fbpx

 

1. The Terms

  • These Terms and Conditions are a legally binding document and are an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and rules made thereunder. These Terms and Conditions must be read in conjunction with the Terms of Use of the App (hereinafter referred to as “Terms of Use”) and the Privacy Policy of the App (hereinafter referred to as “Privacy Policy”). These Terms of Service (the “Terms”) are a legal and binding agreement between users (“Users”) and GMNG Entertainment Private Limited (referred to as the “GMNG”), about all games and applications made available by GMNG (jointly and interchangeably referred to as the “Services”), and any information, text, graphics, video, sound, pictures, and any other materials appearing, sent, uploaded, communicated, transmitted or otherwise made available via the above-mentioned Services (jointly referred to as the “Content”).
  • By accessing and/or using the Services, Users agree to be bound by these Terms and GMNG Privacy Policy, as stated in paragraph 5.
  • Users state that they are of legal age (minimum 18 years of age) to access the Services and Content, or if legally possible, to access with their legal guardian consent, due authorization, and agreement with these Terms.
  1. Important Notice:
    • THE CONTEST IS OPEN ONLY TO INDIAN CITIZENS, RESIDING IN INDIA EXCEPT FOR THE RESIDENTS OF THE INDIAN STATES OF ASSAM, ORISSA, ANDHRA PRADESH, TAMILNADU, AND TELANGANA.
    • CITIZENS AND/OR RESIDENTS OF COUNTRIES OTHER THAN INDIA ARE NOT ELIGIBLE TO PARTICIPATE IN THE CONTEST.
    • IF YOU ARE RESIDING AND/OR ACCESSING THE APP FROM ANY REGION/STATE/COUNTRY WHERE THE CONTEST IS PROHIBITED OR RESTRICTED BY LAW OR OTHER REASONS, THEN YOU ARE PROHIBITED FROM REGISTERING AND PARTICIPATING IN THE CONTEST. YOU ARE RESPONSIBLE FOR COMPLIANCE OF ANY LAWS THAT ARE APPLICABLE ON YOUR COUNTRY/DOMICILE/STATE/RESIDENCE. IN CASE YOU PARTICIPATE IN THE CONTEST BY MISREPRESENTATION, THEN GMNG SHALL IN ITS SOLE DISCRETION HAVE THE RIGHT TO DISQUALIFY YOU AT ANY STAGE OF THE PROCESS, FORFEIT ANY PRIZE (AS DEFINED BELOW) AND TAKE LEGAL ACTION AGAINST YOU.
    • IF YOU ARE FOUND OR SUSPECTED TO BE DEFRAUDING THE SYSTEMS OF THE CONTEST IN ANY MANNER THEN YOU SHALL BE DEBARRED FROM PARTICIPATING IN THE CONTEST AND GMNG MAY TAKE LEGAL ACTION AGAINST YOU.
    • EMPLOYEES OF GMNG, ITS RESPECTIVE HOLDING, SUBSIDIARIES, ASSOCIATE COMPANIES, AND THIRD-PARTY SERVICE PROVIDERS WHO HAVE BEEN ENGAGED BY GMNG FOR THE DEVELOPMENT, PROMOTION, ADMINISTRATION OR EXECUTION OF THE CONTEST, AND THEIR FAMILY/HOUSEHOLD MEMBERS ARE NOT ELIGIBLE TO PARTICIPATE IN THE CONTEST.
    • IN CASE OF ANY DISPUTE REGARDING THE APP OR THE CONTEST, GMNG’S DECISION SHALL BE FINAL AND BINDING.
    • GMNG RESERVES THE RIGHT TO CHANGE OR MODIFY THIS TERMS AND CONDITIONS FROM TIME TO TIME, PROSPECTIVELY OR RETROSPECTIVELY, AT ITS SOLE DISCRETION AND WITHOUT ANY PRIOR INTIMATION TO YOU. YOU ARE REQUESTED TO CAREFULLY READ THESE TERMS AND CONDITIONS FROM TIME TO TIME BEFORE USING THE APP OR PARTICIPATING IN CONTEST. IT SHALL BE YOUR RESPONSIBILITY TO CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. GMNG MAY REQUIRE YOU TO PROVIDE YOUR DIRECT OR INDIRECT CONSENT TO ANY UPDATE IN A SPECIFIED MANNER BEFORE FURTHER USE OF APP OR PARTICIPATION IN THE CONTEST. IF NO SUCH SEPARATE CONSENT IS SOUGHT, YOUR CONTINUED USE OF APP OR PARTICIPATION IN THE CONTEST, FOLLOWING SUCH CHANGES, WILL CONSTITUTE YOUR ACCEPTANCE OF THOSE CHANGES.
    • GMNG RESERVES THE RIGHT TO WITHDRAW OR DISCONTINUE OR TERMINATE THE CONTEST AT ANY STAGE WITHOUT PRIOR NOTICE AND WITHOUT ANY LIABILITY WHATSOEVER TO YOU.
    • THE CONTEST IS VOID WHERE PROHIBITED BY LAW.
    • IN ANY CONTEST, IN CASE OF A DRAW/TIE, THE FINAL DECISION WOULD BE OF THE GMNG. THERE WOULD BE NO REFUNDS IN ANY SITUATION.

