Welcome to GetMega, an online real-money gaming platform currently available through our website [http://www.getmega.com], and mobile applications (collectively, “App”). The App is owned and operated by Megashots Internet Private Limited, whose registered office is located at #25, 8th Main, 2nd Floor, Vasanthnagar, Bangalore, Karnataka 560 052.
The App enables end users (“Players”) to play games (“Games”) in various formats by paying an entry fee (“Entry Fee”) and win prizes (“Winnings”).
By accepting these Terms you confirm that you have the capacity to enter into a legally binding contract under applicable law, including, in particular, the Indian Contract Act, 1872.
Our App and the Games are designed to be used only in certain states in India. If you access the App from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws. You are not permitted to use the App in certain states in India. Further, the usage of specific Games may be restricted in other states. Please read these Terms and the relevant Game’s terms (if any) carefully before playing.
We reserve the right to amend all or any of the Terms at our sole discretion without any prior notice. Your continued use of the App or the Games following any such amendment indicates your acceptance of such amendment.
Subject to the above, and your compliance with these Terms, we grant you a non-exclusive, revocable, limited privilege to access and use the App only for your personal, non-commercial use.
A QUICK TOUR
Here is a summary of how you can use the App.
Download GetMega App → Install GetMega App → Accept these Terms → Create a Player Profile → Buy a Pack → Choose a Game → Choose a Contest → Meet the Winning Criteria → Win and Receive Winnings → Your Winnings will reflect in your Winnings Statement → Claim your Winnings including requesting a transfer of your monetary Winnings reflecting in your Winnings Statement to your own bank account or your own wallet, in Indian Rupees.
The App enables Players to play various Games and win prizes in the form of Winnings.
The App offers the Games in the following broad categories:
- Card Games
These Games are played using the standard 52-deck of French playing cards;
- Trivia Games
These Games require Players to answer questions by choosing an answer from multiple options or provide an answer of the Player’s own accord; and
- Casual Games
These Games either reflect offline variants of board games or novel casual games which are offered on the App.
- Card Games
GAMES OF SKILL
All Games offered on the App are games of skill and are made available on the basis that they do not constitute betting or gambling under the relevant applicable laws. While some Games on our platform are available on a ‘free-to-play’ basis, most Games have an Entry Fee. Some states in India prohibit playing any games for money including where such games are games of skill. While we make efforts to ensure that the relevant Games are not available in states where they are restricted, you remain solely responsible for ensuring that using the App or playing a Game is legally permissible in every location where you do so and we shall not be liable in any manner whatsoever for any claims or losses arising out of your violation of applicable law. You are advised, in particular to provide accurate information in relation to your location, and not use means including virtual private networks, or other tools to circumvent any restrictions or mechanisms on the Platform.
If you are a resident of, or are travelling to, Assam, Odisha or Telangana or outside India, please do not access the App, create a Player Profile or play any of the Games.
Upon installing the App, you will be prompted to register on the App by creating a user account (“Player Profile”). You will be required to create the Player Profile by linking the Player Profile with your account on a third party platform such as Facebook. We will receive, your full name as you have entered on such third party application, email address, photograph and other public information that you have authorized such third party platforms to share, for the purposes of displaying the same on the App.
Additionally, you will be required to enter your mobile number and verify the same through an OTP sent by us to you for this purposes. You are also required to update your location on your Player Profile.
You may register only 1 (one) Player Profile on the App. We may cancel or terminate your Player Profile if we have reasons to suspect that you have concurrently registered or are in control of 2 (two) or more Player Profiles.
Further, we have the right to reject your application for registration for any reason.
Player Profiles are personal, confidential and not transferable.
You shall be solely responsible for the confidentiality of the login credentials used by you to access the App, not disclose the same to anybody and take all possible care to prevent discovery of the login credentials by any person. In any event, we are not liable or responsible for any unauthorized access to your Player Profile. You will immediately notify us of any unauthorized use of your Player Profile or any other breach of these Terms or security of the App, known to you.
Please note that we shall be entitled to presume that any person who logs in with your login credentials is you. You will therefore be responsible for any actions taken using your Player Profile.
