Terms and Conditions
Games Soft - General Terms and Conditions for the Gaming Service:
1.Parties and Agreement
Games Soft offers online gaming to the public on the Internet through its website www.gamessoft.in and mobile applications using Android and iPhone Marketplace (hereinafter the "Gaming Service"). The administration of the Gaming Service is located in India.
A Player is a private person, over the age of 18, who is registered and accepted as a Player of the Operator (hereinafter "Player"). In order to use the Gaming Service it is required that the Player has deposited funds intended for gaming expenses into the Operator's bank account using the payment methods made available to the Player. This agreement regulates the relationship between the Operator and the Player, when the Player is using the Gaming Service (hereinafter "Agreement"). Every time the Player logs into the Gaming Service using his/her personal codes, the Player confirms the acceptance of the terms and conditions of this Agreement, and the Operator's gaming rules. The rights and responsibilities pursuant to this Agreement may not be assigned to a third party. For instance, a Gaming Account may not be transferred from a Player to a third party
The Operator reserves the right to use subcontractors. The Operator also reserves the right to collect, update and/or verify information regarding the Player via a third party.
In the event of ambiguity between this Agreement and the Operator's gaming rules, the following order of priority shall be complied with:
1. Gaming rules;
In this Agreement the term "Gaming Event" shall mean any individual gaming event performed by the Player in the Gaming Service.
2. Registration of Player
Any natural person over 18 years of age with an a registered e-wallet or being a bank account holder in a country with which the Operator practices payment corporation may be registered as the Operator's Play. A Player residing or staying outside India is responsible for the validity of his/her use of the Gaming Service at his/her location.
The Player warrants and represents additionally that he/she:
- • Is over 18 years of age;
- • Is not restricted by limited legal capacity;
- • Is not acting on behalf of another party;
- • Is not a compulsive player;
- • Is not depositing money originating from criminal and/or other unauthorized activities into the Gaming Account;
- • Are not conducting criminal activities directly or indirectly in relation to the Operator's
2.2 Consent to registration, saving and processing of personal data
The Player gives his/her consent to the registration and the saving of his/her personal data in the Operator's online customer register. The consent includes that the Operator has the right to use the information collected on the Player for statistic calculations, marketing and marketing research carried out internally or by a subcontractor employed by the Operator. All information may also be used for prevention and investigation of misuse or problematic situations as well as to fulfil the Operator's legislative duties and duties imposed by the authorities, with regard to customers and the authorities. The Player agrees that the Operator may collect, update and verify all personal information via a third party.
2.3 Consent to sending notices by email and text message
The Player agrees that the Operator may send notices in relation to the Gaming Account to the e-mail address the Player has last registered with the Operator, and/or using text messages (SMS) to the mobile phone number that the Customer has last registered with the Operator.
2.4 Consent to receive direct marketing by e-mail
By registering with the Gaming Service, the Player agrees to receive marketing information on the Operator's products and services at the e-mail address that the Player has last registered with the Operator. The Player may unsubscribe from such marketing information at any time and at no cost by clicking on the appropriate link in the e-mail.
The Operator shall treat all personal data in accordance with law. Personal data may only be disclosed by the Operator when the Player has consented thereto, or when it is required by law, statute or rule of authority.
The Player selects his/her own Password (hereinafter "Passwords"). The Passwords come into force once the Player has accepted the Agreement and completed the registration.
The Player agrees to store the Passwords in such a manner that third parties do not learn about them. Should the Player suspect that a third party has learned the Password, the Player shall immediately inform the Operator.
In the event of this, the Operator reserves the right to temporarily freeze the Gaming Account in order to take precautionary action. The Operator shall not be liable for any losses incurred from the fact that a third party has learned of the Passwords. Should the Operator resolve to decline the registration, the Passwords shall be cancelled.
- 2.7 Games Soft will periodically send communications over email and phone about its offerings.
3. Gaming Account
3.1 Use of the Gaming Account
The Operator shall open a personal Gaming Account for each registered Player. The Gaming Account is intended for administration of the Player's gaming expenses, for refunding and payment of winnings by the Operator as well as for charging potential service fees. The Gaming Account may only be used to participate in the Gaming Service. The Operator reserves the right to limit payments into the Gaming Account at any time for reasons of security etc.
The Player may use the Gaming Account only on his/her own behalf, and payments into the account may only be made for the benefit of the customer. The Player may not allow a third party access to the Gaming Services via the Player's Gaming Account under any circumstances. Players are responsible for any activity in their Gaming Accounts. Gaming Accounts may only be used for individual use.