2. The Services

    1. GMNG gives Users in compliance with these Terms a personal, royalty-free, non-assignable, non-exclusive, and revocable limited license to use the software that is provided as part of the Services. This license is for the sole purpose of enabling the own personal private use from Users to enjoy the Services as provided by GMNG, in the manner according to these Terms. The Services may change or be modified from time to time without prior notice or communication. Furthermore, GMNG may, at its discretion, cease totally or partially, and/or permanently or temporarily the provision of the Services or Users accounts without prior notice or communication.
    2. 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 by GMNG on the Services are subject to change. In consideration for GMNG granting you access to and use of the Services, you agree that GMNG and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
    3. When accessing games 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 shall agree and comply with.
    4. Any charges related to Users for accessing the Services, including but not limited to an internet connection and/or mobile or data charges are the full responsibility of such Users.

3. Content

    1. Subject to your compliance with these Terms, GMNG grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
    2. The Content available through the Services has not been verified or authenticated by us and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Services or any Content on the Services, relating to the quality, suitability, truth, accuracy, or completeness of any content contained in the Services. You acknowledge sole responsibility for and assume all risk arising from your use or reliance on any Content.

4. Users Accounts

    1. Users are responsible for safeguarding the password that is used to access the Services. GMNG encourages Users to use strong passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with the accounts. GMNG cannot and will not be liable for any loss or damage arising from the User’s failure to comply with the above.
    2. Users agree to take all steps necessary to protect log in details and keep them secret, and not give login details to anyone else or allow anyone else to use their login details or account, including login details and account for any social network or platform that Users may allow the Services to interact with. GMNG shall not have any responsibility for the consequences of failure by Users to these provisions and agree to fully compensate GMNG for any losses or harm that may result. Furthermore, GMNG shall not be responsible for any loss that Users may suffer as a result of unauthorized access to their accounts and/or use of the Services, and GMNG accepts no responsibility for any losses or harm resulting from this unauthorized use, whether fraudulently or otherwise.