When a Player Profile is created, it will display 2 (two) sets of portfolios, associated with it:
Remittance Portfolio. Your remittance portfolio (“Remittance Portfolio”) will reflect the value in Indian Rupees (“INR”) remitted by you for playing Games on the App and additional amounts received by you from signups, referral bonuses and promotional offers that may offered on the App.
Winnings Portfolio. The winnings portfolio (“Winnings Portfolio”) will contain the amount of money won by you as Winnings in INR.
Subject to the Terms, all gems and packs purchased by you prior to [●] will stand converted into amounts reflected in your Remittance Portfolio. All free gems received by you prior to [●] will be extinguished. By way of illustration, if you had 10 (ten) gems available in your gem balance or equivalent packs of which 9 (nine) gems were purchased and 1 (one) gem was received free, then an amount of INR 9 (Indian Rupees Nine) will be reflected in your Remittance Portfolio. The conversion has been completed on March 02, 2020.
The balance reflected in your Remittance Portfolio may only be applied towards playing Games on the App. The value available in INR in the Remittance Portfolio cannot be withdrawn into your Designated Account (as defined below) or transferred into your Winnings Portfolio.
Your Remittance and Winnings Portfolios are not wallets or accounts and contain no real money:
The Remittance Portfolio only reflects the amount remitted by you to enter a Contest or any additional amounts received by you from signups, referral bonuses and promotional offers that may offered on the App.
Similarly, the Winnings Portfolio only reflects the amount which we offer to pay you in the manner specified in these Terms upon a claim made by you and upon fulfilment of KYC requirements and other conditions specified in these Terms, subject to our satisfaction. It is hereby clarified that, the amount reflected in the Winnings Portfolio does not belong to you until you have made a claim to withdraw that amount to your Designated Account and you have fulfilled other conditions mentioned in these Terms.
Once your Player Profile is created, and your Remittance Portfolio and Winnings Portfolio are set up, you can play Games on the App.
Each Contest shall have an Entry Fee which may be paid from the amounts reflected in the Remittance Portfolio or the Winnings Portfolio. You may also be able to play certain Games using a Pass (as explained below).
Players can play Games using amounts from both the Remittance Portfolio and the Winnings Portfolio. However, Players will be allowed to utilize the amounts in their Winnings Portfolio only after exhausting their Remittance Portfolio.
Once you have paid the Entry Fee (as explained below), you can choose and play Games offered on the App. Each Game may have one or more virtual game rooms (“Contests”).
Each Contest runs for a fixed duration. Contests run during specific periods and may not always be running. You will have to wait for a Contest to begin before you can play any of the Games.
Please do note that multiple Contests may be running on the App at the same time in relation to the same or different Games. Different Contests may run for different durations as well as have different commencement and concluding times. Different Players may participate in the same Contest simultaneously. You have the option to participate in as many Contests as you would like to during the relevant period.
When you decide to participate in a Contest and play the corresponding Game, we will match you with one or more Players (depending on the nature of the Game) participating in the same Contest. You may be unable to participate in a Contest, or a Contest may not commence, if sufficient number of Players are not available, or if we are unable to match you with a Player during the Contest at the time you choose to play the Game.
You may be able to play a Game multiple times (each a “Game Session”) in the same Contest until it concludes and may score points for each Game Session.
For each Contest, your highest point score across Game Sessions for such Contest will be logged as your “High Score” for the Contest.
Your High Score as well as every other Player’s High Score will be displayed after each Game Session. Whether your High Score will result in you being eligible to receive Winnings will depend on the rules of the particular Contest.
Each Contest has different winning criteria which will be notified to you before you join the Contest. Each win has corresponding and different Winnings, which are also specified at the time of joining the Contest.
The wins and corresponding Winnings will be determined and declared for each Contest only after the Contest concludes.
The Winnings to which you are entitled based on the rules of the Contest and applicable GetMega policies will be reflected in your Winnings Portfolio (as defined below) as soon as reasonably possible after the end of the relevant Contest.
