) and any other policies incorporated by reference or issued from time to time (including any amendments, modifications or changes thereto) are considered integral part of these terms and conditions and are incorporated herein (the “T&Cs”).
The Platform offers online gaming challenges, competitions and tournaments developed by third-party game developers to interested users, subject to the T&Cs. You hereby agree, understand and acknowledge that You shall be bound by the terms contained in the Agreement, and use and access of the Platform and playing Games shall be subject to the Agreement.
This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”) of India, or any other prevailing law, the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the IT Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. ONMO PLATFORM
‘ONMO ‘is a brand of Onmobile Global Limited (“ONMO
” or “us
” “or “we
”), and through the ONMO Platform, it offers a catalogue of online games to individual users, including arcade games, tile-matching games, racing games along with specifically licensed battle royale games, first person shooting games and virtual sport games (“Games
2. USAGE OF ONMO PLATFORM
- Users must be persons who can form legally binding contracts under the Indian Contract Act, 1872 (“Contract Act”). Persons who are “incompetent to contract” within the meaning of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the Platform. Users must be 18 years of age or older or persons of legal age under the applicable laws of the relevant country from where the User is accessing the Platform, whichever is higher, to register or visit or use the Platform or the ONMO Services in any manner. By registering for, visiting the Platform or using the Services, You hereby represent and warrant to ONMO that You are 18 years of age or older, and that You have the right, authority and capacity to use the ONMO Services, and agree to abide by the Agreement. If a User is below 18 years of age, it is assumed that he/she is accessing, browsing and/or using the Platform under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this T&Cs on behalf of the minor User. Should ONMO be made aware that a User is under the age of 18 and is accessing, browsing and/or using the Platform without the supervision of his/her parent or legal guardian, ONMO reserves the right to deactivate such User’s account without further notice.
- The T&Cs are governed by the provisions of Indian law, including, but not limited to:
- the Contract Act;
- IT Act, 2000;
- the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”); and
- the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”).
- Any person accessing the Platform(each such person referred to as the “User” or “You”) for participating in the Games, available on the ONMO Platform shall be bound by these T&Cs referred to or provided herein in relation to any services rendered for providing / offering the Games on the Platform (“ONMO Services”), including any changes made to the same from time to time.
- ONMO shall be entitled to modify these T&Cs, at any time, by posting the same on ONMO Platform. Use of ONMO constitutes the User’s acceptance of such T&Cs, as may be amended from time to time. ONMO may, at its sole discretion, also notify the User of any change or modification in these T&Cs referred to herein or provided by ONMO, by way of sending an email to the User’s registered email address or posting notifications in the User accounts on the ONMO Platform.
- If the User does not agree with these T&Cs, such User is urged to not use the ONMO Services in any form or manner. Any use of the ONMO Platform by the User will be deemed to be an acceptance of the T&Cs.
- Certain ONMO Services being provided on the Platform may be subject to additional rules and regulations set down in that respect. To the extent that these T&Cs are inconsistent with the additional conditions set down, the additional conditions shall prevail.
- ONMO may, at its sole and absolute discretion, and in conjunction with paragraph #2.5 below:
- Restrict, suspend, or terminate any User’s access to all or any part of ONMO Platform;
- Change, suspend, or discontinue all or any part of the ONMO Services;
- Reject, move, or remove any material that may be submitted by a User;
- Move or remove any content that is available on ONMO Platform;
- Decline to accept or limit deposits (including Bitcoins) without any explanation whatsoever;
- Deactivate or delete a User’s account and all related information and files on the account;
- Establish general practices and limits concerning use of ONMO Platform;
- Offer discounts to its users in a form it deems fit, in accordance with applicable laws (“Bonus”). All such discounts shall be credited in a separate account called as Bonus Account.
- Assign its rights and liabilities to all User accounts hereunder to any entity (post intimation of such assignment shall be sent to all Users to their registered email ids).
- In the event any User breaches, or ONMO reasonably believes that such User has breached these T&Cs, or has illegally or improperly used ONMO Platform or the ONMO Services, ONMO may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User’s access to all or any part of ONMO Services or the ONMO Platform, deactivate or delete the User’s account and all related information on the account, delete any content posted by the User on ONMO and further, take technical and legal steps as it deems necessary.
