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Your use of product and/or services (hereinafter referred to as "Services) offered by Earnzee Media LLP and/or its partners, subsidiaries, affiliates and associates (hereinafter referred to as "Earnzee " or "We" or "Us" or "Our") through the Earnzee App - www.earnzee.com (hereinafter referred to as "Earnzee App") is subject to the following terms of service (hereinafter referred to as "Terms") Any/every user is required to read all the terms carefully before using our services. All the terms are binding on all the users, who can avail our services only when they are complying to the terms at all times. Users are also required or considered to be fully aware of all the updated or modified or published terms. In an event where one or more of our terms are determined to be invalid, unlawful for any reason by a judicial or quasi-judicial body in India, the validity or enforceability of our remaining terms will not be affected as they will stay valid and binding on all users.
Any user who doesn't accept our terms of services can or should stop the use of any feature of our Earnzee App.
BEFORE REGISTERING WITH US, YOU SHOULD CAREFULLY READ AND REVIEW THE TERMS PROVIDED ON EARNZEE SITE WHICH ARE APPLICABLE TO ALL SERVICES ON THE Earnzee App AND ALSO THE PRODUCT-SPECIFIC CONDITIONS AND RULES APPLICABLE TO SPECIFIC OFFERINGS.
A person who is 18 or more years of age is eligible to use our services, however, if a person violates age restrictions, it's his/her sole responsibility to bear the legal actions that might follow.
3. Legality of Game of Skill:
3.1 Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
3.2 By participating in Earnzee EZPlay Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
4.2 “Applicable Law” means all laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, orders, permits, tariffs and approvals, including those relating to health and safety, of any governmental authority or self-regulatory guideline that may apply to the Users or is related to the subject matter of this Agreement as applicable in the territory of India.
4.3 “Contest” is a skill based competition offered by Earnzee on the Platform in which Users compete by playing the Mobile Games on the Platform. Contests can be either ‘paid’ or ‘free to play’. Paid Contests require the Users to pay an Entry Fee for participation, whereas free to play Contests are open to all Users without any Entry-Fee.
4.4 “EZCash Balance” is the credit amount available in an Account earned through various activities across the app by participating in Contests, claiming rewards etc. EZCash can be withdrawn by a user to their external wallets or banks. These methods refer to those available in the official Earnzee mobile app only.
4.5 “EZCoin Balance” is the credit amount available in an Account earned through various activities across the app, claiming rewards or includes amount added by a User through 'Topup EZCoins' module of the app.
4.6 "Treasure Keys Balance” is the amount available in an Account earned through various activities across the app, claiming rewards or includes amount earnzed from 'EZ Treasure' module of the app.
4.7 “Deposit” is the amount added by the User to his/her Account through his/her preferred payment mode (e-wallet, debit/credit cards, UPI/BHIM, net banking). The Deposit conversion ratio is INR. 1/- (Rupees One Only) = INR 1 (one). Only EZCoins can be added to your balance. The conversion ratio is 1 EZCoin = 1 INR.
4.8 “Entry-Fee” refers to the fee which Users pay available in their Account to participate in a Contest on the Platform.
4.9 “Mobile Games” refers to the digital games of skill available on the Platform developed by Earnzee or Third-Party Game Developers.
4.10 “Winnings” are awards (either in the form of EZCash, EZCoins or promotional gifts) given to a User for winning or/and performing well in a particular Contest on the Platform.
5. User Representations:
5.1 Any information provided by you to us, whether at the stage of registration or during anytime subsequently, should be complete and truthful.
5.2 You represent that you are 18 years of age or older to participate in any contest involving EZCash and are also otherwise competent to enter into transactions with other users and Earnzee. You are aware that participation in the Games organized by us ("Activity") may result in financial loss to you. With full knowledge of the facts and circumstances surrounding this Activity, you are voluntarily participating in the Activity and assume all responsibility for and risk resulting from your participation, including all risk of financial loss. You agree to indemnify and hold Earnzee, its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with your participation in the Activity.
5.3 You represent that you have the experience and the requisite skills required to participate in the Activity and that you are not aware of any physical or mental condition that would impair your capability to fully participate in the Activity. You further acknowledge that you are solely responsible for any consequence resulting from your participating in this Activity or being associated with this Activity or around this Activity. You understand that Earnzee assumes no liability or responsibility for any financial loss that you may sustain as a result of participation in the Activity.
5.4 You understand and accept that your participation in a Game available on the Earnzee App does not create any obligation on us to give you a prize. Your winning a prize is entirely dependent on your skill as a player vis-a-vis other player in the Game and subject to the rules of the Game.