We love having you on-board the App and to get you started, we may provide you with passes (“Passes”) for one or more Games or for one or more category of Games. Each Pass has a specified value and will enable you to join a Contest that has an Entry Fee of an equal or lower value.
You may also earn Passes if you refer the App to third parties who register and create a Player Profile on the App, and buy one or more Packs. To avail Passes pursuant to your referrals, the referred Player must provide us with your phone number.
All Passes have a fixed validity period and will expire if you do not utilize them before their expiry.
When you enter a Contest using a Pass and are awarded Winnings, basis the relevant winning criteria, the value of such Pass will be deducted from such Winnings. If you lose the Contest, then the value of the Pass is to our account. By way of illustration:
Each pass has:
Maximum value. This is the maximum value of a single pass to join a games. To elaborate, if your pass has a maximum value of 10 (ten), you can join contests with entry fees of upto Rs.10 (ten). For example a Rs.5 (five) or a Rs.10 (ten) contest, but you cannot use the pass to join a Rs.15 (fifteen) or Rs. 20 (twenty) contest.
Pass fee. Pass fee is the charge that is deducted from your Winnings if you use a pass to join a room. A pass will give you free access to a room, however, GetMega puts up the amount on your behalf. If you lose a game then there is no charge applicable, however, GetMega will deduct the pass fee (room joining charge) from your Winnings. Pass fee may vary for each pass and the fee will be mentioned on the pass at the time of exercise.
To help you understand better, if you use a pass of maximum value of 10 (ten) and pass fee of 25% (twenty five percent) and you join a Rs. 10 (ten) contest of maximum 2 (two) players.
Total game pool - 10 + 10 = 20Winning amount - Rs 14 (Rupees Fourteen)Pass fee applicable = 25% X 10(Room joining cost) = 2.5Final game Winnings = 14(game Winnings) - 2.5(Pass fee) = 11.5
REFUND OF ENTRY FEE
In the event, you are unable to participate in a Contest after paying the Entry Fee due to (a) the Contest being cancelled by us; (b) requisite number of Players being unavailable; or (c) our failure to match you with Players, then the INR paid by you as Entry Fee will be refunded.
In the event, you are unable to participate in a Contest after paying the Entry Fee due to (a) your failure to play a Game during the period the Contest is running; (b) losing internet or data connectivity; (c) the App crashing on your Compatible Device (as defined below); or (d) any other reason which has not been specified in paragraph 7.12, you will forfeit the INR paid as Entry Fee and shall not be entitled to any refund or compensation.
Each Contest has different criteria for winning and has corresponding Winnings. Details of the winning criteria and the Winnings will be provided to you at the time of joining the Contest.
Winnings may include but may not be limited to monetary prizes (which may either be fixed or variable based on the number of Players participating in the particular Contest), or other non-cash based awards such as products, discount vouchers or other intangible awards.
The winning criteria as well as the Winnings will be decided by us on our sole discretion.
In the event you win a Contest basis the relevant winning criteria, you may win monetary or non-monetary Winnings. Only monetary Winnings will reflect in your Winnings Portfolio.
In the event, you win monetary Winnings, you are entitled to (a) utilise the money to buy more Packs on the App; or (b) withdraw the money in your bank account or wallet associated with the App (“ Designated Account”), subject to you fulfilling all conditions specified in these Terms, to our satisfaction.
Non-monetary Winnings may be claimed by following the instructions provided in the App.
All Winnings will be credited to the Player subject to tax deduction at source in compliance with applicable law.
In the event you have joined a Contest before it commenced and failed to play the Game during the period in which the Contest is running and active, your Entry Fee, paid in the form of INR, will be forfeited and you will not be entitled to any refund or compensation for the same.
Further, in the event, you participate in more than one Contest, all of which are running simultaneously, and are unable to play the relevant Game for any of the Contests when they are running, then you will forfeit the Entry Fee you have paid for such Contests.
Furthermore, you will not be entitled to any Winnings in the event you fail to play the relevant Game after joining a Contest.
No-show in a Contest
PAYMENTS AND TRANSFER OF MONETARY WINNINGS
You may pay for your Packs using any of the options available on the App including (a) through wallets you link with the App; (b) debit/credit cards; (c) Unified Payment Interface; (d) net banking; and (e) such other payment options as are made available on the App from time to time.
