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TERMS AND CONDITIONS:

INTRODUCTION:

Our Company Identification Number is U72900MH2021PTC367743.

Use of the products and/or services on the Portal (hereinafter referred to as "Services") currently provided or to be provided by EMPIREZIP PRIVATE LIMITED, its subsidiaries, affiliates, licensors, associates, and partners.

You are aware that you must abide by the Terms. You acknowledge that the Terms govern access to the Services provided on the Portal and that it is your responsibility to always abide by the Terms. You are in charge of becoming aware of and concurring to the Terms as they have been published and subsequently updated or modified by EMPIREZIP PRIVATE LIMITED.

The legality and enforceability of the remaining Terms will not be impacted if any of the Terms are found to be unlawful, void, null, or unenforceable for any reason by any judicial or quasi-judicial authority in India. We shall not be deemed to have waived our right to act with respect to the alleged breach or any prior, concurrent, subsequent, or similar breaches if we fail to act or delay in acting or fail to exercise any right or remedy with respect to a violation of any of the Terms by you. If a promotion, game, event, competition or tournament is organized by us on a Portal, it shall be governed by these Terms and any supplementary terms and conditions which may be specifically applied for that promotion, game, event, competition or tournament (hereinafter collectively referred as "Terms" or "Terms of Service").

Definitions

1.1 “Applicable Law(s)” means all applicable statutes, enactments, laws, ordinances, treaties, conventions, protocols, bye-laws, rules, regulations, guidelines, notifications, notices, and/ or judgments, decrees, injunctions, writs or orders, instructions, decisions of any court or and awards or other requirements or official directives of any governmental authority, in any jurisdiction, as may be applicable to the relevant person.

1.2 “Bank Account” means a financial account maintained with a Banking Company or a financial institution and shall include a wallet maintained with an entity authorized by Reserve Bank of India.

1.3 “Banking Company” means a banking company as defined under section 5(c) of the Banking Regulation Act, 1949.

1.4 “Barred States” means any state in the territory of India where online gaming has been prohibited under Applicable Laws.

1.5“Cash Games” mean Games involving a financial stake, as determined by the participants of that Game, in accordance with the Game Rules.

1.6“Communication Feature” means the in-game feature that enables users to interact with each other during a Game.

1.7“Discounts” shall include any GameCash, FreeCash, variable discounts, prizes or any other incentives (such as bonus, instant cash) that may be provided by ErummyLive, at its discretion, as a part of promotional measure that shall be adjusted against the Service Fee chargeable from the user in such manner as may be prescribed under these Terms.

1.8“Deposit Segment” means the segment of the RT Account to which the money deposited by a user is credited.

1.9“FreeCash” is an incentive provided by the Company, at its discretion, as a part of promotional measure that is first attributable against the Service Fee charged by the Company in respect of a particular Cash Game.

1.10“Game(s)” means the game of Rummy offered on ErummyLive and shall include the various formats available on Our Platform.

1.11“GameCash Segment” means the segment of the RT Account to which GameCash and any amount under any other promotional offer on the Platform are credited to a user for adjustment against Service Fee.

1.12“Game Rules” for each Game, means the rules and regulations applicable to the Game(s) which are accessible on the Platform.

1.13“Platform” means the ErummyLive website and related mobile applications on which Games are made available to users in different formats.

1.14“Platform Policies” mean the Terms, Privacy Policy and Fair Play Policy of ErummyLive and the cumulative set of Game Rules for each Game.

1.15“RT Account” means the user account maintained with ErummyLive, which enables users to play Games and deposit and utilize funds on the Platform.

1.16“Refund” means the reversal of the amounts (such as Service Fee, buy-in, or any other amount, as the case may be) paid by a user to play a Cash Game, to such user’s RT Account.

1.17“Service Fee” means the fee charged by ErummyLive to each user on the value of their financial stake in a Cash Game. The term “Commission” or “Platform Fee” can be used interchangeably with “Service Fee” and shall have the same meaning as assigned to “Service Fee”.

1.18“Terms” mean the Terms of Service of ErummyLive.

1.19“Withdrawable Balance” means the amount in the Withdrawable Segment and the Deposit Segment.

1.20“Withdrawal/ Withdraw” means the transfer of all or part of the Withdrawable Balance to a user’s designated Bank Account, upon specific instructions by that user to ErummyLive to initiate such transfer.

1.21“Withdrawal Request” means a request by a user on the Platform to initiate Withdrawal.