The Player may open only one Gaming Account within the Operator's group. The Operator shall calculate and clear all issues related to exchange rates in accordance with official exchange rates published by well-known international financial institutions at the time of the Gaming Event. There may be small deviations in the funds deposited into the Gaming Account due to fluctuations in the exchange rates.
Deposits to the player's account are made by transfer of money to the Operator account by means of the payment methods stated on the website. The Operator reserves the right to change the accepted methods of payment at its sole discretion. The Operator further reserves the right to accept certain methods of payment only subject to the fulfillment of certain conditions. The Operator does not warrant that all methods of payment are available at all times.
A deposit was considered deposited at the time the deposit is irrevocably credited to the Operator account and accrued to the relevant Player's gaming account. The minimum acceptable deposit amount is INR 50. The Operator reserves the right to amend the limit or arrange for additional and repeated examinations on deposits at its sole discretion.
To prevent money laundering activities, all account- and/or money-transactions are checked by the operator. Any suspicious account- and/or money-transactions may be reported to the relevant authorities.
3.4 Interest on Player's funds
The Operator shall not pay any interest on funds deposited in the Operator's bank account by the Player. The Operator shall not pay any interest on funds entered into the Gaming Account.
Winnings or parts thereof will be paid out upon request of the player, however, not more often than twice per month. The requested payout sum must be at least INR 100. The number of withdrawals may be increased by the operator in individual cases.
A player may be eligible to withdraw funds, only if they have deposited money on the site. A request for a payout cannot be made while a game, involving the player that makes the request, is being played.
The company fulfills payment obligations by transferring the requested amounts due to an account named by the player and registered in the name of the player or by other payment system, depending on technical availability on the website. Any transaction costs due are borne by the player.
The company reserves the right to verify the entitlement of the player and, in case of doubt, to retain the payment. To provide evidence of the entitlement, the player is required to submit to the company a written request for payment and a copy of an official and valid proof of identity (Passport, Voter ID, Pan Card, Driver's License) per mail, fax or e-mail on request of the company. An identity check is carried out in the course of the first pay out of winnings to the player, and in each case that the payout sum exceeds INR 1000. The personal data of the player owning the cash account and the owner of the bank account must correspond. The company is entitled to request further evidence identifying the player (e.g. A certified proof of identity) and verifying the named bank account prior to any out-payment and to retain the amounts until sufficient evidence has been provided.
3.6 Player's right to use the funds in the Gaming Account
Funds in the Gaming Account may be used for gaming during the opening hours of the Gaming Service, provided that the Gaming account has not been frozen, blacklisted or closed
The Player is not entitled to funds that have been obtained through cheating or other breaches of the gaming rules or the Terms and Conditions of this Agreement, criminal activities, the manipulation of the gaming system, or by any other inappropriate means. The Operator reserves the right to limit the Player's access to the Gaming Service and/or the right to withhold any funds in the Gaming Account for a time period decided by the Operator if the Operator suspect or can prove that the Player has broken the gaming rules and/or the Terms and Conditions of this Agreement, or for other reasons of security.
The Operator reserves the right to check and verify a Player's identity and title to a means of payment and entitlement to the funds before a transfer at any time.
As a result of such a check, the Operator has the right to withhold the funds in the Gaming Account and is not responsible or liable for any payment delays or other delays due to these checks. In case of suspicious behavior, the check and verification may take up to one (1) months to complete. This time period may be affected by legislation or decisions by authorities. During the time it takes to complete the process, the requested funds shall be stored as frozen funds in the Player's Gaming Account.
3.7 No pledging or currency speculation
Funds in the Gaming Account may not be pledged. The Gaming Account may not be used for currency speculation. The Operator reserves the right, when necessary, to repay the funds deposited into the Gaming Account by the Player in accordance with the exchange rate in force at the time of the deposit.
3.8 Possibility for the Player to freeze the Gaming Account
The Player may inform the Operator that he/she is to be blacklisted. Blacklisting means here that the Player wants to prohibit himself/herself from using his/her Gaming Account, and that he/she is to be prohibited from opening a new Gaming Account. The Operator shall carry out the blacklisting at the request of the Player. Notice of this shall be given in writing to the Operator's customer service.
3.10 Control over entries
The Operator shall not issue any gaming certificates or receipts regarding individual entries in the Gaming Account. The entries shall be accounted electronically in the Gaming Service. The Player agrees to check that the entries in the Gaming Account are congruent with the actions taken by the Player.