You understand that these payment gateways are managed solely by third party service providers and therefore your use of such payment gateways will be governed by the terms and conditions of such third party service providers. You agree that your use of a third party payment gateway is at your sole option and risk.
The value reflecting in your Remittance Portfolio, Winnings Portfolio or the value of your Winnings from a Contest may be varied by us for any reason including due to (a) change in applicable tax rates; (b) change in applicable laws; or (c) any other relevant changes that are applied across the App. The change in the value reflected in your Remittance Portfolio and/or Winnings Portfolio will only be effective after it has been notified on the App.
You may withdraw your monetary Winning in your Designated Account, subject to the following conditions:
The monetary Winnings in your Winnings Statement is more than Rs.150 (Rupees One Hundred and Fifty only);
You have completed the KYC requirements in accordance with these Terms and to our complete satisfaction;
You may withdraw a maximum of Rs.1000 (Rupees One Thousand only) per day; and
You will be responsible for payment of taxes and complying with any applicable laws in relation to any monetary Winnings earned by you.
Since the App involves real-money gaming, we, in line with industry practice and to comply with applicable laws and our internal policies, mandatorily require you to complete KYC and provide proof of identity.
When your Winnings exceed an aggregate sum of Rs.500 (Rupees Five Hundred only), you will be asked to enter your KYC details and upload necessary documents. You will be given 45 (forty-five) days from the date your Winnings exceed Rs.500 (Rupees Five Hundred only) to upload your KYC documents.
Pursuant to the completion of your KYC, you will only be able to transfer your monetary Winnings to your Designated Account for which you have completed KYC with us.
After your Winnings exceed Rs.500 (Rupees Five Hundred only), you will not be able to access any Games, claim your Winnings or carry out any other activity on the App until your KYC documents have been uploaded to our satisfaction. Failure to upload the same within the time period provided above will lead to automatic closure of your Player Profile.
Upon closure of your Player Profile because of your failure to fulfil the KYC requirements in accordance with these Terms, we will not be liable to pay the Winnings to you and you will not be entitled to make any claims against us in this regard.
Transfer of Monetary Winnings
The App may enable you to join gaming communities and groups (collectively, “Community Pages”) on third party social media platforms. Access and use of the Community Pages are subject to the Terms and other policies of such third party platforms.
You will ensure that the information provided by you is accurate, true and up to date at all times.
You undertake that should your information change at any time during your use of the App, you shall update your information to ensure it remains true, current, complete and accurate at all times.
In the event of any discrepancy with respect to any of the information submitted by you:
You will not be permitted to participate in any of the Games; and
In case you are entitled to any Winnings, you will not be eligible for being awarded such Winnings.
Further, if at any time, including after disbursement of your Winnings, any information submitted by you is found to be incorrect, false, or otherwise misrepresented or misleading, you shall be liable to refund all amounts received by you form us.
By providing us with the information, you represent and warrant that the contact number supplied by you is not part of any “do not call” registry or its equivalent, anywhere in the world and that we may use the information to send you communication, notices or alerts that are transactional, informational and promotional in nature, from time to time.
You expressly grant us the right to monitor your online activities in relation to the App including but not limited to logging of your IP address to verify your geographical location.
Furthermore, you provide your consent to us to display your name, photograph (if any), and your total score, on the App’s leadership board.
You may delete your Player Profile and uninstall the App at any time to discontinue your participation in the Contests.
We will not be liable to return the Deposits and Winnings associated with the Profile and the same will be transferred to GetMega’s account if:
You have not withdrawn all the Deposits and Winnings associated with your Player Profile within a period of 30 (thirty) days from uninstalling the App or foreclosure of the App. GetMega will periodically reach send out communications to you through the contact details registered with us, reminding you to withdraw your Deposits and Winnings, after you uninstall the App or your Player Profile is foreclosed;
You have created a Player Profile, which is not in accordance with the Terms specifically set out in 1.5; or
You have not completed your KYC as set out in 11.9 above.
We will not be liable for any claims against us made by you, your parents or guardians in this regard.
