You agree and acknowledge that you have completely read and understood these Terms.
Participation in the games on the Cashgrail Platform or viewing of certain content may be subject to further terms and conditions as may be notified by us from time to time on the Platform or otherwise. You should ensure that you have read and understood and agree to abide by the rules and regulations of the games available through the Cashgrail Platform.
Cashgrail may, at its sole and absolute discretion and without any prior notice:
Your use of information on our Platform including results, fixture lists, statistics, data, etc. posted on our Platform is at your own risk. Other than as expressly set out in these Terms and to the extent permitted by law, we make no warranty as to the accuracy or reliability of the information contained on our Platform or in our publications (including, but not limited to, game rules or any content or information generated on our Platform by or on behalf of us, and any Third-Party Content on our Platform). We and our related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any User through relying on anything contained in or omitted from our Platform.
B. Description of Services Offered
Cashgrail gives Users, in compliance with these Terms, a personal, royalty-
free, non-assignable, non-sublicensable, non-transferable, non-exclusive, and
revocable limited license to use the Platform in India and only until the User is
bound by these Terms. This license is for the sole purpose of enabling the own
personal private use by Users to play the games of skill as provided by
Cashgrail as per these Terms and must not be used for any commercial
The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising and promotional activities by Cashgrail on the Services are subject to change.
When access to games are included in the Services, the specific rules, scoring, controls and guidelines for each game can be found within the game itself. Such rules are an integral part of the Terms, which Users agree to and shall comply with such rules, scoring, controls and guidelines etc.
Any charges levied on Users for accessing the Services, including but not limited to internet connection and/or mobile or data charges are solely the responsibility of such Users.
C. User Registration
In order to access or fully utilize the Platform offered by Cashgrail, a User is required to register on the Platform. You are not authorised to access our Platform until you have been granted an Account (defined below).
If you wish to become a registered User, you will need to create an account (Account) on our Platform. Each User is only permitted to open one Account. Cashgrail reserves the right to terminate or suspend any duplicate Accounts.
In order to create an Account, Cashgrail may require you to complete a form and provide certain details, including those provided below, in accordance with the instructions on the Platform:
You can also register or log in through your Google e-mail address. You may also be required to provide your mobile number for verification purposes and verify such mobile number using a one-time passcode sent to your mobile number. Permission to open the account shall be determined by Cashgrail or its representatives, at their sole discretion. We may refuse to grant an Account to any person without giving a reason for such refusal. You agree and acknowledge that the decision of Cashgrail in this regard shall be final.
Users who wish to withdraw cash Winnings from the Account will be required to have a mobile number and bank account or UPI ID. In case such you withdraw amount exceeding a predetermined threshold which shall be notified to you, you will also need to provide a valid Permanent Account Number (PAN). You must be over 18 years of age and a resident of India to access and/or use our Platform and create an Account with us. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 (eighteen) years old; (b) you have not previously been suspended or blocked from using the Platform; (c) you are a resident of India, and (d) your registration and your use of the Platform in compliance with any and all applicable laws and regulations. We reserve the right to request proof of age and deploy screening and age- gating techniques at any stage to verify that minors are not using the Platform and we may exclude a person from accessing or using the Platform, if proof of age is not provided or if Cashgrail suspects that a person doing so is under the age of 18 years.
You agree to provide true, accurate, current and complete information at the time of registration and at all other times. You agree to update and keep updated all information provided for the purposes of registration. You undertake that all information provided by you from time to time is true, accurate, current and complete to your personal knowledge.
Upon grant of the Account by us, your Account will be created, and you will be able to use our Platform and play the game(s). You agree and acknowledge that such Account can be terminated by us for any reason deemed fit by Cashgrail and we shall notify you of such termination.
You represent and warrant to us that, throughout the course of your usage of our Platform, you will not permit other persons to access or use your Account. If you permit other persons to access or use your Account, you do so at your own sole risk as to any consequences. You further agree and accept that you shall not access or use the Platform through the account of another User.