- If ONMO charges its Users a platform fee in respect of any ONMO Services, ONMO shall, without delay, repay such platform fee in the event of suspension or removal of the User’s account or ONMO Services on account of any negligence or deficiency on the part of ONMO, but not if such suspension or removal is effected due to:
- any breach or inadequate performance by the User of any of these T&Cs; or
- any circumstances beyond the reasonable control of ONMO.
- Users hereby expressly consent to receiving communications such as announcements, administrative messages and advertisements from ONMO or any of its partners, licensors or associates.
3. INTELLECTUAL PROPERTY
- ONMO includes a combination of content created by ONMO, its partners, affiliates, licensors, third party developers, associates and/or Users. The intellectual property rights including (but not limited to) games, contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, trade names, trade dresses, trade-marks, designs, visual representations, images and human likenesses, audio or video clippings and animations (“Intellectual Property Rights“) in all software underlying the Games, ONMO Services and the ONMO Platform and any material published on ONMO, is either (a) owned by ONMO, its partners, licensors and/or associates or (b) has been duly licensed by ONMO so as to permit its intended use as part of the ONMO Services. Users may not use (externally, outside the ONMO Platform), modify, alter, copy, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the Intellectual Property Rights of ONMO either in whole or in part without express written approval from ONMO.
- Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on ONMO (“Users’ Content“). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User’s Content and that no part of the User’s Content infringes any third party rights. Users further confirm and undertake to not display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on ONMO Platform. Users agree to indemnify and hold harmless ONMO, its directors, employees, affiliates and assigns against all costs, including Player’s use/deposit of cryptocurrency including Bitcoins damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on ONMO, by such User, directly or indirectly or through the User’s commissions or omissions.
- Users hereby grant to ONMO and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users’ Content for any of the following purposes:
- displaying Users’ Content on ONMO Platform;
- distributing Users’ Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it;
- storing Users’ Content in a remote database accessible by end users, for a charge; and/or
- distribution and the storage of Users’ Content in any form, medium, or technology.
- All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the ONMO Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to ONMO.
4. THIRD PARTY CONTENT, SERVICES AND PRODUCTS
- ONMO Platform may contain links to other internet sites owned and operated by third parties. Users’ use of each of those sites is subject to the conditions, if any, posted by the sites. ONMO does not exercise control over any other internet sites apart from the ONMO Platform and cannot be held responsible for any content residing in any third-party internet site. ONMO Platform’s inclusion of third-party content or links to third-party internet sites is not an endorsement by ONMO of such third-parties including their internet sites or any other representation available to the User.
- Users’ correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users’ correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that ONMO will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
- The ONMO Platform may contain content that is created by ONMO as well as content provided by third parties. ONMO does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not rely upon by the Users in utilizing the ONMO Services.
6. USER CONDUCT
- You hereby agree to abide by these T&Cs. In the event a User does not abide by these T&Cs, ONMO may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
- restricting, suspending, or terminating any User’s access to all or any part of ONMO Services;
- deactivating or deleting a User’s account and all related information and files on the account. Any amount (including Bitcoins) remaining unused in the User’s Deposit Account or Winnings Account on the date of deactivation or deletion shall be transferred to the User’s bank account on record with ONMO subject to a processing fee (if any) applicable on such transfers as set out herein. We are not a financial institution, and, although your cryptocurrencies are stored safely, we discourage long-term storage and recommend downloading your own desktop wallet for storing your funds; or
- refraining from awarding any winnings to such User.
- Users hereby agrees and expressly consents to provide true, accurate, current and complete information at the time of registration and at all other times (as required by ONMO) and any actions taken by ONMO in furtherance of and based on such information shall not be challenged by such Users. Users further agree to update and keep updated their registration information.
- A User shall not register or operate more than one User account with ONMO.
- Users agree to ensure that they can receive all communication from ONMO by marking e-mails or sending SMSs from ONMO as part of their ‘safe senders’ list. ONMO shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User’s junk or spam folder.
- Any password issued by ONMO to a User may not be revealed to anyone else. Users may not use anyone else’s password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify ONMO of any unauthorized use of their passwords or accounts or any other breach of security.
