Introduction: The games on our platform are skill based games. The three game formats which would be supported under this concept would include – Practice, Battle and Tournaments. However only some games will include the Battle or Tournament (where one shall pay the entry fee (cash/coin) and then will be joined to a pool of people and can continue playing till the end of the tournament.) The user can play tournaments and shall be rewarded cash/coin at the end of each tournament accordingly.
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 solely 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 and in regards to your internet connection stability, 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, Karnataka, Arunachal Pradesh, Meghalaya 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- Winnings may be withdrawn by You from Your account, subject to You registering on Our Platform, accepting and abiding with all Our Terms and to Your completion of KYC verification and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 refer to our FAQ.
- If You have any complaints or grievances over any of the services offered on the Platform, please contact our Grievance Officer.
- The Services /Platform are open only to person 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 Games are only offered to natural person (Collectively described as "you" or "your" or “User” or “player” or “participant”) who conclude a legal transaction for purposes which can predominantly neither be attributed to their commercial nor their self-employed professional activity.
- The Service /Platform is open only to person 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 Service/Platform. Currently, individuals residing in the Indian states of Assam, Odisha, Sikkim, Nagaland, Andhra Pradesh, Telangana, Kerala, Karnataka, Arunachal Pradesh, Meghalaya or Tamil Nadu may not participate in the paid/cash based version of the Service /Platform as the laws of these states bar and restricts persons from participating in games of skill where participants are required to pay cash to enter.
- Where a State legislation on gambling exists, it prevails over the Public Gambling Act of 1867. In this regard, the State Legislations in Assam, Odisha (Orissa) and Telangana prohibit games with money stakes and do not create an exception for ‘games of skill’. Furthermore, in the State of Gujarat, the Hon’ble High Court of Gujarat has prohibited poker by classifying it as a ‘game of chance’. The State Legislations in Nagaland and Sikkim allow ‘games of skill’ with money stakes only under a license. Furthermore, the High Courts of Kerala and Tamil Nadu have held that playing the card ‘game of skill’ of rummy for stakes amounts to ‘gambling’ and therefore there is a risk that the same principle may be applied to poker operations. Thus, residents of States of Assam, Odisha (Orissa), Telangana, Gujarat, Kerala, Karnataka, Tamil Nadu, Nagaland and Sikkim are not permitted to play on the Platform/ App in any manner.
- Person who wish to participate in the Service/Platform must join via their mobile number.
- 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.
- You will be prohibited to play cash based games on Our Platform, if You are NOT legally permitted or competent to perform transaction(s) in Indian Rupee currency i.e. INR currency through the banking channels in India.
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 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”).
- We only allow access to the Games through secured User Accounts and password. You cannot participate in any Real Money Games without passing our customer security login.
- You must keep your details including but not limited to account details, password or any other information, confidential and should not disclose them to anybody. You may not use anyone else's mobile number. You shall be responsible for all transactions conducted in relation to your User Account using your mobile number. Every person who identifies him/herself by entering your mobile number is assumed by us to be you and all transactions where the mobile number have been entered correctly will be regarded as valid.
- The user can create a username in the Service / Platform, this must not violate applicable laws and/or these Terms and Conditions. Hungama Games shall be entitled to change the name in the event of a breach of this provision, either at the instigation of a third party or on its own initiative. No separate justification for the name change shall be necessary. The user has no claim to a specific name. Other rights of Hungama Games in the event of a breach of this provision shall not be affected.
- We are using the best methods available today for the encryption of the mobile number information, and any other sensitive information transferred to and from the client source and our servers, thus securing the User and us against manipulation attempts by a third party. You will not break in, access or attempt to break in or access or otherwise by-pass our security. If we have a suspicion that you have attempted to or may be attempting to break in, access or otherwise by-pass our security of the Platform, we will be entitled to terminate with immediate effect your access to the Services and/or have your User Account blocked, and we reserve the right to take appropriate legal action.
- Hungama Games continuously updates, changes and adds content to the Games and Services at its own discretion. Users can therefore only participate in the game, service or other offering in its then-current form.
- In the event of ordinary termination by the user or termination by Hungama Games for good cause, no reimbursement of paid fees shall take place. Hungama Games shall be entitled to continue to charge all outstanding fees for premium content already purchased.
- User Obligations-
- When using the Games, the user may not use any other software or other routines that could interfere with the systems of Hungama Games or other users. This includes actions that could lead to an unreasonable overloading of the systems of Hungama Games. The use of special software, particularly for systematic or automatic control of Games, is prohibited.