Where Cashgrail conducts any customer identity checks, this neither implies that Cashgrail is statutorily required to conduct such checks nor liable for any inaccuracy in customer verification that cannot be directly attributable to Cashgrail’s gross negligence. You are responsible for completing your ‘know your customer’ checks with the banks, financial institutions, card associations, and other payment system providers as defined under the Payment and Settlement Systems Act, 2007 (Payments System Providers), with whom Cashgrail has entered into an arrangement to facilitate payment transactions (i.e. to send or receive funds via the Platform) using the services of Payments System Providers. Cashgrail conducts such checks as a measure to reduce financial crime in its multiple forms, such as online fraud, money laundering, or the financing of terrorism. You may also be required to verify any credit card/bank account you use to deposit funds, and also any bank account you want to withdraw to ensure their integrity and verify their compliance with current regulations and applicable laws.
You acknowledge that your participation in any game(s) available on the Platform is purely voluntary and at your sole discretion and risk.
Users must note that the games hosted on the Cashgrail Platform are games of skill. In compliance with Indian law, we do not support, endorse, or offer to Users, games of chance for money. While games of skill do not have a comprehensive definition, they are considered to be those games where the impact of a player’s effort and skill on the outcome of a game is higher than the impact of luck and chance.
Cashgrail may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the game(s). Currently, individuals residing in the Indian states of Assam, Meghalaya, Odisha, Telangana, Nagaland, Andhra Pradesh, Arunachal Pradesh Sikkim and outside India are not allowed to participate in the paid version of the game(s) as the laws of these states bar persons from participating in games of skill where Users are required to pay to enter. Access to the Cashgrail Platform will therefore be restricted from being accessed from such states.
You agree and acknowledge that we may monitor or use certain technologies and monitoring of activities including logging of your IP address to ascertain and verify your geographical location. As a final check, we may also seek additional personal details as proof of address during KYC approval.
Cashgrail does not allow the Users residing in the aforesaid Indian states or outside the territory of India to play with real money or deposit amounts to play games on the Platform. Users agree and acknowledge that if a person residing in such Indian states, or from outside the territorial limits of the Republic of India becomes a User by giving false information, the liability shall be solely on the User and Cashgrail reserves the right to delete/remove such Account.
You agree and accept that Cashgrail shall not be liable or responsible for the breach of applicable state laws by any User. There may be applicable penalties imposed on such Users by the respective State Governments or the Central Government of India as the case may be.
Users from all Indian states are responsible for and must always ensure that they are complying with the applicable state laws and we will attempt to post any changes that we seem appropriate to better educate the Users. You agree and acknowledge that our decision in this regard will be final and binding, and no consideration, whatsoever, will be extended to the User.
Access to your Account and to add, delete or modify any content on your Account is OTP protected. You must ensure that the OTP is not accessible to any person apart from you. We are not liable for any loss, damages or expenses of any kind incurred or suffered by you arising from or in connection with any failure, delay or interruption in transmitting OTPs due to any failure of the mobile service network or any other circumstance beyond our reasonable control.
You agree that you will not disclose your password/OTP to anyone or allow any other person to access or use your Account. We are not responsible if your Account is accessed or opened by other persons using your password/OTP. You shall be held solely responsible and liable for all of your activities on the Platform made from your Account.
You understand that it is your obligation to protect the information you have provided on the Platform including, but not limited, to usernames, email addresses, contact details, bank account information etc. You explicitly understand and agree that we will not incur any liability for information provided by you to anyone which may result in your Account on the Platform being exposed or misused by any other person or any other harm or loss being suffered by you.
Provided that Cashgrail or its employees have not been dishonest or negligent, we shall not be liable to a User for any unauthorized transaction which has been executed through the Platform as a result of:
You should routinely check the Account Balance section of your Account to ensure that there has been no unauthorised use of your Account. If you suspect any unauthorised activity you must contact our Grievance Officer.
You should only transact with a third party product or service that you know. While the Platform may provide a link between the sender and the recipient of cash or credit balance(s), all payment transactions or any communications/offers are carried out through the Platform are solely between the sender and recipient of the payment and Cashgrail is not a party to and will not be responsible for any disputes, chargebacks or reversals arising pursuant to payment transactions solicited or initiated by and between Users.
Please note that we can terminate or suspend your Account and all associated accounts, institute fraud prevention measures such as access restrictions, transaction velocity restrictions etc. without prior notice to prevent unauthorised use of our Accounts. You must co-operate with us in any investigation and use any fraud prevention measures we prescribe and you agree that we will not be liable to you or any third party for any block, suspension, cancellations, or termination of your Account owing to such measures.
