualify You without any further intimation. Paytm First Games reserves its right to take appropriate legal action against You if You are found to be involved in illegal/unauthorized activity.
- Prize winners understand and agree that Paytm First Games its owners and affiliates, shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal loss or injury that may be suffered (including loss of life), to a Winner and/or any third party, directly or indirectly, by use or non-use of the Prize.
- Post Winner(s) declaration and completion of their announcement and further process, as the case may be, if Paytm First Games finds that the declared Winner(s) are erroneous then we reserve the right to declare the correct Winner(s) again (under this Terms of Access) and cancel the Prize of Winner(s) declared earlier and the decision of Paytm First Games shall not be challenged by any erroneously selected Winners and you agree by the same.
- Amounts lying in the Inactive Accounts will be forfeited / expired / cannot be used further or shall be subject to other requirements as decided by us at our sole discretion. To clarify further, Inactive Account usage shall be subject to our discretion and we shall be governing the usage of amounts lying in Inactive Account.
- Approval/ Acceptance :
By participating in the games, You indicate your unconditional acknowledgement and acceptance of these Terms of Access and /or any additional terms and conditions may apply in order for You to avail specific Paytm First Games Offerings and to specific portions or features of the Paytm First Games Platform, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Access by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Access and the terms posted for or applicable to a specific portion of the Paytm First Games Platform or for any Paytm First Games Service offered on or through the Paytm First Games Platform, the latter terms shall control with respect to Your use of that portion of the Paytm First Games Platform or the specific Paytm First Games Service, to the extent there is any conflict.
- You confirm and waive the applicability of rules and regulations of the National Do Not Call Registry to receive promotional messages and alerts including without limitation daily updates on the score under the contest / campaign criteria from Paytm First Games, as we may decide in our sole discretion.
- You are aware that answers submitted on the Paytm First Games Platform and sent by You may not be received by Paytm First Games instantly or received late due to various factors outside the control of Paytm First Games such as network failure, system failure etc. In all instances the time of receipt by Paytm First Games shall be taken into account, and You agree not to dispute, challenge or raise any claim / action against us by the delay caused in receiving.
- Bribes, Gifts, Entertainment, Favours and Payment: You shall not offer any Paytm First Games employee gifts, payments, Services, or other favors where these would, or might appear to improperly influence the employee in performing his or her duties for Paytm First Games. Paytm First Games employees should not encourage or solicit gifts, entertainment or Services from You. Gifts of cash or cash equivalents (e.g. gift cards) are prohibited. Consistent with Paytm First Games requirement that all business conducted with Paytm First Games adheres to applicable laws and regulations, the use of bribes, secret compensation or kickbacks is strictly prohibited.
- General Terms:
- Support: Subject to the other provisions of the terms of usage, Paytm First Games will attempt to help you with any queries or problems that You may have with the Paytm First Games Platform or any of your purchases through the Paytm First Games Platform. To reach our customer support team, please e-mail us at firstname.lastname@example.org. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible. If You believe that any action has been taken against your account or device in error, please contact customer support at email@example.com. You may click on http://m.p-y.tm/contactus or write at firstname.lastname@example.org regarding queries / complaints pertaining to any contests / campaigns, rewards, gratification etc. between 9.30 AM to 6.30 PM, on business days (Monday to Friday). Further, any information that is being requested in connection with the campaign or contest, may be provided by us at our sole and absolute discretion, and will be dependent on the nature of the information requested. Please note that any information requested by you shall only concern you and under no circumstances will we be providing you with the confidential information or information pertaining to other participant(s). We will entertain queries maximum for the period of one month, from the date of start of such corresponding matter and no such request shall be entertained thereafter. For nonpaid transactions information provided by us, will not be held accountable/answerable or as evidence against us and we do not make any commitment, express or implied to respond to any feedback, suggestion and/or queries.
- Remedies: You agree that this Terms of Access is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Access. You also understand and agree that this Terms of Access, other Paytm First Games Policies and the supplemental terms as and when incorporated, are not intended to confer, and do not confer, any rights or remedies upon any person.