5.5 You understand and agree that you are solely responsible for all content posted, transmitted, uploaded or otherwise made available on the Earnzee App by you. All content posted by you must be legally owned by or licensed to you. By publishing any content on the Earnzee App, you agree to grant us a royalty-free, world-wide, non-exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display, and publicly perform your content and to use such content in any related marketing materials produced by us or our affiliates. Such content may include, without limitation, your name, username, location, messages, gender or pictures. You also understand that you do not obtain any rights, legal or equitable, in any material incorporating your content. You further agree and acknowledge that Earnzee has the right to use in any manner whatsoever, all communication or feedback provided by you.
5.6 You understand that the funds in your user account held by Earnzee do not carry any interest or return.
5.7 You shall not hold Earnzee responsible for not being able to play any Game for which you may be eligible to participate. This includes, but is not limited to situations where you are unable to log into your user account as your user account may be pending validation or you may be in suspected or established violation of any of the Terms.
5.8 You understand and accept that by viewing or using the Earnzee App or availing of any Services, or using communication features on the Earnzee App, you may be exposed to content posted by other users which you may find offensive, objectionable or indecent. You may bring such content posted by other users to our notice that you may find offensive, objectionable or indecent and we reserve the right to act upon it as we may deem fit. The decision taken by us on this regard shall be final and binding on you.
6. User Account Creation and Operation:
7.1 To use our Services, you will need to register with us on the app.
7.2 By completing the online registration process on the app, you confirm your acceptance of the Terms.
By registering on Earnzee, you agree to receive promotional messages relating to Contests & Bonus through SMS, Email and Push Notifications. You may withdraw your consent by sending an email to [email protected]
7.3 You understand and agree that you cannot transfer any sum from your user account with us to the account of another registered user on the app except as may be permitted by Earnzee and subject to restrictions and conditions as may be prescribed.
7.4 We are legally obliged to deduct tax at source (TDS) on winnings of more than Rs. 10,000/- in a single contest, or a single game, as the case may be. In these cases, you will be required to furnish your Permanent Account Number (PAN) duly issued to you by the Income Tax authorities if you have not already done so. TDS at the rate of 30% will automatically be deducted from such winnings and the rest will be credited to your Earnzee user account. Withdrawal of these winnings will only be permitted upon your providing your correct PAN details. These limits and rates are subject to change as per the prevailing rules and regulations. Earnzee's obligation is this regard is limited to deducting TDS as required by law and providing you an appropriate certificate of tax deduction. We neither advise you nor shall in any manner be responsible for your individual tax matters.
7.5 We reserve the right to verify your PAN from time to time and to cancel any prize should your PAN be found inconsistent in our verification process.
7.6 Once you have completed the registration process, it would mean that our terms have been accepted by you and that they will be binding on you across all our services.
7. User Restrictions:
8.1 Anti-Cheating and Anti-Collusion: You undertake that you yourself will play in all Games in which you have registered/joined and not use any form of external assistance to play. You shall not add unauthorized components, create or use cheats, exploits, bots, hacks or any other third-party software designed to modify the app or use any third-party software that intercepts, mines or otherwise collects information from or through the app or through any Services. Any attempt to employ any such external assistance is strictly prohibited.
8.2 Formation of teams and collusion between you and any other user(s) for participating in contests organized on the app or any other form of cheating is strictly prohibited.
8.3 Sending SPAM emails or any other form of unsolicited communication for obtaining registrations on the app to benefit from any promotional program of Earnzee or for any other purpose is strictly prohibited.
8.4 Multiple IDs: Your registration on the Earnzee App is restricted to a single user account which will be used by you to avail of the Services provided on the app. You are prohibited from creating or using multiple user IDs for registering on the Earnzee App.
8.5 In the event we determine that the username created by you is indecent, objectionable, offensive or otherwise undesirable, we shall notify you of the same and you shall promptly provide us with an alternate username so that we can change your existing username to the new name provided by you. If you fail to provide an alternate name, we reserve the right to either permanently suspend your user account or restore your user account only after a different acceptable username has been provided by you.
8.6 You shall not host, intercept, emulate or redirect proprietary communication protocols, used by the Earnzee App, if any, regardless of the method used, including protocol emulation, reverse engineering or modification of the Earnzee App or any files that are part of the Earnzee App.
8.7 You shall not frame the Earnzee App. You may not impose editorial comments, commercial material or any information on the Earnzee App, alter or modify Content on the Earnzee App, or remove, obliterate or obstruct any proprietary notices or labels.
8.8 You shall not use Services on the Earnzee App for commercial purposes including but not limited to use in a cyber cafe as a computer gaming centre, network play over the Internet or through gaming networks or connection to an unauthorized server that copies the gaming experience on the Earnzee App.