Please also contact us immediately if the device through which you access the Platform has been lost, stolen or compromised in any way or someone has used or may use your device or credentials without your authorisation or if you become aware of any unauthorised use of your Account.
You are hereby informed that any and all information associated with any fraudulent transaction may be shared by Cashgrail (with or without demand) with the Government of India or any agency thereof, for the purpose of verification of the identity of User, or for prevention, detection, investigation, prosecution, and punishment
G. User Conduct
In accessing or using our Platform you agree that you will not:
If you choose to submit any content by way of question on the Platform, you hereby warrant that no contribution or uploaded content shall:
As it concerns the content uploaded by you, without prejudice to your obligation to otherwise comply with applicable laws during the course of using the Platform, you agree to hereby comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on the Platform. Cashgrail may not be held responsible for any content contributed by Users on the Cashgrail Platform.
The Users admit that they may be exposed to content posted by other Users which they may find offensive, obnoxious or indecent and that we may not be able to prevent such content from being posted. Such content should be brought to our notice. We shall act upon the information as we deem acceptable. The decision taken by the management of Cashgrail in this regard shall be final and binding on the User and you specifically agree that we shall not incur any liability under any circumstance whatsoever regarding the same.
We reserve the right to prevent unauthorised access to or use of our Platform, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
In the event, we have reasonable grounds to believe that your activities include any of the acts specified above, we may initiate appropriate legal action against you as well as notify the relevant regulatory or law enforcement authorities where appropriate in addition to any other available remedies under law or equity, apart from restricting or suspending or terminating your use of the Platform.
You shall not purchase, sell, assign, trade, rent, loan, lease, license, grant a security interest in, or transfer to your Account, any content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Platform.
Users agree to ensure that they can receive all communication from Cashgrail by marking e-mails or sending SMSs from Cashgrail as part of their safe senders list. Cashgrail 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.
If a User chooses a username or profile picture that, in Cashgrail’s considered opinion is obscene, indecent, abusive or that might subject Cashgrail to public disparagement or scorn, Cashgrail reserves the right, without prior notice to the User, to reset such username and intimate the User, or delete such username and posts from the Cashgrail Platform, deny such User access to the Cashgrail Platform, or any combination of these options.
Unauthorized access to the Cashgrail Platform is a breach of these Terms, and a violation of the law. Users agree not to access the Cashgrail Platform by any means other than through the interface that is provided by Cashgrail for use in accessing the Cashgrail 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.
The use of the Cashgrail Platform is subject to existing laws and legal processes. Nothing contained in these Terms shall limit Cashgrail’s right to comply with governmental, court, and law-enforcement requests or requirements relating to Users use of the Cashgrail Platform.
H. Payment Terms
In respect of any transactions entered into on the Cashgrail platform for playing game and contest(s), Users agree to be bound by the following payment terms to which Users shall be bound when participating in any game, and the User will pay the “Contribution” which will be inclusive of the following:
Users by participating in any games on the Cashgrail Platform hereby authorize and appoint Cgames Customer Solutions LLP as their payment collection agent to collect and manage Users’ funds, for and on their behalf (Agent). For operational convenience, the Users’ directions (for collection and settlement of payments) will be communicated to the Agent through Cashgrail (which will transmit the Users’ instructions to the Agent “as is”).
Cashgrail at its own discretion can also contribute to such Prize Money Pool from its own resources. Unless specifically identified in these terms, it is clarified that Cashgrail has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the game rules and these Terms.
In respect of any transactions entered into on the Cashgrail Platform, including making a payment to participate in the games, the Users agree to be bound by the following payment terms: Subject to these Terms, all amounts collected from the User are held in separate non-interest earning bank account with an Agent. The said accounts are operated by the Agent (or a third party appointed by Cashgrail) in accordance with these Terms. From these bank accounts, the payouts can be made to (a) Users (towards their withdrawals of Winnings or Play Money); (b) Cashgrail (towards its Platform Fees); and (c) to the Government (towards TDS, if any, on amounts won). The Agent shall receive and hold the amounts of the Users in trust as a trustee of and for the benefit and use of the Users.