1.22“Withdrawable Segment” means the segment of the RT Account to which the winnings of a user from the Cash Games are credited, less the applicable Service Fees and other levies/deductions.


Who may use Our Services:

Any individual under the age of eighteen (18) years, as well as those who reside in or access the Platform from any of the Barred States, are not eligible for our Services and are not given to them. We retain the right to change the list of Banned States at any time and have the right to limit access to Our Services in any Indian State.

You are not permitted to access or use Our Services if You are under the age of eighteen (18), a resident of, or situated in, any of the Barred States. In case You do, You shall be solely responsible for any legal actions that may ensue from such use of Our Services. We reserve the right to request proof of age, geolocation at any stage of Your access and use of Our Services to verify that persons below the age of eighteen (18) years or residing or located in Barred States are not using the Service. We may exclude a person from using Our Services where We suspect that such person using the Service is under-age and he/she fails to provide Us with a valid proof of age or is located in a Barred State.

If You are not legally competent to individually enter into Indian Rupee transactions through banking channels in India and/or are accessing the Services from a Barred State, You are prohibited from participating in Cash Games on Our Services. In the event of such violation, Your participation in Cash Games will be deemed to be in breach of the Platform Policies and You will not be entitled to receive any prize that You might win in such Cash Games.

Usage of Our Services:

Erummy.Live allows You to play the game of Rummy online with other registered users on the ErummyLive mobile application, which may be downloaded and installed from our website www.Erummy.Live. It is allowed to play Rummy in the majority of Indian states since it is a skill-based game (the result depends on Your talents, not luck or chance).

To make sure that You can access and use the Services effectively, we may collect, use, share with third parties, store, or otherwise process Your information when You access Our Services and/or register an Account. This information may include Your sensitive personal information. The Privacy Policy, which is an essential component of the Platform Policies, governs the gathering, use, and sharing of such information. The Privacy Statement is available here. You are required to verify Your mobile number at the time of registration on the Platform. All Your information is kept confidential and processed as per Our Privacy Policy.

When You register with Us, you agree to receive promotional and service messages from Us, and our affiliates, through SMS, email, call and push notifications, in relation to tournaments, offers, and discounts (of various types and nomenclature). You may withdraw Your consent to receive such communications by sending an email to erummy.live@gmail.com.

Internet connectivity issues at Your end, disruptions due to Your local internet environment, errors in the setup of software or hardware of Your device, or other factors not directly attributable to Us, are beyond Our control, and accordingly, you agree that We will not incur any liability for any halts, breaks, or interruptions in Your usage of Our Services on account of such issues.

User Identity:

You must select a username ("User ID") while registering with Us since this will serve as your online identity. Your chosen display name is confirmed subject to it following these Terms.

On our Platform, it is not permitted for you to create or utilise numerous User IDs. We reserve the right to penalise violators by cancelling all Discount amounts associated with connected User IDs and suspending the linked User IDs if multiple User IDs are discovered for a single user.

User IDs must not be indecent, objectionable, offensive, or unlawful. User IDs that are found to violate the intellectual property of any entity, reveal personal information, or be suggestive of an advertisement or promotional activity, may be rejected.

Game Formats and Rules: :

Rummy is a card game that may be played in a variety of ways, including cash games and non-cash games, which are all offered by ErummyLive on the Platform. In our sole discretion, we may decide to offer more or fewer game formats and variations on the platform.

When playing Games on the Platform, you agree to abide by the relevant Game Rules. Before participating in any game, you must make sure you have read and comprehended the relevant game rules. The 'Game Rules/How to Play' page of Our Services contains the Game Rules, which are a component of the Platform Policies. We may, from time to time, make additional Games available on the Platform. The Platform Policies will govern all aspects of such newly introduced Games, and the relevant Game Rules for such new Game(s) will be made available to You.

The results and winners of each of the Games are determined in accordance with the applicable Game Rules. By registering and/or participating in any Game You agree to these determinations, which shall not be open to challenge. We will post lists of winners on Our Platform following each Game.