- Severability: If any part of this Terms of Access is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Paytm First Games, and the remaining portions shall remain in full force and effect.
- Waiver: Failure of Paytm First Games to exercise or enforce any right or provision of this Terms of Access will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Access will be effective only if in a writing signed by Paytm First Games.
- Employees of "Paytm First Games" (including their family members & relatives) and of their group companies, affiliate or associate companies shall not be eligible for any of the Prizes under contest / campaign / offers whatsoever and it shall be the sole discretion of Paytm First Games, whether to provide or not. In instances where we have exclude “Employees” from rewards, and it comes to our knowledge that the Winner is an employee of Paytm First Games or their family members or relatives, then we reserve the right to forfeit the gratification / prize / rewards.
- Incidental expenses: All incidental costs, taxes or levies related to the winnings if any, shall be exclusively borne by the winner, including but not limited to logistics, TDS, gift tax (if any), Insurance and any other taxes applicable by the central, state or municipal government. If your claim for prize requires you to travel then you will be required to make own arrangements for travel, accommodation to claim the winnings (if applicable); Paytm First Games shall not be responsible for the same or any cost of travel and accommodation incurred by any of customers, unless and until notified in the contest.
- The campaign / contest / Terms are designed / sourced by Paytm First Games, as per our best of efforts. In case there is any discrepancy or dispute regarding, then decision of Paytm First Games shall be final and neither Paytm First Games nor any third party shall have any obligation towards customers, save and except guidelines / directions issued by any applicable competent authority from time to time. No queries/complaints whatsoever in this regard will be entertained.
- Other Terms and Conditions
- Additional terms and conditions may apply in order for You to avail specific Paytm First Games Offerings and to specific portions or features of the Paytm First Games Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Paytm First Games Platform, the latter terms shall control with respect to Your use of that portion of the Paytm First Games Platform. Paytm First Games may make changes to any Paytm First Games Offerings offered on the Paytm First Games Platform, or to the applicable terms for any such Paytm First Games Offerings, at any time, without notice. The materials on the Paytm First Games Platform with respect to the Paytm First Games Offerings may be out of date, and Paytm First Games makes no commitment to update the materials on the Paytm First Games Platform with respect to such Paytm First Games Offerings. The following terms also govern and apply to Your use of the Paytm First Games Platform, and they are incorporated herein by this reference: _____________________________________________________________
- SSOID Service, Participating Platforms - Paytm’s SSOID service offers You the convenience, after a one-time registration any Paytm First Games Platform, to sign on (log in) to all web pages and online platforms operated by Paytm or its affiliates (hereinafter the Participating Platforms) with single log-in access / data, without going through a separate registration process every time. After successfully registering for the SSOID Service, the user can log-in via each Participating Platform with his SSOID access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations). The Participating Platforms that offer the SSOID as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary in the course of time. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which Paytm’s SSOID service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of Paytm is solely responsible only for those content that it actually operates. For the SSOID service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The SSOID shall be owned and operated by One97 for use on all Participating Platforms. For the use of Paytm’s SSOID service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the SSOID service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the SSOID service or to disclose them otherwise. The user is obliged to inform Paytm immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our SSOID service (hereinafter the SSOID Agreement). Our offer for the conclusion of the SSOID Agreement is then effected by the fact that Paytm sends the user a confirmation by e mail, in which a confirmation link is included next to the user name and the password for the SSOID Service. By the user clicking on this confirmation link, the user accepts Paytm’s offer, so that in this way the SSOID Agreement enters into force. Conclusion of the SSOID Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. Paytm is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for Paytm) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.