Cashgrail receives only its share of the Platform Fees through the said Agent and has no control over the User funds held by the Agent in the dedicated non- interest earning escrow account. Cashgrail reserves the right to charge a Platform Fee, which would be specified and notified by it, prior to a User’s joining of a game. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User account balance and Cashgrail shall issue an invoice for such debit on request to the User. The Platform Fee may be dynamic on a game to game basis and dependent on factors such as, number of Users, eligibility criteria, ranking and server load etc., subject to the Platform Fee being determined before the commencement of a game.
The User may participate in a game wherein the User has to contribute a pre- specified contribution towards the Prize Money Pool of such game, which will be passed on to the Winner(s) of the game after the completion of the game as per the terms and conditions of such game. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User Account balance maintained with the Agent.
Any User availing of Cashgrail Services are provided with the following categories of accounts for the processing and reconciliation of payments:
Each time a User participates in any game on the Cashgrail Platform, the Contribution shall be debited from the Users Account. The Contribution for each User shall be first debited from the Play Money and thereafter, any remaining amount of such Contribution shall be debited from the Winnings, if any.
In case any amount is remaining to be paid by the User as part of the Contribution in relation to such Users participation in any game(s), the User will be taken to the designated payment gateway to give effect to such payment which shall also be credited to the account maintained by the Agent. In case any amount added by the User through such payment gateway exceeds the remaining amount of the Contribution, the amount in excess shall be transferred to the Play Money and will be available for use in participation in the game(s) or for withdrawal in accordance with these Terms.
Debits from the Play Money for the purpose of enabling a User’s participation in a game shall be made in order of the date of credit of amounts in the Play Money, and accordingly, amounts credited into Play Money earlier in time shall be debited first.
In order to request a withdrawal of any amount standing in the Play Money, the User must first complete Cashgrail’s identity verification, and bank account verification, which will also require submission of User’s PAN card and bank account details and by providing a reason for withdrawal over email email@example.com. Cashgrail shall effect an online transfer to the User’s bank account on record with Cashgrail by instructing the Agent on behalf of the User (to which the User expressly consents), within a commercially reasonable period of time. Such transfer will reflect as a debit to the User’s Play Money. The withdrawal requests by Users on the Platform, when requested by Users, shall only be limited to Play Money i.e. the money added by the Users on the Platform and not any Bonus Money or Cashbacks provided by Cashgrail. Cashgrail may, in certain exceptional circumstances and at its sole and absolute discretion, deduct applicable cancellation charges, Cashbacks received, Bonus Money, and taxes including GST, from the amount to be refunded to the User.
Further, withdrawal of any amount standing to the User’s credit in the Winnings may be made by way of a request to the Agent through Cashgrail. In such case, Cashgrail shall cause an online transfer to the User’s bank account on record with Cashgrail by instructing the Agent on behalf of the User (to which the User expressly consents), within a commercially reasonable period of time. Such transfer will reflect as a debit to the User’s Winnings. Cashgrail shall not charge any processing fee for causing the online transfer of such amount from the Winnings to the User’s bank account on record with Cashgrail
Members need to complete the verification process with Cashgrail or its Agent, in order to raise the withdrawal request. As a general practice, Prize Money winners be required (as and when prescribed by Cashgrail) to verify their e- mail address & phone number, along with the following documents:
Cashgrail shall not instruct the Agent to provide for the withdrawal of a User’s prize(s)/accumulated Winnings/Play Money unless the above-mentioned documents have been received and verified within the time- period stipulated by Cashgrail. Only to those winners who successfully complete the verification process and provide the required documents within the time limit specified by Cashgrail shall the Agent provide for (at the instructions of Cashgrail on behalf of the User, to which the User expressly consents) withdrawal/receipt of their accumulated Winnings/Play Money (or any part thereof).
Users will be required to provide valid photo identification and address proof documents for proof of identity and address in order for Cashgrail to process the withdrawal request. The name mentioned on the User’s photo identification document should correspond with the name provided by the User at the time of the KYC check being conducted by Cashgrail or its Agent, as well as the name and address existing in the records of the User’s bank account as provided to Cashgrail or its Agent. In the event that no bank account has been registered by the User against such User’s account with Cashgrail, or the User has not verified his/her User account with Cashgrail, to Cashgrail’s satisfaction and in accordance with these Terms, Cashgrail shall provide such User with a notification to the User within the app or via SMS by Cashgrail and the User shall register a bank account with his/her User Account and/or to verify his/her User Account to proceed with withdrawal requests.