5. The contest, Deals, and GMNG Coins

      1. GMNG may conduct promotions, including, without limitation, contests, consolation prizes, Level redemptions. Each promotion may have additional Terms and rules, which will be posted or otherwise made available to you, and for purposes of each Promotion, will be deemed incorporated into and form a part of this agreement.
      2. GMNG Coins are the virtual money which the user can earn from rewards like Spin and Wheels, GMNG Coins can be used in App purchase or users can play practice contests by using GMNG Coins. The GMNG Coins can not be transferred or withdrawn. 
      3. As for any competition or deal that’s placed in the Application, GMNG reserves complete rights for the following –
        1. Decision on competition format and content.
        2. Decision pertaining to the prizing structure viz. Mainprize, a Consolation prize.
        3. Decision pertaining to criteria of selection of winners.
        4. Decision pertaining to disbursal of prizes, gifts, and deal redemptions.
  • Usage of GMNG
      1. Any person (“User”) accessing GMNG or the GMNG App (‘GMNG platform’) for participating in the various contests and games, available on the GMNG platform (“Contest(s)”, “Tournament”) (‘GMNG Services’) shall be bound by these Terms and Conditions, and all other rules, regulations, and terms of use referred to herein or provided by GMNG in relation to any GMNG Services.
      2. GMNG shall be entitled to modify these Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by GMNG in relation to any GMNG Services, at any time, by posting the same on GMNG. Use of GMNG constitutes the User’s acceptance of such Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by GMNG in relation to any GMNG Services, as may be amended from time to time. GMNG may, at its sole discretion, also notify the User of any change or modification in these Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by GMNG, by way of sending an email to the User’s registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by GMNG. If such options are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by GMNG.
      3. Certain GMNG Services being provided on GMNG may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail.
      4. GMNG may, at its sole and absolute discretion:
        • Restrict, suspend, or terminate any User’s access to all or any part of GMNG or GMNG Platform Services;
        • Change, suspend, or discontinue all or any part of the GMNG Platform Services;
        • Reject, move, or remove any material that may be submitted by a User;
        • Move or remove any content that is available on GMNG Platform;
        • Deactivate or delete a User’s account and all related information and files on the account;
        • Establish general practices and limits concerning use of GMNG Platform;
        • Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids.
      5. In the event any User breaches or GMNG reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used GMNG or the GMNG Services, GMNG may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User’s access to all or any part of GMNG Contests or the GMNG Platform, deactivate or delete the User’s account and all related information on the account, delete any content posted by the User on GMNG and further, take technical and legal steps as it deems necessary.
      6. If GMNG charges its Users a platform fee in respect of any GMNG Services, GMNG shall, without delay, repay such platform fee in the event of suspension or removal of the User’s account or GMNG Services on account of any negligence or deficiency on the part of GMNG, but not if such suspension or removal is affected due to:
        • any breach or inadequate performance by the User of any of these Terms and Conditions; or
        • any circumstances beyond the reasonable control of GMNG.
      7. Users consent to receiving communications such as announcements, administrative messages, and advertisements from GMNG or any of its partners, licensors, or associates.
  • Third-Party Sites, Services, and Products
    1. GMNG 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. GMNG does not exercise control over any Internet sites apart from GMNGand cannot be held responsible for any content residing in any third-party Internet site. GMNG’s inclusion of third-party content or links to third-party Internet sites is not an endorsement by GMNG of such third-party Internet sites.
    2. 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 GMNG 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.
    3. GMNG contains content that is created by GMNG as well as content provided by third parties. GMNG does not guarantee the accuracy, integrity, quality of the content provided by third parties, and such content may not be relied upon by the Users in utilizing the GMNG Services provided on GMNG including while participating in any of the contests hosted on GMNG.
    4. GMNG has certain links embedded to third-party services including but not limited to YouTube. Your interaction with such third-party platform/s are governed by their policies, and we urge you to review their policies before you proceed with availing such services via the offerings of GMNG. The YouTute terms are available at https://www.youtube.com/t/terms, and the Google Privacy Policy is available at https://policies.google.com/privacy?hl=en-US. Also, to control your interaction with Google account or their services allows you to control your rights and activities, and may be accessed at https://myaccount.google.com/permissions?pli=1.

6. Privacy Policy

Any information that Users provide to GMNG is subject to the Privacy Policy, which governs the collection and use of the information. Users understand that through their use of the Services, they consent to the collection, use, and transfer of such information, as set forth in the Privacy Policy, which forms an integral part of these Terms.

    1. GMNG will only collect, process, use and share User’s information in accordance with the Privacy Policy and as set out in these Terms. By using the Services, Users give their consent to collecting, processing, using, and sharing with third parties their personal data in such a way. Users who do not agree to Privacy Policy should not access and/or use the Services. Any personal information that may be collected may also be subject to the policy of any social network that Users may link the Services to.
    2. Users acknowledge and accept that they are subject to receive occasional communications, such as service announcements and administrative messages.

7. Intellectual Property

    1. Users acknowledge that all copyright, trademarks, and other intellectual property rights relating to the Services are owned by or licensed to GMNG. By submitting Content on or through the Services, Users grant GMNG a worldwide, non-exclusive, royalty-free license -with the right to sublicense- to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute and make derivative works of such Content in any and all media or distribution methods now known or later developed.
    2. Users must not copy, distribute, make available to the public or create any derivative work from any Content belonging to GMNG and/or any other User. GMNG respects the intellectual property rights of others and expects Users to do the same. If Users or any third party believe that their Content has been copied in a way that constitutes copyright infringement, they shall provide GMNG with the following information: 
      1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
      2. identification of the copyrighted work claimed to have been infringed; 
      3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the location of the material; 
      4. contact information, including address, telephone number, and an email address;
      5. a statement that such User or a third party have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
      6. a statement that the information in the notification is accurate, and, under penalty of perjury, that such User or third party is authorized to act on behalf of the copyright owner.
    3. GMNG reserves the right to remove Content alleged to be infringing without prior notice, at its sole discretion, and without any liability.