- Users agree to exit/log-out of their accounts at the end of each session. ONMO shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
- Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to rig, modify or interfere with Games, ONMO Services and/or ONMO Platform experience or assist in such activity. If any user is found to be involved in such activities, then his/her account may be blacklisted with an immediate effect, without any explanation, whatsoever.
- Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying Games, ONMO Platform or ONMO’s Services.
- Users agree that without ONMO’s express written consent, they shall not modify or cause to be modified any files or software that are part of ONMO’s Services or Platform.
- Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support Games, ONMO Platform or the ONMO’s Services (each a “Server“); or (2) the enjoyment of ONMO Services by any other User or person.
- Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt ONMO Services or any other person’s use or enjoyment of ONMO Services.
- Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to ONMO Services by any means other than the User interface provided by ONMO Platform, 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 underlies or is part of ONMO Services.
- Without limiting the foregoing, Users agree not to use ONMO Platform for any of the following:
- To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
- To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
- To publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit“) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, ONMO Platform or Services, any software, hardware, or telecommunications equipment;
- To advertise, offer or sell any goods or services for any commercial purpose on ONMO Platform without the express written consent of ONMO;
- To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
- To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- To restrict or inhibit any other user from using and enjoying any public area within our sites;
- To collect or store personal information about other Users;
- To interfere with or disrupt ONMO Platform or Services, the Servers, or networks;
- To impersonate any person or entity, including, but not limited to, a representative of ONMO, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
- To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through ONMO Platform or to manipulate User’s presence on ONMO Platform;
- To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums“) only to send and receive messages and material that are proper and related to that particular Forum.
- If a User chooses a username that, in ONMO’s considered opinion is obscene, indecent, abusive or that might subject ONMO to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, ONMO reserves the right, without prior notice to the User, to restrict usage of such names, which in ONMO’s opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and posts from ONMO, deny such User access to ONMO, or any combination of these options.
- Unauthorized access to ONMO Platform is a breach of these T&Cs. Users agree not to access ONMO Platform by any means other than through the interface that is provided by ONMO for using or accessing ONMO Platform. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
- Use of ONMO Platform is subject to existing laws and legal processes of the Republic of India. Nothing contained in these T&Cs shall limit ONMO’s right to comply with governmental, court, and law-enforcement requests or requirements relating to Users’ use of ONMO Platform.
- Any issues related to Battles/Scores etc. to be taken up within Forty-Eight (48) hours of winner declaration for the concerned Game.
- Persons below the age of eighteen (18) years are not allowed to participate on any of the contests, games (by whatever name called) on the ONMO Platform. The Users will have to disclose their real age at the time of getting access into the ONMO Platform.
- ONMO may not be held responsible for any content contributed by Users on the ONMO Platform.
- In relation to deposits and withdraws of funds into and from your Member Account, you shall only use Bitcoin that are legal, as determined by any laws which are applicable to you / your jurisdiction, valid and lawfully belong to you;
- You understand that the value of Bitcoin is volatile and can change dramatically depending on the market value/conditions;
- You understand that Bitcoin is not considered a legal currency or tender and as such on the Website they are treated as virtual funds purely for the purposes of playing / accessing the Games and have no intrinsic value;
- By the use of Bitcoins on the Website for accessing / playing the Games, you hereby confirm that Bitcoins are legal as per the laws applicable to you or your jurisdiction, and that you have legal and valid ownership and right to such Bitcoins and are not restricted under any law or contract to use such Bitcoins on the Website for the purposes of the Games.
- 1.19. The Company is not responsible for any loss or damages in relation to the access of usage of the Website or Games and the User takes full responsibility with complete knowledge of any risk of loss or damages caused due to interruption of services, use / access to Website or Games for any reasons.
- You affirm that you own and operate a legal, valid and legitimate crypto wallet / account / system on an exchange which you intend use to deposit cryptocurrency including Bitcoins in the Account on the Website; and that you comply with all terms and conditions of such exchange.