If your Player Profile is inactive for more than 30 (thirty) days, we reserve the right to terminate your Player Profile after deducting foreclosure charges of upto Rs. 800 (Rupees Eight Hundred only) (“Foreclosure Charges”) from your Winnings and Deposits.
You will be entitled to withdraw the balance Deposits and Winnings in your Player Profile within a period of 30 (thirty) days from the date of foreclosure of your Player Profile. All balance Deposits and Winnings in your Player Profile will revert to GetMega’s account in accordance with 14.3 above.
GetMega reserves the right to modify the Foreclosure Charges at any time without providing any prior notice.
It is clarified that uninstalling the App does not result in termination of your Player Profile.
We have the right to (a) suspend your access to the App and/or any of the Games; (b) terminate your Player Profile; (c) stop the refund and/or block any unused funds in the Player’s Profile; and/or (d) forfeit any Winnings as the case maybe, forthwith, at any time:
For any purpose, without notice;
If you have been or we have reasonable grounds to be believe that you have breached any of our Policies, or been convicted of an offence which involves moral turpitude or any offence under Indian laws;
If you have registered or are accessing the App from any jurisdiction (including Indian states) where playing such Games are prohibited; or
If we believe that you are indulging in unfair or irresponsible gaming.
You agree that the availability of the App and/or any of the Games and Your ability to access the App and/or any of the Games is subject to our sole discretion. You acknowledge that the App and/or any of the Games may not be available at all times.
We have the right to suspend, withdraw or cease any Contest, Game or the entire App at any time without providing any notice or being liable to you in any manner whatsoever.
Termination by you
Foreclosure owing to inactivity
Termination by us
SOME GAME SPECIFIC TERMS
In relation to Trivia Games, we have the right to decide the questions and the answer to each question to be used in the Game, in our sole discretion. We shall have the sole authority to decide the validity of any answer and do not guarantee that any questions and/or the corresponding answers will be complete or accurate in any manner. We shall not be liable for any loss incurred by you due to any incorrect questions and/or answers or any discrepancy or errors in the same.
We also have the sole discretion to decide the points, weightage attached, and time provided to respond, to each of the questions in any of the Games.
We may introduce new features in any of the Games including introducing the option to avail hints, increase or decrease time or provide other alternatives in relation to existing Games. We may also alter the format of the existing Games or introduce new Games, at our sole discretion.
We offer Games on the App for entertainment only and are committed to promoting fair play and responsible gaming.
To continue enjoying the App and the Games offered on it without such enjoyment resulting in any adverse personal, financial or social consequences, it is imperative that you play responsibly that is you minimise your indulgence or do not indulge in game-play beyond your means or for excessive periods of time.
By creating a Player Profile and playing Games on the App, you agree that you will be engage in responsible gaming by:
Understanding and acknowledging that the Games are for entertainment only and carry with them the risk of losing;
Striking a balance between the time you spend on the App playing Games and other aspects of your life such as focusing on your job or spending time with your family;
Ensuring that you play Games in a fair manner without resorting to any means of unfairness or cheating;
Playing for entertainment and not for making money;
Playing only with your own money which you can afford to lose;
Deciding in advance how much money and time you will spend playing Games on the App for a particular session and sticking to that limit regardless of your performance;
Not playing Games on the App when you are upset, tired, or depressed as it is difficult to make good decisions when you are feeling low;
Completing all your important tasks before playing Games on the App so that you can play with a free and calm mind;
Avoiding using the entire amount available in your Remittance Portfolio and Winnings Portfolio in a single session of playing; and
Taking time outs and breaks regularly regardless of your performance in the Games and especially if you have lost continuously.
MINIMUM TECHNICAL REQUIREMENTS
In order to ensure optimal use of the App, you will need to access the App on an android phone with a RAM of at least 2 GB and a 4G internet connection (“Compatible Device”). We will not be responsible for sub-optimal results because of device and internet connections.