Cashgrail shall scrutinise all documents submitted and may, at its sole and absolute discretion, disqualify any winner from withdrawing his accumulated Winnings (or any part thereof) on the following grounds:
The User represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate.
Users are required to provide proper and complete details at the time of registration. Cashgrail shall not be responsible for communications errors, commissions or omissions including those of the Users due to which the results may not be communicated to the Winner.
Where any of the fixtures within a game are cancelled or abandoned without an official result, all game entries are considered void and the Contribution shall be duly refunded to User. There are no prize/winnings pay-outs and Platform Fee charges for these voided games.
If, in a transaction performed by you on the Platform, money has been charged to your card or bank account and respective amount is not added in your Cashgrail Account within 24 hours of the completion of the transaction, then you shall inform us by sending an e-mail to firstname.lastname@example.org. Please include the following details in the e-mail: your mobile number, transaction value, transaction date and transaction ID. Cashgrail will investigate the incident and, if it is found that money was indeed charged to your card or bank account without delivery of the balance in your Cashgrail Account, then you will be refunded the money within 7 business days from the date of receipt of your e-mail. All refunds will be credited to your Cashgrail Account.
Cashgrail reserves the right to withdraw and/or cancel any game(s) to be conducted or already conducted, without prior notice to any Users or winners of any game(s). In such an event, Cashgrail shall refund the amount of Contribution contributed by each participant. Further, Cashgrail reserves a right to recover the Prize Money won by the Participants, in case of termination of the game(s) which have already been conducted/concluded where there has been any technical errors, nullification of the results due to player manipulation, collusive or fraudulent gameplay, or incorrect declaration of winnings.
The User hereby consents to the transfer of his/her wallet balance from the games offered on other Cashgrail games on apps/websites to the Platform. We are liable to refund only the amounts you add to the wallet which are left unused in the wallet.
The Users agree and acknowledge that should the User Account remain inactive for a period of 12 months, the wallet balances shall expire, and after such period as statutorily permitted, Cashgrail will forfeit such amount in the User’s wallet and shall use such amounts, inter alia for spreading awareness on responsible online game play. Cashgrail will periodically notify the User of the existence of such unused balance and the forfeiture thereof 45 days prior to the date of expiry of the wallet amount by way of SMS, email, or call. The User agrees that if the User does not use the Services or utilize the amount in the wallet, or request for refund (where applicable), during such notice period then he/she consents to the forfeiture of the amount in the wallet.
If it comes to the knowledge of Cashgrail that a User is operating multiple accounts, any balance in such User’s accounts is liable to be forfeited by Cashgrail in addition to the suspension/termination of such accounts.
Winners will be decided on the basis of the scores of the players in a designated round of a game(s). The Users with the highest aggregate score in a particular round shall be declared the Winner(s). In certain pre-specified games, Cashgrail may declare more than one Winner and distribute prizes to such Winners in increasing order of their aggregate score at the end of the designated round of the game. The contemplated number of Winners and the prize due to each Winner in such game shall be as specified on the game page prior to the commencement of the game.
As a general practice, winners may be required to provide following documents:
Cashgrail shall not permit a Winner to withdraw his/her prize(s)/accumulated winnings unless the above-mentioned documents have been received and verified within the time-period stipulated by Cashgrail, and the process prescribed in these Terms has been duly followed.
The User represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate.
All winnings from a game which are in excess of INR 10,000/-, shall be subject to deduction of tax at source (‘TDS’) under section 194B of the Income Tax Act 1961 (‘the Act’) at the rate of 30% (excluding surcharge and cess). The winnings shall be the difference between Prize Money Amount won in a game less the Contribution paid by the User. This tax shall be deducted before the winnings are credited into the game winnings wallet. In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by Cashgrail in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable taxes, including but not limited to, income tax, gift tax, etc. in respect of the Prize Money.
The decision of Cashgrail with respect to the awarding of prizes shall be final, binding and non-contestable.
To the extent permitted by law, Cashgrail makes no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same.