Prior to registration on Website, you will be solely responsible to ensure compliance with the laws, rules and regulations of the jurisdiction from where you may be accessing the Website or Games, including the legality of cryptocurrencies, its use, transfer, etc. in your country / state or such other area where the access / use of cryptocurrencies including Bitcoins, etc, the Website or the Games is prohibited by local / jurisdictional laws.
- If you are a resident of a country / state / area which prohibits the Website, Games or cryptocurrencies (including its use, transfer, etc), or a resident of Australia, Aruba, Belgium, Bonaire, China, Colombia, Curacao, Cyprus, Czechia, Dutch Caribbean Islands, Estonia, France, Greece, Hungary, Hong Kong, Iran, Ireland, Israel, Italy, Malta, Mexico, Netherlands, Niger, Nigeria, North Korea, Romania, Saba, Sint Eustatius, Sint Maarten, Slovakia, Slovenia, South Africa, Spain, Syria, Turkey, The Netherlands, United States, United States Territories, United Kingdom – you hereby agree and unconditionally agree to take steps for registration at your own cost risks and consequences and will insulate and indemnify the Web site against any claim or liability in such regard.
- It is your responsibility to know whether the registration or use of a personal account opened by you on the Website (hereinafter the “Account”) is allowed within your jurisdiction. We are under no obligation to refund any funds you may have wagered or won through an account which is restricted / prohibited in your jurisdiction.
- We reserve the sole and exclusive right to prohibit persons from any jurisdiction from opening an Account with us.
7. CONDITIONS FOR PARTICIPATION
- By entering a Game, User agrees to be bound by these T&Cs and the decisions of ONMO. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user from a Game, refuse to award benefits or winnings and require the return of any winnings, if the user engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Game or is in any way detrimental to other Users which includes, but is not limited to:
- Falsifying ones own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by ONMO to enter a Game and/or claim any winning;
- Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Game or claim any winnings. It is expressly clarified that the onus to prove otherwise shall solely lie on the user;
- Colluding with any other user(s) or engaging in any type of syndicate play;
- Any violation of Game rules or the T&Cs;
- Accumulating points or winnings through unauthorized methods such as automated bots, or other automated means;
- Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose
- Any type of misuse, misuse of the Invite Friends feature, or misuse of any other offers or promotions;
- Tampering with the administration of a Game or trying to in any way tamper with the computer programs or any security measure associated with a Game;
- Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (Spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to Users, sending unwarranted email content either to selected Users or in bulk); or
- Abusing the Platform in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of Abuse)
- It is clarified that in case a User is found to be in violation of these T&Cs, ONMO reserves its right to initiate appropriate civil/criminal remedies as it may be advised other than forfeiture and/or recovery of winnings money/cryptocurrencies if any.
- You certify that the funds (including Bitcoins) you deposit on the website are not from any illegal source or are the proceeds of crime.
- You agree that ONMO does not accept third party deposits, or deposits from third party accounts / wallets, i.e., of a friend, relative, child, partner, husband, or wife or any other such third party / person. You must deposit any and all funds from an account/system/wallet that is registered to you / under your name.
- The minimum deposit amount for each deposit transaction is 0.00002 Bitcoin or its equivalent in any other cryptocurrency. Lower amounts will not be credited to your Account.
- You agree that we reserve the right to request proof of payments to the Account at any moment.
- In some cases, the first withdrawal on a user’s account has to be manually confirmed. The Website reserves the right to do this and as a result, those withdrawals can take up to a couple of hours or more time subject to any congestions or other issues.
- Any applicable taxes in relation to your winnings shall be your sole responsibility to pay with the relevant authorities.
- ONMO only offers cash/ cryptocurrency tournaments in games of skills. ONMO does not support, endorse or offer to Players ‘games of chance’ for money/cryptocurrencies.
8. ELIGIBILITY FOR CASH/ CRYPTOCURRENCY GAMES
- The Cash / Cryptocurrency Game(s) are open only to persons above the age of 18 years.
- The Cash/ Cryptocurrency Prize or Features to be awarded by the Organizers are restricted only to Indian states where it is not prevented by any rules and regulations applicable by the Central/state government.
- Persons who wish to participate must have a valid email address.
- Only those Users who have successfully registered on the ONMO in accordance with the procedure outlined above shall be eligible to participate in the Games and any winnings.
