Introduction: The Real Money Gaming Platform (Hungamagames.com) is launched successfully by Hungama which would involve skill based games as well as non-skill based games. The three game formats which would be supported under this concept would include – Practice, Battle and Tournaments. However only some will include the Battle based concept (where one needs to wait to find an opponent to join) or Tournament concept (where one shall pay the entry fee (cash/coin) and then will be joined to a pool of 1000 people and will continue playing till the end of the tournament. The user can play unlimited tournaments and shall be rewarded cash/coin at the end of each tournament.)
Subject to your acceptance of and full compliance with the Terms, Hungama grants You a non-transferrable, limited, non-exclusive and revocable privilege to register an Account on and use the Platform.:
- You may only use Our web portal www.hungamagames.com, mobile applications (collectively, the “Platform”).
- You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Platform. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Platform.
- Only people of sound mind who are above 18 years of age may use this Platform.
- This Platform may not be used by residents of Assam, Odisha, Nagaland, Sikkim, Tamil Nadu, Andhra Pradesh, Kerala and Telangana. Further, there may be certain games that may be restricted in some additional states. To understand more about who may use this platform please refer to Our Eligibility section outlined below.
- You may register on the Platform and add cash to the wallet by following the registration procedure laid down in the section on Use of the Platform Terms.
- Please note that We have the sole discretion to determine the terms applicable on any Games made available on the Platform including the daily bonus given to any User. Further, the Entry Fee for any Games is non-refundable and may only be refunded under the circumstances stated in Our Return, Refund and Cancellation policy.
- Winnings may be withdrawn by You from Your account, subject to the completion of KYC verification and will be subject to TDS deductions.
- You may not use the Platform in ways stated in Our Restrictions section. You will indemnify Us in the event We suffer any losses on account of Your use of Our Platform or Your failure to abide by this Agreement.
- Circumstances under which Your access to the Platform or this Agreement may be terminated are stated in the Termination section.
- Your use of this Platform is completely at Your own risk. We disclaim all warranties in relation to the Platform. To understand more please refer to Our Disclaimer section.
- Any dispute between You and Us will be resolved by way of Arbitration which will be conducted in Mumbai by a sole arbitrator appointed by Us. For further details refer to Our Governing law and dispute resolution section.
- For information about Our Referral program, please click here.
- If You have any complaints or grievances over any of the services offered on the Platform, please contact our Grievance Officer.
- The Gaming/Platform are open only to persons above the age of 18 years.
- Any User who is “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, etc. is not eligible to enter into this Agreement with Hungama.
- The Gaming/Platform are open only to persons, currently residing in India.
- Hungama may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Gaming/Platform. Currently, individuals residing in the Indian states of Assam, Odisha, Sikkim, Nagaland, Andhra Pradesh, Telangana, Kerala or Tamil Nadu may not participate in the paid/cash based version of the Gaming/Platform as the laws of these states are unclear/ bar persons from participating in games of skill where participants are required to pay cash to enter.
- Persons who wish to participate in the Gaming/Platform must join via their mobile number/Facebook account/Gmail account.
- Hungama may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be providing false identity proofs/information which are required by Hungama from time to time.
- Only those participants who have successfully registered on the Hungama Gaming Platform as well as added cash/coin to their wallet in accordance with the procedure outlined above shall be eligible to participate in the Hungama Tournament and get rewarded.
- Only those participants who have successfully uploaded their Government id proof as mentioned on the Platform, in accordance with the withdrawal procedure outlined below under the Use of the Platform terms, shall be eligible to withdraw any amount from the wallet.
Use of the Platform terms:
- Hungama provides the Platform to You on which You can play Games run over the internet.
- Registration: You may register by approving and agreeing to this Agreement and providing Your registered mobile phone number/ Email address/Facebook account/Gmail account on the Platform. You will be verified by Hungama using a one-time password (“OTP”) system. Upon successfully verifying the OTP, an account will be created for You (“Account”). YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
- By registering for an Account, You represent, warrant and agree that:
- You fulfil the eligibility criteria as detailed in section (Eligibility section)
- You are using Your actual identity and the account details you have provided is registered in Your own name;
- You will provide only true, accurate, current, and complete information about Yourself, including optional information such as Your profile photograph, cover photograph, user-id, biograph, audio status etc., on the Platform (“User Details”)
- You will maintain and promptly update the User Details and other information that You provide on the Platform to keep it true, accurate, current, and complete.