You acknowledge that these Compatible Devices may be maintained and controlled by third party providers and therefore, platforms, software and/or devices that qualify at present as Compatible Devices may cease to be Compatible Devices in the future. Should your platform, software and/or device cease to be compatible, you agree that it is your sole responsibility to procure a Compatible Device to be able to continue using the App and we carry no liability for the same. Your use of third party Compatible Devices are governed by the terms and conditions of such third parties.
You agree that the quality of the App and/or Games may vary depending on a variety of parameters such as your location, bandwidth, Compatible Device, Internet availability and speed, etc.
The App is to be used only for their intended purpose in a bona fide manner, and is not to be misused in any manner, including for undertaking fraudulent transactions, impersonation or any such illegal activity.
You warrant that you are using the App on your own initiative and that you are responsible for compliance with any and all applicable laws in relation to your use of the App.
You shall not:
Use the App for any purpose that is unlawful or prohibited by the Terms;
Circumvent in any manner any geotagging or geographical restrictions that may be imposed on the use of the App and the playing of any of the Games;
Impose an unreasonable or disproportionately large load on our infrastructure;
Attempt to or gain unauthorized access to any portion or feature of the App including accounts, or any other systems or networks connected to the App or to any server, computer, network, or to any of the services by hacking, password “mining” or any other illegitimate means;
Directly or indirectly solicit the account information of other users or access or try to access any account which does not belong to you;
Probe, scan or test the vulnerability of the App or any network connected to the App or the Games or breach the security or authentication measures on the App or any network connected to the App;
Extract data from the App;
Attempt to circumvent the regular operation of the App, or reduce the fees or consideration that we may derive from the App by any means including by creating multiple accounts, redirecting traffic or following other fraudulent or deceptive practices or undertake any actions to undermine the integrity of the data, systems or networks used by us in the App or gain unauthorized access to such data, systems or networks;
Collect any user information through automated means, including but not limited to bots, robots, spiders and scrapers without our prior written permission;
Reproduce, duplicate, copy, sell, visit, distribute, use or otherwise exploit the App for any commercial purposes except as in accordance with the Policies;
Introduce any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
Make any statement(s) or comment(s) on the App which is/are inaccurate, false, unfair or defamatory to us or other users or which violates the legal right of others; and
Engage in any activities that would otherwise create any liability for us or our affiliates.
Further, you agree not to upload, host, display, publish, share or otherwise make available on the App any content or information that:
Belongs to another person and to which you do not have any right to;
Infringes any intellectual property rights of any third party.
You agree to be fair, accurate and non-disparaging while leaving comments, feedback, testimonials and reviews on or about the App and/or any of the Games.
The name ‘GetMega’ and all corresponding marks, logos, designs, trade dress, trademarks that we use in connection with the App are our intellectual property and cannot be used by you for any purposes not specified in these Terms.
All intellectual property in the App, Games and in the proprietary material, content and information made available on the App including the graphics, images, photographs, logos, trademarks, the appearance, organisation and layout of the App and the underlying software code belongs to us.
You must not copy, modify, alter, decompile, reverse engineer, publish, broadcast, distribute, sell or transfer (whether in whole or in part) any such material, except as expressly permitted in these Terms.
If you believe any content on the App infringes your intellectual property rights, you may notify us by contacting us on the details provided below.
BREACH OF TERMS
If you have, or we have reasonable grounds to believe that you have violated these Terms, or that your use conflicts or interferes with our reputation, interest or might subject us to unfavorable legal or regulatory action in any way, we can indefinitely suspend or terminate your access to the App at any time, and report such action to relevant authorities. We reserve the right to take recourse to all available remedies under these Terms, applicable law or equity in furtherance of the above.
You agree to defend, indemnify and hold harmless us, our affiliates, directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (i) your use of and access to the App; or (ii) Your violation of any term of these Terms; or (iii) Your violation of any third party right, including without limitation any privacy, publicity or intellectual property right; (iv) Your breach of applicable law(s); (v) any unauthorized, wrongful, unlawful or illegal use of your Player Profile by a third party with or without your consent.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU AGREE AND ACKNOWLEDGE THAT THE APP AND THE GAMES ARE PROVIDED ‘AS-IS’ WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING THOSE OF TITLE, FITNESS FOR PURPOSE AND MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE FUNCTIONING OF THE APP IS NOT ERROR FREE, UNINTERRUPTED OR FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS.