8.9 You shall not upload, distribute or publish through the Earnzee App, any content which may contain viruses or computer contaminants (as defined in the Information Technology Act 2000 or such other laws in force in India at the relevant time) which may interrupt, destroy, limit the functionality or disrupt any software, hardware or other equipment belonging to us or that aids in providing the services offered by Earnzee. You shall not disseminate or upload viruses, programs, or software whether it is harmful to the Earnzee App or not. Additionally, you shall not impersonate another person or user, other user account information, or other private information from a user, or harvest user information.
8.10 You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your user account, Content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Earnzee App.
8.11 Any form of fraudulent activity including, attempting to use or using any other person's credit card(s), debit cards, net-banking usernames, passwords, authorization codes, prepaid cash cards, mobile phones for adding cash to your user account is strictly prohibited.
8.12 Accessing or attempting to access the Services through someone else's user account is strictly prohibited.
8.13 Winnings, bonuses and prizes are unique to the player and are non-transferable. In the event you attempt to transfer any winnings, bonuses or prizes, these will be forfeited.
8.14 If you are an officer, director, employee, consultant or agent of Earnzee or a relative of such persons ("Associated Person"), you are not permitted to play either directly or indirectly, any Games which entitle you to any prize on the Earnzee App, other than in the course of your engagement with Earnzee. For these purposes, the term 'relative' shall include spouse and financially dependent parents and, children.
8.15 You shall not post any material or comment, on any media available for public access, which in our sole discretion, is defamatory or detrimental to our business interests, notwithstanding the fact that such media is not owned or controlled by us. In addition to any other action that we may take pursuant to the provision hereof, we reserve the right to remove any and all material or comments posted by you and restrict your access to any media available for public access that is either controlled or moderate by us; when in our sole opinion, any such material or comments posted by you is defamatory or detrimental to our business interests.
9. Transactions & Payments:
9.1 All transactions on the Earnzee App shall be in Indian Rupees for people living in India and in US Dollars for people living in countries other than India.
9.2 Once you register on our Earnzee App, we maintain a user account for you to keep a record of all your transactions with us. Payments connected with participation in Cash Games have to be made through your Earnzee user account. All cash prizes won by you are credited by us into this user account.
9.3 When making a payment, please ensure that the instrument used to make the payment is your own and is used to Topup Coins into your user account only.
9.4 Subject to the Topup Coins limits specified by us from time to time, you are free to deposit as much money as you want in your user account for the purpose of participating in Paid Contests on the Earnzee App.
9.5 Credit card, Debit card, prepaid cash cards and internet 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. If there are any issues in connection with adding coins, a complaint may be sent to us following the complaints procedure provided in "Complaints and disputes" section below. You agree that in such an event of your credit being delayed or eventually declined for reasons beyond our control, we will not be held liable in any manner whatsoever. Once a payment/transaction is authorized, the funds are credited to your user account and are available for you to play Games.
9.6 We have the right to cancel a transaction at any point of time solely according to our discretion in which case if the payment is successful, then the transaction will be reversed, and the money credited back to your payment instrument.
9.7 Player funds are held in trust by us in specified bank accounts. Earnzee keeps all players' funds unencumbered which will be remitted to you in due course subject to the terms and conditions applicable to withdrawal of funds. Funds held in your user account are held separately from our corporate funds. Even in the highly unlikely event of an insolvency proceeding, your claims on the deposits will be given preference over all other claims to the extent permissible by law.
10.1 Awards for all Contests shall be pre-declared at the time of registration in the specific rules applicable to such Contest. Awards may be in the form of EZCash, EZCoins, Treasure keys or EZ Experience (EZXP).
10.2 Users are eligible to withdraw only EZCash Winnings from his/her Account to his/her respective bank/wallet account.
10.3 KYC verification may be required as a proof of identity for making withdrawals from Your Account to Your bank/wallet account. KYC verification may be done through the Platform by providing certain details: (I) photograph of a valid government ID (Aadhaar Card, Driving License, PAN Card, Voter Card, Driving License etc.) and (II) other User Details.
10.4 Any tax/levies/duty etc., as applicable on material prizes, shall be paid by the winner of the game. Based on TDS (tax deducted at source) Rules for any sort of game winning in India, 31.2% TDS should be deducted on any winning above Rs.10,000/- in a single game.
11. Service Connectivity Issues:
You are aware that any internet connectivity issues, disruptions due to your local internet environment, setup of software or hardware on your end are not controlled/corrected by Earnzee. Hence, the Earnzee App will not be liable for any halts, breaks or interruptions in your usage of our services.