- The user may not use any software or exploit any programming errors that lead or could lead to obtaining premium content in the Games or other unintended benefits for the user without having concluded a premium agreement, the user thus becoming obliged to pay the fee for such premium content. In the event of unjustified acquisition of premium content, Hungama Games may delete or deactivate the unjustified premium content or other benefits. For the purposes of clarification: The above shall not apply if premium content can be acquired as a reward for certain Game actions.
- In connection with the Services of Hungama Games, the user may not use any software that enables “data mining” or otherwise collects information in connection with the Games.
- When using any communication functions within the Games, the user must comply with all applicable laws and must not infringe the rights of third parties. In addition, certain content is undesirable in the Games because it contradicts the character of the Games as family entertainment media. In concrete terms, this means that users may not:
- use, post or publish any harassing, threatening, disturbing, insulting or defamatory, discriminatory, political, immoral, pornographic, morally reprehensible, offensive, violent, sexist, extreme right-wing or left-wing content or content that glorifies violence or violates laws, particularly laws for the protection of minors, or link to corresponding material on a third party website or advertise, offer or distribute such content or products that violates laws, particularly laws for the protection of minors;
- and publish, duplicate, make publicly accessible or disseminate content protected for the benefit of third parties without a corresponding license, in particular infringe upon industrial property rights, advertise, offer or distribute goods or services, commit or promote anti-competitive acts, request other users to provide personal data for commercial or illegal purposes or to provide access data, organize or advertise commercial activities and sales of third parties, duplicate an image of another person or make it publicly accessible without the written consent of the person concerned, or publish personal data and confidential data without being entitled to do so.
- Not transfer any Material and/or software and/or any part thereof to any other computer and/or mobile device. Any commercial or business use of the Hungama Games or any Material including the software is expressly prohibited.
- Users shall be obligated to regularly back up all their data on the devices on which they use the Games in a manner appropriate to the risk.
- You may not use the Website/App/ Service for commercial exploitation.
- You may not Collect, harvest, solicit or post passwords or personally identifiable information from other users/players/participants;
- You may not impersonate another user/ player/participant or person.
- 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 herein above (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, such as Your profile name, state, date-of- birth 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 unauthorized person accessing your account and/or using our Platform and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
- You may 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. You further understand and agree that We are not in the business of soliciting deposits and any funds actually present and/or credited in your User Account shall not constitute “deposits” as defined under the Companies Act, 2013 and the applicable rules thereunder.
- You understand and agree that you cannot transfer any of your User Account Balance to the account of another registered user on the Platform except as may be permitted by Hungama and subject to restrictions and conditions as may be prescribed.
- When making a credit into your User Account, please ensure that the instrument used to make the payment is your own and is used to credit Real Money into your User Account only. Once a payment/transaction is authorized, the funds shall be credited to your User Account and will be available for you to play Real Money Games on our Platform.
- Credit card, debit card, prepaid cards, wallets, UPI and net banking payments are processed through third party payment gateways. Similarly, other payment modes also require an authorization by the intermediary which processes payments. We are not responsible for delays or denials at their end and processing of payments will be solely in terms of their policies and procedures without any responsibility or risk at our end. You agree that in such an event of the confirmation of your credit being delayed or eventually declined for reasons beyond our control, we will not be held liable in any manner whatsoever.
- You understand and acknowledge that the funds in your User Account with the Platform do not carry any interest or return.
- Withdrawal: You, may withdraw any cash amount by agreeing to the Agreement, and uploading Your valid government ID proof and / or any other additional or supporting documents that may be required by us from time to time (which You represent and warrant are true, accurate and original), and thereafter we may verify You within approximately three (3) days (Subject to adequate and accurate documentation verification completed) and thereafter You, may withdraw the amount from the wallet. In the event, if any of Your documents / identity proof(s) seem to be insufficient or inadequate, We shall notify ‘INSUFFICIENCY’ under such circumstances. You shall fulfill the Insufficiency ( i.e. You should provide the additional / necessary details ) within 10 days from raising the Insufficiency, failing which We shall mark the verification as ‘Closed’. We completely reserve all our rights to reject Your verification at our sole discretion.
- We accept payment(s) in INR (Indian Rupees) only. The basic currency for the account on Hungama Games shall be specified by the User/player when registering on the Hungama Games. Please note that the User/player shall bear all the costs related to the currency fluctuations.
- 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/Platform.
- 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.