While there are no pre-set limits on your remittance to play Games on the App, you are required to use your discretion and judgment for remitting and maintaining your monetary Winnings, as reflected in the Winnings Portfolio, on the App We do not guarantee the safety and security of the amounts reflected in your Remittance Portfolio or Winnings Portfolio and these are subject to routine commercial risks.
We shall not be liable for any loss or damage or failure to comply with or delay in complying with our obligations under these Terms which is caused directly or indirectly by any event or circumstances beyond our reasonable control including due to system failure, network issues, technical snags or loss of data due to any reasons whatsoever including any of the preceding reasons, act of God, floods, epidemics, quarantine, riot or war.
In no event shall we be liable for any special, punitive, incidental, indirect or consequential damages, including but not limited to any loss of profits, revenue, business or data of any kind in connection with the App, these Terms, your inability to use the App, or your interactions with other users on the App, whether under contract, tort, or otherwise, including for negligence, even if we has been informed in advance of the possibility of such damages.
Notwithstanding any of the foregoing provisions, the aggregate liability of GetMega, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each user of the App for all claims arising from the access to, or use of, the App shall be limited to the price you have paid for the Pack in respect of which you have a claim.
The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not we have been advised of, or should have been aware of, the possibility of any such losses arising.
AVAILABILITY OF APP
We do not warrant that:
The App will be constantly available or available at all. We shall have no liability to you for any interruption or delay in access to the App or the Games played through it, irrespective of the cause;
The information on the App is complete, true, accurate or non-misleading;
The App is secure or free of viruses, Trojans or other malware; or
The contents of the App do not infringe any intellectual property rights.
The access to the App may also be occasionally suspended or restricted or certain features may be unavailable to allow for scheduled maintenance, repairs or upgrading the App at any time without prior notice.
We reserve the right to modify the App, our technology and Games offered of the App, from time to time.
We reserve the right to store and retain any and all information provided by you including the Games played, Winnings won, Player Profile details and details of the transactions conducted on the App for our business purposes as well as to comply with applicable laws.
THIRD PARTY LINKS
The App may include hyperlinks to various external websites, applications, content, or resources and may also include advertisements (“Third-Party Links”). We have no control over such Third-Party Links present on the App, which are provided by persons or companies other than us. You acknowledge and agree that we are not responsible for any collection or disclosure of your information by any external sites, applications, companies or persons thereof. The presence of any Third-Party Links on the App cannot be construed as a recommendation, endorsement or solicitation of any material or content present on such Third-Party Links, or any other material on or available through such Third-Party Links.
You further acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the collection and/or disclosure of your information through such Third-Party Links or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising or other materials on, or available through such Third-Party Links. This will include all transactions and information transmitted on such Third-Party Links between you and any third-party sites or applications or resources. All transactions undertaken by you on the Third-Party Links are strictly bipartite. We shall not be liable for any disputes arising from, or in connection with, such transactions between you and such third parties.
SEVERABILITY AND WAIVER
If any provisions of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these, which shall remain in full force and effect. No waiver of any term of these Terms shall be permitted.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and interpreted and construed in accordance with the laws of India as applicable between resident Indians. Subject to the dispute resolution term below, any disputes pertaining to the App shall be subject to the exclusive jurisdiction of the appropriate courts of Bengaluru, India.
All disputes arising from or in connection with these Terms shall be settled amicably between the parties within 30 (thirty) days, failing which it shall be referred to and finally settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996 as amended from time to time, presided over by a sole arbitrator appointed mutually appointed by the Parties failing which it shall be appointed by the High Court of Bengaluru. Judgment upon the arbitral award may be entered in any court having jurisdiction over the Parties or their assets. The arbitration proceedings shall be held at Bengaluru. The arbitration proceedings shall be conducted in the English language.
Please contact us if you have any questions or comments on the App, these Terms and any of the Policies (including all inquiries related to copyright infringement) regarding the App.
This document is an electronic record and is generated by a computer system and does not require any physical or digital signatures.