Cashgrail may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Users shall not raise any claim against Cashgrail or question its right to modify such prizes being offered, prior and after the closure of the game.
The Winners shall bear all transaction charges levied for delivery of cash prizes. All prizes are non-transferable.
Cashgrail is committed to promoting fair play on our Platform.
Our compliance team will track game play of all Users and strict action will be taken against any User(s) caught colluding or indulging in unfair game practices to cause undue advantage or undue disadvantage to any other User. By agreeing to these Terms, you agree not to indulge in any unfair game practice that may provide undue advantage to you or any other User and contravention of our Responsible Gaming and Fair Play Policy .
We reserve the right to take any necessary action, as it deems fit, against Users found indulging in unfair means. The action could include, inter alia, monetary penalties, temporary account suspension, redemption blocking and/or permanent account deactivation.
Depositing and withdrawing without playing any or a reasonable amount of game(s) is a violation of our fair play deposit and withdrawal policy. Any User found committing such an action is in violation of our fair play deposit and withdrawal policy and further to investigation is subject to a penalty fee.
Any User will be deemed to be a fraud User for any reason, for example, found depositing or withdrawing from/to a fraudulent account or account not belonging to the User and/or account/card belonging to someone else without such cardholder’s consent, is subject to legal consequences including but not limited to withholding or stopping any withdrawal or use of the User’s Account Balance and blocking of the User’s Account.
M. Intellectual Property
The Cashgrail Platform includes a combination of content created by Cashgrail, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights (Intellectual Property Rights) in all software underlying Cashgrail and the Cashgrail Platform and material published on the Cashgrail Platform, including (but not limited to) games, games’ software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and flash animation, is owned by Cashgrail, its affiliates, partners, licensors and/or associates. Users may not modify, publish, store, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit or use any of the materials or content on the Cashgrail Platform either in whole or in part without express written license from Cashgrail. Nothing in this Agreement shall be construed to convey, and the Users by virtue of this Agreement shall not acquire, any ownership or other interest or right in any intellectual property any of the materials or content on the Cashgrail Platform.
Users may request permission to use any Cashgrail content by writing in to Cashgrail Helpdesk.
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 Cashgrail (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 of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on Cashgrail. Users agree to indemnify and hold harmless Cashgrail, its directors, employees, affiliates and assigns against all costs, 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 Cashgrail, by such User or through the User’s commissions or omissions. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Cashgrail in asserting any available defences.
Users hereby grant to Cashgrail and its affiliates, partners, licensors and associates a worldwide, irrevocable, perpetual, royalty-free, non-exclusive, sub-licensable license to use, store, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users’ Content for any of the following purposes:
All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Cashgrail 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 Cashgrail.
N. Testimonial Terms
Cashgrail may capture and obtain visual and/or audio recordings or performances, still images of the User, and text provided by the User for the testimonial being provided towards the games (the results of which are the Recordings). The Recordings provided by the User are voluntary and Cashgrail is the sole and exclusive owner of all rights in and to the Recordings, and all elements thereof (including, without limitation, the copyright thereto). Without prejudice to the above, the user grants to Cashgrail a perpetual royalty free license, to publicly use, distribute, reproduce, create derivative works from, and perform/display the the user’s name, voice, likeness, appearance, biographical information and other indicia of its identity as included in the Recordings and any excerpts or version thereof for their marketing, in any language, and without any geographical limitation. Cashgrail may incorporate to the recordings and any separate content (e.g., quotes, photos, videos, artwork, materials, etc.) to market their platform and services. The user also hereby waives any right to inspect or approve the finished matter based on the Recording that may be used now or in the future, whether that use is known to the user or unknown.
Cashgrail is not obligated to use the Recordings if it so wishes. The User will not attempt to enjoin or otherwise impair Cashgrail’s use of the Recordings that is in accordance with this Release.
O. Third Party Sites, Services and Products
Cashgrail 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. Cashgrail does not exercise control over any Internet sites apart from Cashgrail and cannot be held responsible for any content residing in any third-party Internet site. Cashgrail’s inclusion of third-party content or links to third-party Internet sites is not an endorsement by Cashgrail of such third-party Internet site.
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 Cashgrail 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.