In case anything provided in the game rules/FAQ (suggestive or otherwise) as appearing over the ErummyLive Platform are found to be in contradiction to the Terms, these Terms shall prevail to the extent of such contradiction

Restrictions on the use of Our Services: :

You shall not upload, distribute, transmit, publish, share, display, or post any content through Our Services or through any service or facility, including any Communication Feature, provided by Us which:

a.belongs to another person and to which You do not have any right;

b.is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

c.is harmful to a child;

d.infringes any patent, trademark, copyright or other proprietary rights;

e.deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

f.impersonates another person;

g.threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

h.contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

i.is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

j.is otherwise objectionable or undesirable (whether or not unlawful);

k.is aimed at soliciting donations, chips or other forms of help;

l.disparages ErummyLive or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or websites, in any manner;

m.promotes a competing service or product; or

n.violates any Applicable Law.


You shall not frame Our Services, or impose editorial comments, commercial material or any information on Our Services, or alter or modify any content, or remove, obliterate or obstruct any proprietary notices or labels.

You shall not use Our Services for commercial purposes, including but not limited to use in a cyber cafe as a computer gaming centre, network play over the Internet, or through gaming networks, or connection to an unauthorized server that copies the gaming experience offered by Us.

You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer Your Account, content, money, standings, rankings, ratings, or any other attributes appearing in, originating from, or associated with Our Services.

Any form of fraudulent activity, including attempting to use or using any other person’s credit card(s), debit cards, net-banking usernames, passwords, authorization codes, prepaid cash cards, mobile phones for adding cash to the Deposit Segment, accessing or attempting to access the Services through someone else’s Account is strictly prohibited. Where We become aware of or are of the opinion, at Our sole discretion, that You are indulging in such fraudulent activity, we may terminate Your Account and notify the appropriate authorities, where relevant.

If You are an officer, director, employee, consultant, or agent of ErummyLive, or a relative of such persons, you are not permitted to play either directly or indirectly, any Cash Games which entitle You to any prize, in the course of Your engagement with ErummyLive. For the purposes of these Terms, ‘relative’ shall have the meaning ascribed to it in Section 2(77) of the Companies Act, 2013.

You undertake that You will not permit any other person to access or use Your RT Account and You will not use any form of external assistance to play the Games or indulge in any activity which violates the Platform Policies.

You are prohibited from utilising Our Services for any restricted or unlawful purpose including, attempting to launder funds available in Your RT Account or deliberately losing money to a certain player(s).

You shall not send spam emails to any other user on the Platform, or any other form of unsolicited communication for any other purpose.

Deposit, Payment, Refund, and Cancellation:

All payments on the Platform will have to be made through your Account, by following the process indicated therein. Deposits made by You are credited to the Deposit Segment, your winnings are credited to the Withdrawable Segment, and all GameCash and any amount credited against any promotional discounts is credited to the GameCash Segment. Your RT Account also provides a record of all transactions made by You on the Platform.

All transactions You make with Us shall be in Indian Rupees (INR). You are free to deposit funds in the Deposit Segment for the purpose of participating in Cash Games, subject to the following conditions- a.You can only deposit up to INR 50,000 (Indian Rupees Fifty Thousand only) to the Deposit Segment in a single transaction; and b.the monthly deposit limit set by Us with undertakings, indemnity, waiver, and verification conditions as We deem appropriate in Our sole discretion. We will notify You of any changes in the deposit limits on the Platform.

The deposits made by You in the Deposit Segment are purely for the purpose of enabling your participation in the Cash Games and do not carry or generate any interest or return You cannot transfer any funds from Your Account to the Account of another registered user, except as may be permitted by ErummyLive.

You hereby represent and warrant that the payment instrument/mode used for adding cash to Your RT Account belongs to You.

Credit cards, debit cards, prepaid cash cards, and internet banking payments are processed through third-party payment gateways. Similarly, other payment modes also require authorization by the entity which processes such payments. You understand and agree that We are not responsible for delays or denials at their end. The processing of payments will be solely in terms of the applicable policies and procedures of the relevant third parties, without any responsibility or risk at Our end.

If there are any issues in connection with adding cash/depositing funds on the Platform, You may send a complaint to Us by following the complaints procedure provided in Clause 16 below.

Once a payment/transaction is authorized and confirmed, and the funds are received by Us, the amount is credited to the Deposit Segment and is available for You to play Cash Games. You understand and agree that we are not liable in the event of Your credit being delayed or eventually declined, and You are required to follow up with the providers of the payment instrument You used to initiate the transaction.

We have the right to cancel a transaction at any time and at Our sole discretion, and if the relevant payment is successfully realised in such an event, the transaction will be reversed and the money credited back to the original source of payment.