Currently, only arcade games, tile-matching games, racing games along with specifically licensed battle royal games, first person shooting games and virtual sport games are made available on ONMO Platform. Registered Users who are participating in a Game shall be referred to as “Participants
”. The detailed terms and conditions along with the rules and points system of the Games can be accessed here – https://www.onmo.com/terms-conditions/
- In order to register for the Game(s), Participants will be required to accurately provide the following information:
- G-mail id, or
- Facebook login, or
- Mobile Number.
- Participants are also required to confirm that they have read, and shall abide by, these T&Cs.
- Once the Participants have entered the above information, and clicked on the ‘register’ tab, and such Participants are above the age of 18 years, Participants enter platform and can start playing basis the format of his/her choice.
11. CONTACTING USERS/PLAYERS
- If during the participation of any winnings, it is discovered that the users/players have not abided by these T&Cs, and other rules and regulations in relation to the use of the Platform, Game Rules, etc.
- The decision of ONMO with respect to the awarding of winnings shall be final, binding and non-contestable.
- Participants playing the paid formats of the Game(s) confirm that they are residents of any of the following states i.e. Bombay (India), Stockholm (Sweden) and Montreal (Canada). If it is found that a Participant playing the paid formats of the Game(s) are not resident of any of the abovementioned states, ONMO shall disqualify such Participant.
- Further ONMO may, at its sole and absolute discretion, suspend or terminate such Participant’s account with ONMO Platform if the participants do not abide by these T&Cs.
- If it is found that a Participant playing the paid formats of the Game(s) is under the age of eighteen (18), ONMO shall be entitled, at its sole and absolute discretion, to disqualify such Participant and cancel his/her account with immediate effect. Further, ONMO may, at its sole and absolute discretion, suspend or terminate such Participant’s account.
- ONMO may, at its sole and absolute discretion, vary or modify the winning amount the amount before the gameplay being offered to player/user. Participants shall not raise any claim against ONMO or question its right to modify such offerings/ winning, prior to closure of the Game.
- All winnings are non-transferable and non-refundable. Winnings cannot be exchanged / redeemed for cash/ cryptocurrency or kind.
Acceptance of any winnings by the player/user constitutes permission for ONMO, and its affiliates to use the winner’s name, images, photographic representations, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and promotion without any further permissions or consents and / or additional compensation whatsoever.
The player/user further undertake that they may be contacted for promotional purposes by ONMO for carrying out certain promotional activities. The exact dates remain at the sole discretion of ONMO. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions and the player/user may participate in such activities at their own discretion.
13. PAYMENT TERMS
Details of fees and payments in relation to the Games and Platform Services can be accessed here – https://www.onmo.com/terms-conditions/
14. GAMES OF SKILL AND LEGALITY
- The Games offered as part of the ONMO Services on the ONMO Platform are games of skill, as success of Participants depends primarily on their superior knowledge, skill and judgment.
- The playing of Games is purely determined by the User’s skill and there is no intervention from the Platform in determining the outcome of the Game. Users must apply and utilise significant knowledge and skill and invest time and effort to win a Game.
- By participating in this Game(s), each Participant expressly acknowledges and agrees that he/she is participating in a game of skill.
15. UNLAWFUL OR PROHIBITED USE
You warrant to ONMO that You will comply with all applicable laws, statutes, ordinances, regulations and treaties regarding the use of the ONMO Platform, the ONMO Services and any other related activities. You further warrant that You will not use the ONMO Platform in any way prohibited by terms contained in the T&Cs or under applicable law.
You warrant that you will comply with jurisdictional applicable laws and regulations in relation to the use of cryptocurrencies, including Bitcoins.
You acknowledge/represent and ratify that you are the sole and exclusive owner of the cryptocurrencies including Bitcoins used / deposited in the Account on the Website.
You acknowledge/represent and ratify that Cryptocurrencies including Bitcoins are volatile and are subject to market conditions and there is a risk of losing cryptocurrency when using the Website and/or services and/or playing Games and that ONMO has no responsibility to you for any such loss;
You acknowledge/represent and ratify that you will remain solely responsible for any applicable taxes which may be payable on cryptocurrency including Bitcoins awarded to you through your usage of the Website and/or services.