- You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Platform and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
- You would need to link their UPI ID, Net banking, Debit Card, Credit Card, Wallets – to add money to the wallet (‘Deposit’) for cash based games included under the Battle and Tournament version . Accordingly the money will be deducted from the wallet. Cash based games has cash entry to play on payment applicable fees winners will be awarded with cash prize accordingly.
- Withdrawal: You, may withdraw any cash amount by agreeing to the Agreement, and uploading Your valid government ID proof, and thereafter we would verify You within approximately three (3) days and thereafter You, may withdraw the amount from the wallet. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. We may revise the pricing for the virtual currency, virtual items, in-apps offered through the Platform at any time. YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Our Return, Refund and Cancellation policy:
- In the event, that there is an error in the services provided by us, we may refund the Entry Fee, provided the reasons are genuine and proved after investigation by Hungama.
- We will try Our best to create the best user experience for You. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase and in case of payments made through a payment gateway, payment refunds will be made to the same account.
- Users must use any money in their Account/wallet within 365 days. Hungama shall have the right to directly forfeit any such unused amount after 365 (three hundred and sixty five) days.
Our Restrictions section:
- You shall not register or operate more than one User account with Hungama.
- You agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with the Platform Services.
- You 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 Hungama or Platform’s services.
- You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Platform or any component or content thereof, available to third parties without the permission of Hungama.
Indemnification: You shall defend, indemnify and hold Hungama, and its officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fee that may result from or alleged to result from (a) Your use of the Platform or any content thereof, including Gaming; or (b) Your breach of any rules, regulations and/or orders under any applicable law.
- You are also responsible for any breach of Your obligations under the Agreement and/or for the consequences of any such breach.
Your access to the Platform may be terminated if:
- You voluntarily uninstall the Platform from Your device;
- You do not pay the requisite fee, if any, should Hungama charge accordingly.
We may have to terminate Your access to the Platform if:
- We are required to do so by law (for example, where the access to and/or provision of the Platform to You becomes, unlawful);
- The third-party Person, if any, with whom We offered the Platform to You has terminated its relationship with Us or ceased to offer the related services to Us or to You;
- The provision of Platform to You, is no longer commercially viable or feasible for Us; or
- You are a repeat infringer of this Agreement.
We may terminate this Agreement at any time, with or without notice and may disable Your access to the Platform and/or bar You from any future use of the Platform.
You may terminate this Agreement at any time by terminating Your access to the Platform. However, certain obligations of Yours under this Agreement shall continue to prevail even on such termination.
When this Agreement comes to an end, all of the legal rights, obligations and liabilities that You and Hungama have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.
Disclaimers No warranties: The Contents provided through the Platform may include technical inaccuracies or typographical errors. Hungama may make changes or improvements to the Platform at any time. The Contents or any information available on the Platform is provided “as is” and “as available” and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to Applicable Laws.
Limitations of Liability:
In no event shall Hungama be liable for any loss or damages (including without limitation of any direct, indirect, punitive, special, incidental or consequential loss or damage):
- Access to the Platform or inability to access to the Platform;
- Any third party's conduct, content, information or data;
- Any unauthorized access to or use of Hungama services and/or any and all personal, private, and/ or other information stored therein;
- Losses or harm not caused by our breach of these terms or negligence;
- Losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
- Any damage that may be caused to any device on which you access or use any of our Games or other services that is caused in any way by our services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Games or other services;
- Any increase in loss or damage resulting from breach by you of any of these terms and conditions; or
- Technical failures or the lack of availability of any of our services where these are not within our reasonable control.
Transferring these terms:
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- YOU AGREE THAT YOUR USE OF THE INFORMATION, CONTENT, OR SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.