All funds collected from You are held in trust by Us and kept unencumbered in a designated account.

You may Withdraw all or any part of the Withdrawable Balance to Your Bank Account, which will be processed by means of an electronic bank-to-bank transfer or such other mode as per your stated preferences and in accordance with Applicable Law.

At the time of initiating a Withdrawal Request, You are required to provide Us with the details of the Bank Account to which the funds are to be credited, and such Bank Account must belong to You.

A Withdrawal Request will be accepted by Us subject to adequate KYC verifications, alignment with the deposit method, discount terms/restrictions, and/or security reviews by Our automated systems and risk management team. You agree that all Withdrawals You make are governed by the following conditions: a.You can Withdraw all or any part of Your Withdrawable Balance, subject to the levy of applicable processing fee (depending on the Withdrawal method), and applicable taxes. b.You may Withdraw a minimum of INR 100.00 (Indian Rupees One Hundred only), subject to tax deduction at source (TDS) and a maximum of INR 1,00,000.00 (Indian Rupees One Lakh only), post deduction of TDS, per transaction. When Withdrawing funds, payment will be made to You either by electronic wire transfer, or any other manner in accordance with Your stated preferences and Applicable Law. We also reserve the right to disburse the amount to the financial instrument/mode used to add cash to Your Deposit Segment. c.Withdrawal Requests shall, subject to Withdrawal restrictions specified in these Terms and the Platform, be processed post Your KYC verification. We may ask You for KYC documents at any stage to verify Your address and identity. d.Discounts and promotional winnings are not directly Withdrawable and are subject to the terms and conditions applicable to their grant.

We will attempt to process Your Withdrawal Request in a timely manner, but there may be delays due to the time required for the KYC verification, security checks, and other processes involved in completing the Withdrawal transaction. We shall not be liable to pay any form of compensation to You for the reason of such delays in processing Withdrawal Requests and remitting payments.

You may request a Refund of any unutilized funds in your Deposit Segment by contacting Support and subject to the following conditions: a.Upon receipt of a Refund request from You, the Refund will be processed within two (2) weeks from the date of receipt of such Refund request and the requisite Refund amount shall be credited to the original source used to add such funds. b.You may raise a Refund request no later than 120 days of adding such funds to your Deposit Segment.

Your winnings may be disclosed to the relevant authorities, and requisite amounts may be withheld from payouts, in order to ensure compliance with Applicable Law and lawful requests from the government, regulatory bodies, or an order of any court of competent jurisdiction. It is solely Your responsibility to ensure due remittance of all the applicable taxes.

KYC Verification:

We require users to undergo an additional online document verification (“KYC”) in the following scenarios:


a. where You place a Withdrawal Request of an amount exceeding the applicable limit as specified on the Platform;

b. where We suspect or have been notified that You have violated any of the Platform Policies;

c. where You have been identified to be in breach of the applicable add cash thresholds; d.as may be required under Applicable Laws; and e.as may be determined by the Company in its sole discretion from time to time.

As part of Our KYC process, our automated system enables a mandatory process for users to upload documents pertaining to their Permanent Account Number (PAN) & Bank Account details.

The KYC documents must be uploaded on Our Platform, and We do not accept submissions in any other form or manner. The validation of KYC documents may take up to three (3) working days from the date of submission of the documents. We reserve the right to validate and/or reject the KYC documents at our sole discretion. You will be notified of the status of KYC verification on Your registered mobile number/email address and on Our Platform.

Discount and Prize:

When You add cash to the Deposit Segment, you may be allotted a certain GameCash depending on the existence of ongoing promotional offers. Such GameCash may be dependent on certain conditions, such as Your continued usage of Our Services or participation in Cash Games, and accordingly, a part of the GameCash may be released before or at the time of gameplay settlement. An amount net of such GameCash will be considered to have been collected from You in cash for the purpose of financial stake (including Service Fee). You understand that the GameCash must be disbursed within the stipulated claim period, which may differ based on the ongoing offers. GameCash are issued at Our sole discretion and cannot be claimed by You as a matter of right. The release percentage/rate may vary depending on the offer, and the user.

All GameCashes and promotional prizes given to You must be forfeited by You in the event that Your Account is terminated, whether by You voluntarily or by Us in accordance with these Terms. You will then have no future rights to these GameCashes or promotional winnings.

Receiving GameCash or promotional winnings may be withheld for any violation of the Platform Policies at any time. You may win prizes while playing Games on the Platform. Such prizes are subject to the specific terms and conditions communicated at the time of issuance of the prize.