8. Breach

    1. GMNG reserves the right at all times to remove or refuse to include, distribute and/or display any Content on the Services, suspend or terminate Users, and reclaim usernames and/or any channel name without any liability. GMNG also reserves the right to access, read, preserve, and disclose any information as it reasonably believed is necessary to satisfy any applicable law, regulation, legal process, or governmental request, enforce the Terms, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, or to protect its rights, property or safety, its Users and third parties.
    2.  Users shall not do any of the following while accessing or using the Services: access, tamper with, or use non-public areas of the Services, GMNG’s computer systems, or the technical delivery systems of GMNG’s providers; probe, scan, crack, track and/or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures; access or search or attempt to access or search the Services by any means (automated or otherwise) other than through the currently available, published interfaces provided and only pursuant to these Terms, forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. Users shall provide accurate and up-to-date information when creating their accounts and/or using the Services. Accounts are limited to one per User. The sale or transfer of any account or part of it, Content, items, and/or any part of the Services is strictly prohibited.
    3. GMNG reserves the right to suspend or terminate any access to the Services, including by terminating or deleting any accounts and any Content related without any notice or communication, if there is a reasonable belief that such User is in breach of these Terms. In the event of any breach, Users who caused shall compensate GMNG for all losses, harm, claims, and expenses that may arise.

9. Disclaimer

    1. All right, title, and interest in and to the Services, according to the provisions set on these Terms, are and will remain the exclusive property of GMNG and its licensors. Services are protected by copyright, trademark, and other laws. Nothing in the Terms gives Users any right to use the GMNG name or any of the GMNG trademarks, logos, domain names, properties, and other distinctive brand features.
    2. These Terms will continue to apply until terminated by either Users or GMNG as follows:
      1. Users may end this legal agreement with GMNG at any time for any reason, by discontinuing the use of the Services and contacting support@gmng.pro to delete their account, provided that they will still be responsible for all the conditions set in this Term for the time they used the Services. Accounts may be deactivated and/or deleted due to prolonged inactivity; 
      2. GMNG may suspend or terminate Users accounts or cease providing with all or part of the Services at any time for any reason, including, but not limited if there is a reasonable belief that such Users have violated these Terms or created a risk or possible legal exposure; or if at its own discretion the provision of the Services is no longer commercially and or technically viable.
    3. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
    4. The access to and use of the Services or any Content are at Users’ own risk. Users understand and agree that the Services are provided on an “as is” and “as available” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, GMNG disclaims all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
    5. GMNG makes no warranty and disclaims all responsibility and liability for:
      1. the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content;
      2. any harm to Users’ computer system or mobile device operating system, loss of data, or other harm that results from access to or use of the Services or any Content;
      3. the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; 
      4. whether the Services will meet Users requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from GMNG or through the Services, will create any warranty not expressly made herein.
    6. The Services may contain links to third-party websites or resources. Users acknowledge and agree that GMNG is not responsible or liable for:
      1. the availability or accuracy of such websites or resources;
      2. the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by GMNG of such websites or resources or the content, products, or services available from such websites or resources. Users acknowledge sole responsibility for and assume all risk arising from its use of any such websites or resources.
    7.  To the maximum extent permitted by applicable law, GMNG shall not be liable for any indirect, incidental, special, consequential, or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly or any loss of data, use, good-will, or other intangible losses, resulting from:
      1.  the access to, use of, or inability to access to or use the services;
      2. any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive, or illegal conduct of other Users or third parties;
      3. any Content obtained from the Services; or
      4.  unauthorized access, use, or alteration of Content; or
      5. any natural calamities.
    8. The failure of GMNG to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
    9. These terms shall be governed by and construed in accordance with the laws of the Nagaland Government as well as the Republic of India. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in the relevant courts located in the city of Delhi/New Delhi – INDIA. Users consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
    10. GMNG is a skill-based Gaming Platform i.e. skill game which is clearly defined in the recently passed by an Act of Government of Nagaland under The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, 2015 (Act No.3 of 2016) and The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Rules, 2016 in which Skill Game and allow to run/operate of this type of skill games.

As per Section 2(3) of The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, the definition of “Games of Skill” is reproduced as under,

“Games of Skill” shall include all such games where there is the preponderance of skill over chance, including where the skill relates to strategizing the manner of placing wagers or placing bets or where the skill lies in team selection or selection of virtual stocks based on analyses or where skill relates to the manner in which the moves are made, whether through the deployment of physical or mental skill or acumen”.