Cashgrail Platform contains content that is created by Cashgrail as well as content provided by third parties. Cashgrail does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the Cashgrail Services provided on the Cashgrail Platform including while participating in any of the games hosted on the Cashgrail Platform.
Q. Disconnection and Technical Issues
You understand and acknowledge that once a game has commenced, not being able to play due to slow internet connections, faulty hardware, technical failure due to customer’s hardware, internet connection failure, low computer configuration or for any other reason not attributable to us does not require us to a refund of the participation amount you may have paid for participation.
In case of any technical failures, server crashes, breakdowns, software defects, disruption or malfunction of service at our end, as a policy, we will cancel the game(s) and refund the participation amounts after proper verification and no service fee will be charged for such games and you accept that we are not responsible to you in all such cases. For any game, we have the right to cancel and refund the participation amount. In no case, other than a server crash, are we accountable for any of the Users’ disconnections from server. We are also not liable for any prospective winnings from any incomplete game.
We do not hold any liability to any disconnection, lag, freeze or interference in the network on the User’s computer or any other external networks.
By registering, you are considered to have accepted and understood all the Terms. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of these Terms by you does not amount to surrendering or waiving our rights to act with respect to any prior, concurrent, subsequent or similar breaches.
If any judicial or quasi-judicial body in India declares any of the provisions of these Terms to be unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the remaining provisions will not be affected. Any such inappropriate term or condition will be replaced with another term or condition that is valid and enforceable and is most nearly of similar effect as the original invalid term. In such event, the parties shall be obligated to construe and interpret the void, illegal, or unenforceable provision with a valid, legal, and enforceable provision in such manner that corresponds as closely as possible to Cashgrail’s intent and objective in the void, illegal, or unenforceable provision.
Cashgrail disclaims any and all warranties, expressed or implied, in connection with the underlying software and the merchantability and utility thereof of the Platform, and the game(s), all of which are provided to the User as is. Your access and use of the Platform is at your sole risk. Cashgrail explicitly disclaims all warranties or conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability, completeness, availability, security, compatibility and fitness for a particular purpose.
Without limiting the foregoing, Cashgrail does not represent or warrant:
No person affiliated, or claiming affiliation with the Platform has authority to extend such warranties.
Without limiting the generality of the foregoing, to the maximum extent permitted by applicable law, we shall have no liability for any damages or injury caused, in whole or in part, by contingencies or issues beyond our reasonable control, including, but not limited to: the acts of third parties, errors in the content or the Platform, network failures, internet failures, software and hardware failures, viruses and other system attacks, labour stoppages, riots, acts of government or god, natural disasters, acts of terrorism, communication line failure, or theft, destruction of, unauthorized access to, alteration of or use of records.
To the maximum extent permitted by applicable law, you hereby agree that you shall have no remedy in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
The foregoing limitations shall apply regardless of whether (i) liability or damage is alleged for breach of contract, tortious behaviour, negligence, or under any other theory or cause of action, and/or (ii) the party against which liability or damages is sought was advised of the possibility thereof. For the avoidance of doubt, nothing in these Terms shall limit or exclude liability for (i) death or personal injury caused by negligence; or (ii) fraud.
To the maximum extent permitted by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, the Platform, or any part thereof, must be asserted within one (1) year after such claim or cause of action arose, or it shall be forever barred.
You agree and acknowledge that Cashgrail does not promise or ensure that you will be able to access your Account whenever you want. It is entirely possible that you may not be able to access your Account or the Platform provided by Cashgrail at times or for extended periods of time due to, but not limited to system maintenance and updates.
You agree and acknowledge that participation in the games of skill organized by us may result in financial loss to you. With full knowledge of the facts and circumstances surrounding the game(s), you are voluntarily participating in the game(s) and assume all responsibility for it and the risk resulting from your participation, including all risks of financial loss. Cashgrail makes no guarantees, warranties, representations, or other promises relating to the game(s), and assumes no liability or responsibility for any financial loss that you may sustain as a result of participation in the game(s). You will be solely responsible for any delay and/or damage to your computer systems or loss of data that results from the installation of any software on your device and we expressly disclaim liability for any such failure delay or failure.