- Communication Policy
- By accepting the T&Cs, You accept the following:-
- Paytm First Games / Paytm may send alerts or make phone calls to the mobile phone number provided by You while registering with the Paytm First Games Platform for the SSOID service or on any updated mobile number subsequently provided by You on the Paytm First Games Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in 'On' mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in 'Off' mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
- Paytm First Games will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from Paytm First Games as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Paytm First Games Platform or availing any Paytm First Games Offerings. Paytm First Games shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Paytm First Games liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
- The SMS/e-mail alert/push notification service provided by Paytm First Games is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, Paytm First Games shall be immediately informed about the same by You and Paytm First Games will make best possible efforts to rectify the error as early as possible. You shall not hold Paytm First Games or its affiliates liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
- The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. Paytm First Games shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
- You will indemnify and hold harmless Paytm First Games and its affiliates including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney's fees which Paytm First Games or its affiliates or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the Paytm First Games Offering from Paytm First Games or its affiliates and/or the SMS/e-mail service provider.
- Use of Paytm First Games Platform - You understand that except for information, products or services clearly indicated as being supplied by Paytm First Games, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Paytm First Games or its affiliates cannot and does not guarantee or warrant that files available for download through the Paytm First Games Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.
- Prohibited Conduct - By accessing or using the Paytm First Games Platform or by availing Paytm First Games Offerings, You agree not to:
- violate the T&Cs;
- impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Paytm First Games Offerings, perform any other similar fraudulent activity or otherwise avail Paytm First Games Offerings with what we reasonably believe to be potentially fraudulent funds;
- infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
- use the Paytm First Games Offerings if You are under the age of 18 years without a parental sponsor or, in any event, use the Paytm First Games Offerings if You are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;
- post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;
- post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
- refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to Paytm;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Paytm First Games Offerings and the Paytm First Games Platform or features that enforce limitations on the use of the Paytm First Games Offerings or the Paytm First Games Platform;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Paytm First Games Offerings or Paytm First Games Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
- use the Paytm First Games Offerings or the Paytm First Games Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Paytm First Games Offerings or the Paytm First Games Platform in an automated manner;
- modify, adapt, translate or create derivative works based upon the Paytm First Games Offerings and the Paytm First Games Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
- intentionally interfere with or damage operation of the Paytm First Games Offerings or the Paytm First Games Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
- use any robot, spider, other automatic device, or manual process to monitor or copy the Paytm First Games Platform without prior written permission;
- interfere or disrupt the Paytm First Games Platform or networks connected to the Paytm First Games Platform;
- take any action that imposes an unreasonably or disproportionately large load on Paytm’s infrastructure/network;
- use any device, software or routine to bypass the Paytm First Games Platform’s robot exclusion headers, or interfere or attempt to interfere, with the Paytm First Games Offerings;
- forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Paytm First Games Platform or to manipulate Your presence on the Paytm First Games Platform;
- sell the Paytm First Games Offerings, information, or software associated with or derived from it;
- use the facilities and capabilities of the Paytm First Games Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
- breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs;
- provide false, inaccurate or misleading information;
- use the Paytm First Games Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Paytm First Games Platform, except and only as expressly provided in the T&Cs;
- avail Paytm First Games Offerings with what Paytm First Games or its affiliates reasonably believes to be potentially fraudulent funds;
- use the Paytm First Games Offerings in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Paytm First Games or its affiliates, a third party or You;
- use the Paytm First Games Offerings in a manner that Paytm or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
- take any action that may cause Paytm First Games or its affiliates to lose any of the Paytm First Games Offerings from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;
- send automated request of any kind to the Paytm First Games Platform without express permission in advance from Paytm.
- Termination; Agreement Violations - You agree that Paytm First Games, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the Paytm First Games Offerings/Paytm First Games Platform and remove and discard on the Paytm First Games Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time. Paytm First Games may also in its sole discretion and at any time discontinue providing access to the Paytm First Games Offerings, or any part thereof, with or without notice. You agree that any termination of Your access to the Paytm First Games Offerings/Paytm First Games Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Paytm First Games or its affiliates will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Paytm First Games or its affiliates may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Paytm First Games Offerings/Paytm First Games Platform.