3.11 Complaints and expiration
Complaints regarding for instance erroneous payment or un-received winnings shall be made in writing and delivered to the Operator within 30 days calculated from the moment the deviation was or should have been detected. Should the Operator not have received the complaint within the said time limit, the Player shall lose his/her right to invoke the deviation. The Operator saves transaction data for up to 90 days, after which the Operator shall have the right to delete such data.
The Player shall immediately inform the Operator after having detected a failure in the closing, freezing, blacklisting, etc. of the Gaming Account, performed by the Operator or the Player. In no event shall the Operator be liable for any fees the Player has been able to place subsequent to the closing, freezing or blacklisting of the account or limitation set by the Player. The decision to become a customer and therefore the responsibility for using the Gaming Service is taken solely by the Player.
4. Limitations Regarding Gaming
The Player undertakes to always follow the applicable gaming rules for all games that are provided by the Gaming Service in addition to the Terms and Conditions of this Agreement. Any breach of the gaming rules or the Terms and Conditions of this Agreement will automatically mean that the Gaming Event is declared void and the Player will forfeit their entitlement to any winnings from any such void games. The Operator reserves the right to declare the games bid at any time during the customer relationship as a result of the Player's breach of the Terms and Conditions of this Agreement or of the rules.
If the Player discovers a bug or any other error in the system, he/she must immediately log out from the Gaming Service. The Player may never profit from a bug or error in the Gaming system. The Player shall immediately inform the Operator after having detected a bug or any other error on or in connection to the Gaming Service.
4.2 Invalid games and forbidden behavior
The Operator reserves the right to declare the Gaming Event of the Player void, entirely or partly, should it become evident that, for example: It has been offered, requested or accepted on the grounds of an error; the Player or third parties acting in cooperation with the Player jointly intend to evade the Agreement; the Player is disqualified from participating in Gaming Events in which the Player or other party acting in cooperation with the Player may directly or indirectly influence the end result; and/or the outcome of the Gaming Event has, directly or indirectly, been influenced through criminal activities.
The Player must personally perform all actions in regards to the Gaming Account and all payments to the account shall be made solely for the benefit of the Player.
Third parties may not be given access to the Gaming Service through the Player's Gaming Account.
The following behavior, amongst other things, is strictly forbidden in relation to the Gaming Service: use or attempted use, of external gaming assistance programs (EPA programs) including but not limited to, program or non-program based databases and profiles, for instance websites and subscription services created with the purpose of giving the Player an unfair advantage.
By unfair advantage we mean a situation in which a Player has access to or complies information on other Players that the Player has not observed during his/her own use of the Gaming Service; use or attempted use, of artificial intelligence or software that will play on behalf of the Player or direct the Player on how to play, e.g. so-called "robots"; collusion or attempted collusion by exchanging information on hidden cards or other means, irrespective of the outcome of such an attempt. The Operator reserves the right, in addition to other measures, to prevent using the Gaming Service and/or ban the player from playing at a particular table or tournament, including the right not to allow two or more players to play at the same table or in the same tournament together; any attempt to change, modify, break down, reverse engineer or in any other way attempt to ascertain how the program is built; and/or any other fraudulent conduct or attempted fraudulent conduct, according to the Operator, irrespective of the outcome of such an attempt, including but not limited to examples of illegal, dishonest or inappropriate behaviour during use of the Gaming Service.
Measures include the above measures for other types of gaming manipulation or illegal payment, including but not limited to the use of stolen account or credit cards, illegal credit, repayment or money laundering.
The Player agrees that the Operator may take measures themselves or via a third party supplier to discover and/or prevent collusion, use of prohibited EPA programs, robots, chip-dumping and any other fraudulent or improper behaviour. The Player or any person who intends to register with the Gaming Service is responsible at all times for ensuring the legality of using or registering for the Gaming Service in the country or region where the Player is located.
4.4 No Refund
If game ends because player refreshes browser or clicks on back button or due to network failure or any other computer related issue the game will be considered as completed and no refund will be given.
4.5 Limited areas
The Player has the responsibility to ensure that the Player complies with all laws in any jurisdiction that apply to the Operator. If the Player lives in a state with India or other countries where the Gaming service is prohibited the Player must neither register nor attempt to use the Gaming Service.