You are solely responsible and liable to declare, bear and pay all taxes, duties, imposts, levies, tariffs and surcharges that might be imposed by the laws and regulations of any jurisdiction as a result of or in connection with the use of services or website including in relation to the use / deposit / winnings of cryptocurrencies including Bitcoins.
You acknowledge that ONMO is not giving any advice regarding tax issues and is not responsible for determining any tax implications connected with its Website or Services. including usage of cryptocurrencies. ONMO makes no representation as to the tax implication of any jurisdiction. You shall be solely liable for all such penalties, claims, fines, punishments, liabilities or otherwise arising from his/her underpayment, undue payment or belated payment of any applicable tax.
16. GENERAL CONDITIONS
- If it comes to the notice of ONMO that any governmental, statutory or regulatory compliances or approvals are required for conducting any Game(s) or if it comes to the notice of ONMO that conduct of any such Game(s) is prohibited, then ONMO shall withdraw and / or cancel such Game(s) without prior notice to any Participants or player/user of any Game(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Game in any manner.
17. DISPUTE RESOLUTION
- The courts of competent jurisdiction at Bengaluru shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the ONMO Services provided by ONMO Platform (including the Game(s)), the construction, validity, interpretation and enforceability of these T&Cs, or the rights and obligations of the User(s) (including Participants) or ONMO, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
- In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification (“Notification“) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within thirty (30) days of receipt of Notification, the dispute shall be settled by arbitration.
- The place of arbitration shall be Bengaluru, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
- The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
- Nothing contained in these T&Cs shall prevent ONMO from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard ONMO’s interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of ONMO to pursue any remedy for monetary damages through the arbitration described herein.
18. RELEASE AND LIMITATION OF LIABILITY
- Users shall access the ONMO Services provided on ONMO Platform voluntarily and at their own risk. ONMO shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the ONMO Services (including participation in the Game(s)) or as a result of acceptance of any winnings.
- By entering the contests and accessing the ONMO Services provided therein, Users hereby release from and agree to indemnify ONMO, and/ or any of its directors, employees, representatives, agents, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the ONMO Services / ONMO Platform including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
- ONMO accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the winnings.
- Users shall be solely responsible for any consequences which may arise due to their access of ONMO Services / ONMO Platform by conducting an illegal act or due to non-conformity with these T&Cs and other rules and regulations in relation to ONMO Services, including provision of incorrect details / information. Users also undertake to indemnify ONMO and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss / damage suffered by ONMO on account of such act on the part of the Users.
- Users shall indemnify, defend, and hold ONMO harmless from any third party / entity / organization claims arising from or related to such User’s engagement with the ONMO Platform or participation in any Game. In no event shall ONMO be liable to any User for acts or omissions arising out of or related to User’s engagement with the ONMO Platform or his/her participation in any Game(s). Any claims made by any third party due to, or arising out of, or in connection with a User’s use of the Website, a Player’s participation in a Game on the Website, Player’s use / deposit of cryptocurrency including Bitcoins, or a Player’s winning / claiming the reward of such Game.
- In consideration of ONMO allowing Users to access the ONMO Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against ONMO, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown or whether anticipated or unanticipated) arising out of the provision of ONMO Services or related to the Games or the winnings of the Games.
- To the extent permitted under law, neither ONMO nor its parent / holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
- To the extent permitted under law, ONMO shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, ONMO Services or sites, cancellation of competition and winnings. ONMO disclaims any responsibility for, and if a User pays for access to one of the ONMO Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by downtime / errors / technical issues on the servers or the technology that underlies our sites, failures of ONMO’s service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, ONMO does not provide any warranty as to the content on the ONMO Platform. ONMO Platform content is distributed on an ‘as is’ basis.
- Any material accessed, downloaded or otherwise obtained through ONMO Platform is done at the User’s discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User’s computer system or loss of data that results from a User’s download of any such material.