In response to a violation of these Terms of Access or any other agreement applicable to Paytm First Games Offerings accessed by You, or We deem that your use of Paytm First Games Offerings renders Paytm First Games less safe for other users or for illegal or improper use of Paytm First Games Offerings, content, entitlement, products, or Paytm First Games Intellectual Property, We may issue You a warning, suspend your account, selectively remove, revoke or garnish entitlements at an account and/or device level, immediately terminate any and all accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all Paytm First Games Offerings or certain Paytm First Games Offerings. On such termination You will lose your user name and ID, no refund / refunds will be granted, no entitlements will be credited to you or converted to cash or other forms of reimbursement, and You will have no further access to your account or entitlements associated with your account. Bonuses lying in your Bonus Account shall return to us and you shall not have any right or interest on such Bonus Account.
You understand, acknowledge and agree that in such an instance, we are not required to provide you notice before taking action to suspend or terminate your account, temporarily or permanently banning your device from some or all Paytm First Games Offerings or selectively removing, revoking or garnishing entitlements associated with your account. If Paytm First Games terminates your account, you may not participate in Paytm First Games Service again without Paytm First Games express written permission. You may not allow individuals whose accounts have been terminated by Paytm First Games to use your account.
- Limitation of Liability and Damages - In no event, Paytm First Games or its affiliates or its contractors, agents, licensors will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Paytm First Games Offerings, the Paytm First Games Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Paytm First Games Offerings, the Paytm First Games Platform (including any and all materials) or any reference sites/app/platform/service, even if Paytm First Games has been advised of the possibility of such damages.
In no event, Paytm First Games or its affiliates, directors, employees, agents, will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Paytm First Games Offerings, the Paytm First Games Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Paytm First Games Offerings, the Paytm First Games Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Paytm First Games or its affiliates, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the Paytm First Games Offering or the Paytm First Games Platform giving rise to the cause of action, or beyond or in excess Rs, 5,000, whichever is less.
You acknowledge and agree that Paytm First Games has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Paytm First Games, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Paytm First Games. Paytm First Games or its affiliates would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, Paytm First Games and its affiliate’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
- Indemnification - You agree to indemnify, save, and hold Paytm First Games, its affiliates, employees, officers, directors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, which shall include and not be limited to liabilities arising out of or related to: (i) breach or alleged breach of the representations or obligations by the customers; (ii) Your use or misuse of the Paytm First Games Offerings or of the Paytm First Games Platform; (iii) any violation by You of this Agreement or the SSOID Agreement; (iv) any breach of the representations, warranties, and covenants made by You herein; (v) any failure by the customers to comply with applicable law and (vi) any third party claim in respect of misuse of any information of a third party by You. Paytm First Games reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Paytm First Games or its affiliates, including rights to settle, and You agree to cooperate with Paytm First Games defense and settlement of these claims. Paytm First Games will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
The Participants shall indemnify and keep indemnified Paytm First Games and their officers, directors, employees, customers, and affiliates harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which Paytm First Games may incur, pay or become responsible as sponsor/organizer/facilitator as a result of (i) breach or alleged breach of the representations or obligations by the Participants under the T&C hereunder; (ii) any failure by the Participants to comply with applicable law and (iii) any third party claim in respect of misuse of any information of a third party by the Participant. Paytm First Games shall have the right to defend themselves, pursuant to this clause, at the cost of the Participants. Paytm First Games Private Limited or their respective affiliates shall not be responsible for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the Winner(s) or any third party, in connection with the Offer. It is expressly provided that the transaction shall be between Participant & Paytm First Games only.
- Disclaimer; No Warranties - To the fullest extent permissible pursuant to applicable law, Paytm First Games and its affiliates and its third-party partners, disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You either from Paytm or from Paytm First Games or through the Paytm First Games Offerings or the Paytm First Games Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “Paytm First Games” includes Paytm First Games officers, directors, employees and Paytm includes ‘Paytm’ officers, directors, employees. You expressly agree that use of the Paytm First Games Offerings on the Paytm First Games Platform is at Your sole risk.