4.6 Illegal behavior
The Operator has a zero tolerance policy for illegal behavior and can, should this occur, or there is a reasonable suspicion of it occurring, terminate the Customer Relationship and the Gaming Account immediately and will cooperate with the authorities if there are grounds to do so
5. Opening Hours
The Gaming Service is open to gaming activities during the hours determined by the Operator. The opening hours shall be announced in the Gaming Service. The aforesaid also applies to the Operator's customer service and other office functions.
7. Winnings and Payment of Winnings
The winnings as well as potential repayment of gaming expenses are automatically entered in the Gaming Account of the Player. A Player can request a transfer from the Gaming Account to a specified bank account or to an e-wallet provided that the Operator is able to use the payment method. The winnings shall be paid to the Gaming Account as soon as possible after the game has ended or the results have been confirmed.
The Operator is not responsible for any damages that could occur as a direct or indirect result of a delay or inability to complete payment of the winnings.
Winnings cannot be exchanged or cashed in for another prize. The Player is solely responsible for any taxes and fees which may arise in connection with a win. The Operator is in no way responsible for any consequences of the Player's transfer of winnings or any other action taken in connection with the win.
Players requiring information on tax or legal issues are recommended to contact an advisor or the authorities in the country where the Player resides.
For any withdrawal request of winnings from bonus or free entry tournament player should have deposited and bet equal to his/her withdrawal request.
8. No Representations of Warranties
The Player, not limiting his/her statutory rights, expressly acknowledges and agrees to the following:
The Player uses the Gaming Service at his or her own risk. The Gaming Service is provided "as is." The Operator expressly disclaims all express or implied representations or warranties.
All gaming activities are undertaken at the Player's own risk
Certain delays can occur in the Operator's system/network. The Operator reserves the right to set the result of each Gaming Event in the Gaming Service. By registering as a Player and using the Gaming Service, the Player is bound by such decisions.
The Operator does not guarantee, amongst other things:
- • That the Gaming Service will meet the Player's expectations;
- • That the Gaming Service will be accessible without interruption or in a timely, reliable or fault-free manner;
- • That the results obtained through use of the Gaming Service will be correct and reliable;
- • That the quality of the products, services, information or other material purchased or obtained by the Player through the Gaming Service will meet the Player's expectations.
The Player shall be solely responsible for damages to his or her data system or for loss of data arising from downloads of content from the Gaming Service.
No guidance or information, written or oral, obtained from the Operator or via the Gaming Service, shall constitute any warranty, which has not specifically been stated in these terms and conditions.
9. Limitation of Liability
The Player specifically acknowledges and agrees that in no event shall the Operator be liable for any direct or indirect damage, including but not limited to, delay, damages caused by unused opportunity of the Gaming Service, loss of profits, goodwill, licenses of data or other financial loss arising out of: the use of the Gaming Service or inability to use the Gaming Service; costs arisen from acquiring a replacement of any product or service that is based on any item, data, information or service purchased through the Gaming Service, from any message received through the Gaming Service or any transactions made by means of the Gaming Service; third party claims against the Player; unlawful access to or modifications of data transmissions; or any other circumstances related to the Gaming Service.
The Operator exempts itself from any claims for damages relating to the Gaming Service's access, function, quality, possible errors such as spelling errors, bugs and other factors relating to the Gaming Service.
10. Force Majeure
The Operator shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting the Operator and unreasonably complicating the Operator's activities (force majeure). Examples of force majeure events are real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident and defect in electricity or telecommunication network. Force majeure or other event beyond the Operator's control hindering, delaying or complicating the maintenance of the Gaming Service entitles the Operator to suspend or limit the Gaming Service until further notice.
11. Amendments to the Gaming Service, Gaming Rules or Agreement Terms
The Operator reserves the right to make amendments to the Gaming Service as well as, when necessary, to amend the gaming rules without prior notice to the Player. Information on any amendment shall be given in the Gaming Service. The Operator reserves the right to amend the terms of this Agreement at any time. Should the Operator introduce an Agreement term that increases the responsibilities of the Player or decreases his/her rights and is not based on laws, regulations or rulings of authorities, the Player shall be informed thereof by a notice published on the Gaming Service or by a notice sent to the Player's mail box in the Gaming Service or to the e-mail address the Player has last registered with the Operator.
Should the Player not approve the new term of the Agreement, the Player shall serve a written notice of termination of Agreement prior to the application of the new Agreement term has begun. Otherwise the new term is binding to the Player.