- The user shall be responsible for cancellations or chargebacks which the user itself has caused, e.g. due to insufficient account coverage. The user shall normally bear the costs arising therefrom. Hungama Games shall be entitled to collect these costs together with the original fee from the user’s means of payment. The user shall reserve the right to prove that any damage did not occur or did not occur to the value of the requested amount.
- All Games made by Hungama Games are provided exclusively on the basis of these General Terms and Conditions. Any general terms and conditions of the user shall expressly not form part of the agreement, even if Hungama Games does not expressly object to their applicability.
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.
- All materials provided on the Hungama Games, including but not limited to all information, materials, functions, text, logos, designs, graphics, images, sounds, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of Hungama Games and/or its vendors and/or suppliers. All Materials herein and Hungama Games’s software are the exclusive properties of Hungama Games. . Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior written 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.
- The user shall indemnify Hungama Games against all claims, including damage compensation claims, asserted by third parties due to an infringement of their rights by the user’s conduct or the content or data posted. The user shall also be obliged to reimburse the reasonable costs incurred as a result thereof, particularly the costs arising from any legal defense that may be required (including lawyers’ fees customary for the market, which shall not be limited to the statutory fees). This shall not apply if the user is not responsible for the infringement. All further rights and claims of Hungama Games shall not be affected.
- 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.
- The statutory right to extraordinary termination of this Agreement without notice for good cause shall not be affected.
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
- The user may not transfer this agreement to third parties. In the event of a breach of this provision (account transfer), Hungama Games shall be entitled to terminate the agreement without notice, including agreements on premium content. In such an event, a prorated refund shall also be excluded.
- If the user defaults on payment, Hungama Games may, irrespective of the continued obligation to pay, block access to the Game and demand the default interest stipulated by law.
- 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. Hungama Games reserves the right to alter the amount and/or terms of the subscription fees at any time. Additional information on price changes can be found in the terms of the respective platform.
We make no representation or warranty with respect to the legality or otherwise of the accessing and use of the Services in your location of residence and it is solely your responsibility to determine whether such accessing and use of the Services by you is legal. We further warrant in that respect that the access to the Platform is not intended to enable you to contravene any applicable law.
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.
- The user must select secure access credentials and not make such data available to third parties. Hungama Games is not responsible for any damage resulting from the breach of this duty. In the event of suspected abuse, Hungama Games shall be entitled to temporarily block access to the Game in question.
Special and Prohibited Use
- Ban on the use of robot programs / artificial Intelligence (bot program)
- It is forbidden to use any robot or artificial intelligence programs (bots), purchased from third parties or developed in person, which perform some of the functions instead of a player, or perform a complete cycle of game actions.
- Hungama Games does not provide, promote and also strictly prohibits the following in regard to bets on sports:
a) Arbitrage betting;
b) Use of third-party software; and
c) Odds scanners or any other software for betting automation.
- In the case of non-compliance with this regulation, Hungama Games reserves the right to block and terminate the respective player’s account with an optional fund confiscation or to suspend transactions and funds withdrawals during the player’s gaming activity investigation. The investigation may take up to fourteen (14) days.
- Prohibited software
- Hungama Games strictly forbids the use of any software that:
a) Developed specifically or which purpose includes operating with games based on the Site;
b) Developed specifically or which purpose includes operating with games based on the Site;
c) Shares information about gaming strategies between users/players or facilitates collusion or cheating in any way;
d) Uses a database of hands or users/player profiles and shares it with another user/player;
e) Reduces or eliminates the need for human decision-making;
f) Tries to block any of our devices for the detection of fraud and deception.
- Ban on collusion
- User/player shall always play according to his/her own individual interest. These rules apply regardless of whether there is a clear agreement between the Users/players and whether provable actual damages were caused or not to others. The Users cannot act together with other users/players to gain an advantage. The Users cannot use the soft play against friends i.e. the Users/players have to play as aggressively against someone whom the User/player knows the way he/she would play against an unknown opponent and use the same strategy.
- User/player shall not use chip dumping i.e. the User/player must not intentionally lose hands or manipulate during the game to transfer funds to another User. User/player is also forbidden to incite other users/players to collude with them, including by any indirect means.
- One user/player – One account
- Users/players are allowed to have only one account on Hungama Games. User/player should not attempt to circumvent any of the restrictions aimed at preventing the creation and use of multiple accounts by one user/player. Hungama Games bans any account which appears to be a joint use of the account. User/player shall keep secret his/her account data (player name, password, and any other information to enter the user’s/player's account) and not give them to other users/players/persons. Under no circumstances, Hungama Games shall allow any User/player to give permission to other users/players/persons to use his/her account. Applicable Law
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.