- ONMO shall make best endeavours to ensure that the ONMO Platform is error-free and secure, however, neither ONMO nor any of its partners, licensors or associates makes any warranty that:
- the ONMO Platform / Services will meet Users’ requirements;
- ONMO Platform / Services will be uninterrupted, timely, secure, or error free;
- the results that may be obtained from the use of ONMO Platform / Services will be accurate or reliable; and
- the quality of any products, ONMO Services, information, or other material that Users purchase or obtain through ONMO Platform will meet Users’ expectations.
- In case ONMO discovers any error, including any error in the determination of winners or in the transfer of amounts to a User’s account, ONMO reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User’s account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, ONMO agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
- To the extent permitted under law, neither ONMO nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
- Any ONMO Services, events or Game(s) being hosted or provided, or intended to be hosted on ONMO Platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant ONMO Services, events or Game(s) are hosted or provided.
- To the extent permitted under law, in the event of suspension or closure of any ONMO Services, events or Games, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
20. GRIEVANCE OFFICER
In accordance with the provisions of the SPI Rules, any grievances which You may have with respect to the information shared by You with ONMO hereunder and its treatment, may be directed by You to the grievance officer of ONMO at the below mentioned coordinates:
: ONMO Grievance Officer
: OnMobile Global Limited
E City, Tower-1, No. 94/1C & 94/2
Veerasandra Village Attibele, Hobli
Anekal Taluk, Electronic City Phase-1
Bangalore 560 100, Karnataka
- ONMO may be required under certain legislations, to notify User(s) of certain events. User(s) hereby acknowledge and consent that such notices will be effective, subject to applicable laws, upon ONMO posting them on the ONMO Platform or delivering them to the User. ONMO can reach out to Participants through email/ mobile number mentioned during the registration process.
- Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the ONMO Platform or these T&Cs must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.
- ONMO reserves the right to moderate, restrict or ban the use of the ONMO Platform, specifically to any User, or generally, in accordance with ONMO’s policy/policies from time to time, at its sole and absolute discretion and without any notice.
- ONMO may, at its sole and absolute discretion, permanently close or temporarily suspend the ONMO Platform or any games ONMO Services (including any Game(s)).
- ONMO may from time to time conduct/organize, promotions/offers on the Platform, the specific details of which shall be separately provided to and be made accessible for the Users under the ‘Promotions/Offers’ tab on the Platform. No two or more promotions can be clubbed together with any other promotions that are running simultaneously on the ONMO Platform, unless expressly permitted by ONMO. Also, promotions/offers cannot be clubbed with Bonus available with any User.
22. ENTIRE AGREEMENT
These T&Cs, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and Onmobile Global Limited and govern your use of the ONMO Platform, superseding any prior agreements that any User may have with Onmobile Global Limited.
23. SEVERABILITY AND ASSIGNMENT
- If any provision of the T&Cs is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and the remaining part of such provision and all other provisions of the T&Cs shall continue to be in full force and effect. Notwithstanding the foregoing, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent as reflected by that provision.
- You will not transfer, assign or delegate Your rights or obligations including Your account opened by the Platform upon registration under the T&Cs to anyone without the express written permission of ONMO, and any attempt to do so will be null and void. ONMO may assign the T&Cs or its rights, or obligations hereunder to anyone in its sole discretion.
ONMO’s failure to enforce any provision of the T&Cs or respond to a breach by a User shall in no way imply a waiver of ONMO’s right to subsequently enforce any provision of the terms of the T&Cs or to act with respect to similar breaches by a User.
25. FORCE MAJEURE
- Except for the payment of any fees due to ONMO, neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labour disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, lockdowns, operation of law, epidemic, pandemic, cyber-attacks, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay. ONMO shall also be entitled to cancel any related Game(s) and to process an appropriate refund for all Participants.
- All notices and communications to the Platform shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:
: OnMobile Global Limited
E City, Tower-1, No. 94/1C & 94/2
Veerasandra Village Attibele, Hobli
Anekal Taluk, Electronic City Phase-1
Bangalore 560 100, Karnataka
- Legal notices will be served to the email address You provide to us while registering as a User on the Platform. Notice will be deemed given 24 hours after such email notice has been sent.
- Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of the Agreement and shall be ignored in construing the same.
- Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
- The words “include” and “including” are to be construed without limitation.
- References to the word “Your” shall have the same meaning as “You”.