12. Player's Right to Close the Gaming Account
The Player may terminate the Gaming Account with the Operator by serving a written notice of termination of the Agreement. Before terminating the account, the Operator shall wait until the end results of any open Gaming Events have been received. Upon termination the Operator shall close the Gaming Account of the Player, from where the funds in the Gaming Account that the Player is entitled to shall, at the request of the Player, be transferred to the bank account or e-wallet the Player supplies to the Operator. If the Player does not contact the Operator within one (1) years of the expiration of the Gaming Account, the Player's entitlement to the funds remaining in the Gaming Account will lapse.
13. The Operator's Right to Freeze, Blacklist or Terminate the Gaming Account
- • The Operator retains the right to freeze, blacklist and/or terminate the Gaming Account immediately and without any prior notice or giving any reason to the Player in the following situations:
- • The Player has breached the Agreement or gaming rules;
- • The Player has, according to the Operator, unsuitable or forbidden equipment in relation to use of the Gaming Service;
- • The Operator has reason to impugn the Player's right to use the Gaming Account;
- • The Operator has reason to suspect a crime, misuse, fraud, or attempt of such in relation to use of the Gaming Service;
- • No transactions have been registered for the Gaming Account for a period of 12 months;
- • The Operator is forced to do so pursuant to legislation or ruling of authority; and/or
- • The Operator considers it to be necessary, for example, for safety reasons or due to the Operator's reputation, etc. Freezing can occur in relation to the entire Gaming Service, or be limited to certain games or services provided.
- • The Operator retains the right to retain funds in the Gaming Account and/or reclaim funds that have been acquired through cheating or other breaches of the gaming rules or the Terms and Conditions of this Agreement, criminal conduct, manipulation of the Gaming Service or any other inappropriate manner including attempts at such conduct or suspicion thereof.
Players whose Gaming Accounts have been frozen, or whose Customer Relationship has been ended on the basis of the reasons given above, or if the Operator otherwise finds it necessary, will not be entitled to participate in the Operator's physical gaming tournaments, or any of the Operator's other events.
14. Intellectual Property Rights
The content of the Operator's Gaming Service is protected by Indian and international copyright acts and treaties. All reproduction or distribution of any material on the Operator's Gaming Service, including but not limited to text, photographs, movies, music and software programs is strictly prohibited, unless explicitly stated otherwise. The Operator reserves any and all rights not expressly granted herein.
The Operator's trade name and logotype and all related trademarks, product and/or service names and slogans used in the Gaming Service are the property of the Operator and may not be used in any way without the prior written approval of the Operator. The Player's use of the Gaming Service shall not be construed as granting any license or right to use any trademarks or names appearing on the Operator's website or in connection with the Gaming Service without the prior written consent of the Operator or proper third party.
15. Term of the Agreement
This Agreement is valid until further notice.
16. Applicable Law and Jurisdiction
The terms of service shall be governed by the laws of India.
You agree that the Gaming Operator is deemed to be solely based in India, and nothing shall give rise to personal jurisdiction over us in jurisdictions other than Andhra Pradesh, India and you shall not raise any claims against us in any court/s or forum in any jurisdiction other than India.
Any claim or dispute between the player and Gaming Operator will be entertained and tried solely and exclusively by a court of competent jurisdiction located in Vizag , Andhra Pradesh, India and no other place whatsoever.
17. Legal Aspects
Games Soft only offers cash tournaments in games of skills.
Participating in games of skill competitions for cash prizes is LEGAL in all states of India except Assam, Odisha and Telangana.
Under Indian Laws gambling is different from Skill Games. Gambling or gaming has been defined by the Supreme Court in 1996 as betting and wagering on games of chance only.
The Supreme Court in this judgment specifically excludes games of skill, irrespective of whether they play for money or not, from the definition of gambling. The exact quote from the 1996 judgment is as follows:
"The expression ‘gaming’ in the two Acts has to be interpreted in the light of the law laid-down by this Court in the two 1957 cases, wherein it has been authoritatively held that a competition which substantially depends on skill is not gambling. Gaming is the act or practice of gambling on a game of chance. It is staking on chance where chance is the controlling factor. ‘Gaming’ in the two Acts would, therefore, mean wagering or betting on games of chance. It would not include games of skill like horse racing”.
Further the Public Gambling Act, which is the central law on gambling and most subsequent state laws on the subject substantially state that “nothing in this Act shall apply to games of mere skill wherever played”.
Supreme Court of India in 1996 defined a game of mere skill as follows:
(1) The competitions where success depends on substantial degree of skill are not "gambling".
(2) Despite there being an element of chance if a game is preponderantly a game of skill it would nevertheless be a game of "mere skill".