Subject to any applicable laws; we disclaim warranties of any kind whatsoever, whether express or implied, including and not limited to, meeting of the end users requirements or aspirations, timeliness, security, the results or reliability of any offer, delay in sending or receiving the SMS for participating in any campaign, any type of delay by the participant / winner, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits or prize/gratification/awards acquired or obtained through the platform or any transactions effected through the Paytm First Games; and no advice or information whether by representations, oral, written or pictorial derived from the platforms including but not limited to websites/ SMS, shall be construed to mean the giving of any warranty of any kind.
It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally and You expressly agree that your participation is at your sole risk and is governed by the Terms herein. Paytm First Games or its affiliates does not warrant that the Paytm First Games Offerings will be uninterrupted or error-free or that defects in the site will be corrected. Paytm First Games Offerings and the Paytm First Games Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the Paytm First Games Offerings/Paytm First Games Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. This paragraph shall survive termination of this Agreement.
In case you have won any reward / prize, then in such instances apart from the entitlement for that prize, You or your legal heirs / successors / representative do hereby agree and acknowledge that there will have no other rights or claims against us, or our owners/organizers/sponsors and affiliates. Notwithstanding anything, in case of any dispute, maximum aggregate liability of Paytm First Games, shall not exceed value of the concerned Prize won or being rewarded to You.
- Ownership; Proprietary Rights - The Paytm First Games Offerings and the Paytm First Games Platform are owned and operated by Paytm First Games and/or its affiliates. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Paytm First Games Offerings and the Paytm First Games Platform provided by Paytm (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Paytm First Games, all Materials, trademarks, service marks, and trade names contained on the Paytm First Games Platform are the property of Paytm First Games. You agree not to remove, obscure, or alter Paytm First Games / Paytm or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Paytm First Games Offerings/Paytm First Games Platform. Except as expressly authorized by Paytm First Games, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. We reserves all rights not expressly granted in this Agreement. If You have comments regarding the Paytm First Games Offerings and/or the Paytm First Games Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Paytm First Games, and shall assign to Paytm First Games, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Our offerings are owned, licensed and operated by Paytm First Games Services and the Paytm First Games Platform including without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of Paytm First Games and each area contained therein are the property of Paytm First Games and/or its third-party content providers. Paytm First Games owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Paytm First Games Platform (including, without limitation, content that Paytm First Games enables You to download) without the express written permission of Paytm First Games and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, and legend or copyright notice shall be made. You acknowledge that the Paytm First Games and/or third-party content providers remain the owners of all materials posted on the website, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Trademark Notice: Paytm First Games, Paytm First Games Platform and/or Paytm First Games via Paytm Platform, contents of Paytm First Games website and the logo, games are trademarks or registered trademarks of Paytm First Games in India and elsewhere. All other names of companies and products mentioned herein may be trademarks of their respective owners and are used with permission only. All rights not expressly granted herein are reserved.
Copyright Notice: All games, content and software ("Software") (if any) that is made available to view and/or download in connection with the Paytm First Games Platform is owned by and is the copyrighted work of Paytm First Games and/or its suppliers and is protected by copyright laws and international treaty provisions. For any Software, Paytm First Games hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the Paytm First Games Platform in accordance with these Terms of Service, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. You will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited.
- Notice - Paytm First Games may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Paytm First Games Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Paytm First Games must be sent by courier or registered mail to Paytm First Games Private Limited, B-121, Sector-5, Noida, Uttar Pradesh 201301, India.
- Dispute Resolution - If any dispute, controversy or claim arises under this Agreement or in relation to any Paytm First Games Offering or the Paytm First Games Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably.
You agree that any claim or dispute You may have against Paytm First Games and its affiliates must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
- Survival - Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
- Headings - The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.
- Entire Agreement - This Agreement is the entire agreement between You and Paytm First Games relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Paytm First Games in accordance with the terms of this Agreement.