Explanation: For the purpose of this Act-

  • – All Games provided in Schedule A of this Act shall fall under the category of “Games of Skill”,
  • – ‘Games’ which have been declared or determined to be ‘games of skill’ by India or International courts or other statutes, or games where there are domestic and international competitions and tournaments, or games which can be determined to be ‘games of skill’ shall further be entitled to be included in Schedule A,
  • – Games of skill may be (a) Card based and (b) action/virtual sports /adventure/ mystery and (c) calculation/Strategy/quiz based.”

Supreme Court of India in the case of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) wherein the word Games of Skill has clearly been stated which is reproduced as under,

A game of skill, on the other hand- although the element of chance necessarily cannot be eliminated is one in which success depends principally upon the superior knowledge, training attention, experience, and adroitness of the player. Golf, chess, and even Rummy are considered to be games of skill. The Courts have reasoned that there are few games, if any, which consists purely of chance or skill, and as such games of chance is one in which the element of chance predominates over the element of skill, and a game of skill is one in which the element of skill predominates over the element of chance. It is a dominant element – “skill” or “chance” – which determines the character of the game”

  1. GMNG Skill Games may be run all over India except the State of Assam, Odisha, Telangana, and/or any other State which has banned/prohibited or to be prohibited to run/operate GMNG Skill Games. In spite of this, any User who runs and/or operates the GMNG Skill Games will be solely responsible for the same.
  2. GMNG’s skill-based games are not Gambling, Gaming, and Lotteries.
  3. These Terms, which include the Privacy Policy, are the entire and exclusive agreement between GMNG and Users regarding the Services, excluding any services for which Users may have a separate agreement explicitly in addition or in place of these Terms, and these Terms supersede and replace any prior agreements between GMNG and Users regarding the Services.
  4. GMNG may revise these Terms from time to time, the most current version will always be on the mobile application. GMNG reserves the right, but not the obligation, in its sole discretion, to notify any modification via e-mail to the email associated with the User’s account. However, by merely continuing to access or use the Services after those revisions become effective, Users agree to be bound by the revised Terms.