The amounts in the GameCash Segment are not redeemable for any other prize, nor can they be Withdrawn directly, or transferred to another user.

Service Fees and Taxes:

ErummyLive charges a Service Fee on each Cash Game played on the Platform by a user, which may vary depending on the nature of the Cash Game and is subject to change from time to time. ErummyLive reserves the right to levy different Service Fees for different Cash Games at its sole discretion.

TDS at the rate prescribed under applicable laws shall be levied on all the Net Winnings (i.e., the difference between Total Withdrawals in a financial year and Total Deposits in the same financial year. Financial year is counted from 1 April to 31st March of a particular year). TDS at the rate of thirty (30) per cent shall be levied on Net Winnings at the time of Withdrawal and at the end of a Financial Year on the remaining balance of your Net Winnings.

Termination, Suspension, and Opt-out:

If You do not log in to Your Account at least once in a twelve (12) month period, Your Account shall be considered inactive and a maintenance fee of INR 250 per year may be chargeable against any funds remaining therein (“Inactive Account Fee”).

In the event Your RT Account is terminated by Us in accordance with Clause 11.1, You will: a.not be permitted to use Our Services, thereafter, from the mobile number, PAN, and Bank Account linked to the terminated RT Account; and b.be permitted to Withdraw the Withdrawable Balance, subject to applicable restrictions in the Platform Policies.

Further, if We find that a user is breaching/attempting to breach Our security or privacy protocols, We may, following an internal investigation, decide to undertake a range of remedial actions, depending upon the severity of the detected breach, which may include the following:


a.stop access and usage of Our Services, indefinitely, by such user;

b.permanently terminate such user’s RT Account;

c.restrict Withdrawals for such user;

d.demand compensation for the damages to Our Services that occurred because of the breach and prosecute a user for any violation of the law and the Platform Policies if need be; and prohibit the user from registering with Us in the future.

We may attempt to validate Your RT Account via call or email. In the event that We are not able to get in touch with You on the first occasion, We will make subsequent attempts to establish contact with You. In cases where the phone number and email address provided by You is incorrect, We bear no responsibility for Your access and use of the Services being interrupted. In case We are unable to reach You or if the validation is unsuccessful, We reserve the right to disallow You from logging onto Our Services or reducing Your play limits and/or add cash limits till such time We are able to satisfactorily validate Your RT Account. In such an event, We will notify You via email of the next steps regarding Your RT Account validation. We may also ask You for proof of identification and proof of address from time to time. Where Your access to Your RT Account is limited or access to Our Services is restricted as a result of unsuccessful RT Account validation, We may take seven (7) working days to reinstate complete access to Your RT Account and Our Services upon successful validation. In the event that We have made several unsuccessful attempts to reach out to You, We reserve the right to terminate Your RT Account and refund Withdrawable Balance, if any. We will not be liable for any claim, damage or loss accruing to You from such termination or restriction. 11.5You are free to discontinue using Our Services at any time by sending Us an email indicating such intention at erummy.live@gmail.com (“Discontinuation Request”). If at such time, there is a positive Withdrawable Balance and/or funds in Your Deposit Segment, We will disburse the same to You by electronic transfer in accordance with these Terms.

Complaints and Disputes:

You can contact our customer service and grievance redressal team for assistance in resolving any complaints or grievances you may have regarding any part of the Services by sending an email to erummy.live@gmail.com.

Dispute Resolution & Jurisdiction:

The Platform Policies are governed by and shall be interpreted in accordance with the laws of India.

Any dispute, controversy, or claim against the Us or arising out of these Platform Policies shall be subject to the exclusive jurisdiction of the civil courts at Bengaluru, Karnataka.

In the event of any legal dispute arising in relation to any aspect of the Platform Policies, or the use of our Services by You, You must provide written notification to Us of the dispute and relevant details. We shall attempt to resolve the dispute through discussions with You, and where such resolution fails to be concluded within thirty (30) days, the dispute may be referred to arbitration. The arbitration shall be conducted before a tribunal of three (3) arbitrators wherein both the Company and You shall be entitled to appoint one (1) arbitrator each and the two (2) arbitrators shall jointly appoint the third arbitrator. The place of arbitration shall be Bangalore, Karnataka, and the arbitration proceedings shall be conducted, in English, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The award arising from such arbitration proceedings 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.