12. User Account Suspension and Voluntary Termination:
12.1 We reserve the right to suspend or terminate your account with us if we find you violating the terms of our Earnzee App or breaching security of our Earnzee App. You understand that our decision to suspend or terminate your services is binding on you and it is at our sole discretion.
12.2 If the need be, you can opt out of using our services at any point of time by contacting us at [email protected] In such an event, your withdrawable cash balance, analyzed following our verification, will be transferred to you via available withdrawal methods.
12.2 Breach and Consequences:
If we find any user breaching our security and privacy protocols, following an internal investigation, we may decide to undertake a range of actions, depending upon the severity of the detected breach. We reserve the sole right to act and take one or more of the following actions:
We can stop the services, indefinitely, on a user's account
We can permanently terminate a user's account on our Earnzee App.
We can collapse the withdrawable cash in your account.
We can demand compensation for the damages occurred because of a breach and even prosecute a user for offensive violations, violations contrary to prevailing law, if need be.
We can bar you from registering on our Earnzee App in the future.
13. Complaints and Disputes:
A user with a complaint can approach our customer care team for resolution by writing to [email protected] . The user with a complaint is required to understand that all complaints and disputes at Earnzee are to be kept confidential. We will act to resolve complaints in standard time. Any decision taken by Earnzee, following a complaint, will be binding on the user. Any dispute, controversy or hold against the company shall be subject to the exclusive jurisdiction of the civil courts at Chennai only.
14. Content & promotions
All content and material on the Earnzee App including but not limited to information, images, marks, logos, designs, pictures, graphics, text content, hyperlinks, multimedia clips, animation, games and software (collectively referred to as "Content"), whether or not belonging to Earnzee, are protected by applicable intellectual property laws. Additionally, all chat content, messages, images, recommendations, emails, images sent by any user can be logged/recorded by us and shall form part of Content and Earnzee is free to use this material in any manner whatsoever, however, in no manner detrimental to the interest of the user.
15. Contests Rules
15.1You agree to abide by the rules and regulations of each of the Contests. You should ensure that you have read and understood the rules and regulations of the Contests. These Game Rules form part of the Agreement and can be found on the 'Contest rules/how to play' section under each and every contest of the app We may, from time to time, make additional contests available as part of the Services. This Agreement will apply to any contest Rules relating to such Contests. We will let you know about, and give you the opportunity to read, such Contest Rules at the time of introducing additional Contests to the Site. We reserve the right to determine the results and winners of each of the Contests in accordance with the Contests Rules. By registering and/or participating in any Contests or tournament you agree by these determinations and shall not be open to challenge.
15.2In case there is a tie between 2 or more player ranks, then the prize money will be divided equally between the players. Suppose, if there are 2 winners tied for the 2nd position, then the sum of 2nd and 3rd position prize money will be added and divided by 2 and distributed equally between 2 winners and the next highest scorer will be awarded 4th rank. We round off the prize money and entries in case of percentage based leagues to make the experience flawless for our users.
16. Disclaimer & indemnity & Limitation of liability
16.1 Intellectual Property: All rights, tangible and intangible, including copyright and other intellectual property rights, with regards to the Services, the Site and the platform, and any content or information displayed or contained therein, belong exclusively to the Company, unless expressly provided otherwise. The Company is merely permitting the User to play Games online and not use the same for any other commercial gain, and no right of any nature whatsoever is being passed on the user by virtue of permitting him / her to play the Game. Using the Services, the Site and the platform does not, expressly or impliedly, give you ownership of any intellectual property rights in the Services, Site or Software or the content or information you access. The company hold the rights over any content which may be generated by Users, including but not limited to the contents of chat messages or message boards/forums, you acknowledge that the Company is not responsible for such User-generated Content. You understand that you will be accessing such User-generated Content at your own risk, and will not hold the Company responsible for an obscene, defamatory, illegal or otherwise offensive User-generated Content which may be displayed or accessible.
16.2 The Company reserves the right to change, amend, add and modify these Terms of Service at any time and without notice to the Users. The Users shall be responsible for regularly reviewing these Terms of Service, to obtain timely notice of such changes. Users' continued use of the Earnzee App after changes are posted constitutes their acceptance of the amended Terms of Service.
16.3 The failure of either Party to insist upon a strict performance of any of the terms or provisions herein or to exercise option, right or remedy herein contained, shall not in future be construed as waiver or a relinquishment of such terms, provisions, option, right or remedy but the same shall continue and remain in full force and effect. No waiver by either Party of any term or provision hereof shall be deemed to have been made unless expressed in writing and signed by such Party.