You agree to assume the entire risk as to the results and performance of any software and/or game(s) availed by you on the Platform. As such, result and performance among other things depends on your Internet connection and hardware. You also assume the entire cost of all servicing, repair and/or correction of your hardware when you access, download or execute software or game(s) available on the Platform. We explicitly disclaim liability for any delay or failure to perform resulting from installation of any software on your computer.
You specifically acknowledge, agree and accept that we are not liable to you for: (i) the defamatory, offensive or illegal conduct of any other User or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another User or otherwise; (ii) any loss whatsoever arising from the use, abuse or misuse of your Account on our Platform; (iii) any loss incurred in transmitting information from you to our Platform by the Internet or by other connecting media; (iv) any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communication lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Platform; (v) the accuracy, completeness or currency of any information services provided or any statistics shown on the Platform.
T. Indemnification and Limitation of Liability
You clearly understand and agree that Cashgrail shall under no circumstances (including, without limitation, in contract, negligence or other tort), be liable for any direct, indirect, ancillary, special, incidental, consequential or exemplary or punitive damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data or other intangible loss (even if Cashgrail has been advised of the possibility of such damages), resulting from or arising out of the use of or the inability to use the Platform, even if we have been advised or become aware of the possibility of such damages or loss or that such loss was foreseeable.
You agree to indemnify us and each of our respective general and limited partners, Users, shareholders, directors, officers, employees, agents, representatives, vendors and business partners harmless from and against any and all claims, liabilities, obligations, losses, costs or debt, damages and expenses (including attorneys’ fees and court costs) arising out of or relating to:
This indemnification obligation will survive the expiry or termination of these Terms and your use of the Platform.
There could be instances where Cashgrail is not able to receive prompt updates about the change in applicable laws of your place of stay. It is your obligation to ensure that any activities you engage on the Platform are legal as per the applicable laws. You agree to indemnify and hold harmless, Cashgrail or its Platform, from any claim, demand, damage, or loss whatsoever coming out due to your non-compliance with the laws of your jurisdiction.
We may change, suspend or discontinue any aspect of the Platform at any time, including the availability of any Platform feature, database, or content. We may also impose limits on certain features, promotions, and services or restrict your access to parts of the Platform, without notice or liability at any time in our exclusive discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose. However, under normal circumstances, we will only do so where there has been conduct that we believe violates these Terms or other rules and regulations or guidelines posted on the Platform or conduct which we believe is harmful to other Users, to our businesses, or other information providers.
Upon any termination of this agreement, you shall immediately discontinue your use and access to the Platform and destroy all materials obtained from it. You hereby agree and consent to the above and agree and acknowledge that we can, at our sole discretion, exercise our right in relation to any or all of the above, and that we shall not be liable in any manner of the same; and you agree, acknowledge and consent to the same.
You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law and jurisdiction, confidentiality shall survive the efflux of time and the termination of these Terms.
V. Agreement with Agent
Cashgrail shall enter into a separate agreement with the Agent for regulating their inter-se contractual obligations to give effect to these Terms from time to time, as it considers appropriate and necessary in its sole discretion.
Acceptance of a prize by the Winner constitutes permission for Cashgrail, and its affiliates to use the Winner’s name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and/or additional compensation whatsoever. The Winners further undertake that they will be available for promotional purposes as planned and desired by Cashgrail without any charge. The exact dates remain the sole discretion of Cashgrail. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
In case You have any grievance with respect to the Platform or the Cashgrail Services, You can send an email to Mr Avijit Sharma at email@example.com (hereinafter referred to as “Nodal Officer” and “Grievance Officer“). We reserve the right to replace the Nodal Officer at any time without any notice or intimation to You. You can directly escalate to our management team by contacting our Nodal Officer. Any queries raised by Users will be acknowledged within 48 hours and a ticket will be raised. Cashgrail will redress the compliant as soon as possible and in any case within 30 days.
Subject to the clauses below, the courts of competent jurisdiction at Haryana shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with the Platform provided by Cashgrail (including the Game(s)), the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the Users), 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 fifteen (15) days of receipt of Notification, the dispute shall be settled by confidential arbitration.
The place of arbitration shall be Haryana, 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 parties shall mutually appoint a sole arbitrator.
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 Terms shall prevent Cashgrail from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard its 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 courts of competent jurisdiction at Haryana to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Cashgrail to pursue any remedy for monetary damages through the arbitration described herein.