10. TAX and TDS Policies

    1. Any tax/levies/duty etc., as applicable, shall be paid by the user of the game of GMNG.
    2. There are no TDS deducted as the winning amounts are up to or less than Rs.10,000/- on GMNG App.
    3. TDS is deducted on winning amounts above Rs.10,000/- on GMNG App before releasing the winnings prize/product/amount and/or in whatever name called.
    4. Based on TDS (tax deducted at source) Rules for any sort of game-winning in India, 30% TDS should be deducted on any winning above Rs.10,000/- in a single game
    5. The person responsible for paying shall, before releasing the winnings, collect the TDS amount from the winner.
    6. Your prize can only be redeemable after TDS deduction if the winning product is above 10,000/-. TDS amount is to be paid to GMNG as provided by Section 194B read with Section 115BB of the Income Tax Act, 1961.
    7. The User will have to provide his valid PAN card copy so that GMNG can file TDS deducted accordingly.
    8. TDS has to be paid within 24 hours. Kindly give us a time period of 15 working days to deliver your prize.
    9. To claim your winning product, if TDS as applicable by govt. (as per Section 194B read with Section 115BB of the Income Tax Act, 1961) on your winning, the winner gets 24 hrs time to pay TDS from the time of winning to claim their prize. If a user fails to pay TDS within 24 hrs his/her winning will be considered as expired.
  • User Conduct
      1. Users agree to abide by these Terms and Conditions and all other rules, regulations, and terms of use of the Website. In the event, User does not abide by these Terms and Conditions and all other rules, regulations, and terms of use, GMNG may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
        • restricting, suspending, or terminating any User’s access to all or any part of GMNG Services;
        • deactivating or deleting a User’s account and all related information and files on the account. Any amount remaining unused in the User’s Game account or Winnings Account on the date of deactivation or deletion shall be transferred to the User’s bank account on record with GMNG subject to a processing fee (if any) applicable on such transfers as set out herein, or
        • refraining from awarding any prize(s) to such User.
      2. Users agree to provide true, accurate, current, and complete information at the time of registration and at all other times (as required by GMNG). Users further agree to update and keep updated their registration information.
      3. A User shall not register or operate more than one User account with GMNG.
      4. Users agree to ensure that they can receive all communication from GMNG by marking emails or sending SMSs from GMNG as part of their “safe senders” list. GMNG 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.
      5. Any password issued by GMNG to a User may not be revealed to anyone else. Users may not use anyone else’s password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify GMNG of any unauthorized use of their passwords or accounts or any other breach of security.
      6. Users agree to exit/log-out of their accounts at the end of each session. GMNG shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
      7. Users agree not to use cheats, exploits, automation, software, bots, hacks, or any unauthorized third-party software designed to modify or interfere with GMNG  Services and/or GMNG  experience or assist in such activity.
      8. Users 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 GMNG  or GMNG’s Services.
      9. Users agree that without GMNG’s express written consent, they shall not modify or cause to modify any files or software that are part of GMNG’s Services.
      10. Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support GMNG or the GMNG’s Services (each a “Server”); or (b) the enjoyment of GMNG Services by any other User or person.
      11. Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt GMNG Services or any other person’s use or enjoyment of GMNG Services.
      12. Users shall not attempt to gain unauthorized access to the User accounts, Servers, or networks connected to GMNG  Services by any means other than the User interface provided by GMNG, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of GMNG Services.
      13. Without limiting the foregoing, Users agree not to use GMNG for any of the following:
        • To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory, or abusive action or communication;
        • To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
        • To publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
        • To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, GMNG, any software, hardware, or telecommunications equipment;
        • To advertise, offer or sell any goods or services for any commercial purpose on GMNG without the express written consent of GMNG;
        • To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
        • To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
        • To restrict or inhibit any other user from using and enjoying any public area within our sites;
        • To collect or store personal information about other Users;
        • To interfere with or disrupt GMNG, servers, or networks;
        • To impersonate any person or entity, including, but not limited to, a representative of GMNG, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
        • To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through GMNG or to manipulate User’s presence on GMNG(s);
        • To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
        • To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities, and/or message or communication facilities (collectively, the “Forums”) only to send and receive messages and material that are proper and related to that particular Forum.
      14. If a User chooses a username that, in GMNG’s considered opinion is obscene, indecent, abusive or that might subject GMNG to public disparagement or scorn, GMNG reserves the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts from GMNG, deny such User access to GMNG, or any combination of these options.
      15. Unauthorized access to GMNG is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access GMNG by any means other than through the interface that is provided by GMNG for use in accessing GMNG. 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.
      16. The use of GMNG is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit GMNG’s right to comply with governmental, court, and law-enforcement requests or requirements relating to Users’ use of GMNG.
      17. Users may reach out to GMNG through – Helpdesk if the user has any concerns with regard to a match and/or contest within Forty-Eight (48) hours of winner declaration for the concerned contest.
      18. Persons below the age of eighteen (18) years are not allowed to participate in any of the contests, games (by whatever name is called) on the GMNG Platform. The Users will have to disclose their real age at the time of getting access to the GMNG Platform.
      19. GMNG may not be held responsible for any content contributed by Users on the GMNG.
  • Conditions of Participation
    1. Falsifying one’s own personal information (including, but not limited to, name, email address, bank account details, and/or any other information or documentation as may be requested by GMNG to enter a contest and/or claim a prize/winning.
    2. Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts, etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user.
    3. Colluding with any other user(s) or engaging in any type of syndicate play;
    4. Any violation of Contest rules or the Terms of Use;
    5. Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
    6. Using automated means (including but not limited to harvesting bots, robots, parser, spiders, or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose
    7. Any type of Cash Bonus misuse, misuse of the Invite Friends program, or misuse of any other offers or promotions;
    8. Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
    9. Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (Spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to GMNG Users, sending unwarranted email content either to selected Users or in bulk); or
    10. Abusing the Website in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of Abuse).

11. Payment Terms

    1. In respect of any transactions entered into on the GMNG platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
      1. The payment of the pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee (when applicable) for access to the GMNG Services charged by GMNG and predetermined participant’s contribution towards the prize money pool.
      2. Subject to these Terms and Conditions, all amounts collected from the User are held, until a determination of the Winners and distribution of prizes. GMNG receives only its share of the platform Fees, subject to applicability.
      3. The User may participate in a Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. It is clarified that GMNG 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 Contest terms and conditions. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User’s account balance.
      4. Any user availing GMNG services is provided with two categories of accounts for the processing and reconciliation of payments: 
        • Deposit Account,
        • Winnings Account. It is clarified that in no instance the transfer of any amounts in the User’s accounts to any other category of account held by the user or any third party account, including a bank account held by a third party: User’s winnings in any Contest will reflect as credits to the User’s Winnings Account.
        • User’s remitting the amount to the designated payment gateway shall be credited to the User’s Deposit Account.
      5. Each time a user participates in any contest on the GMNG platform, the pre-designated amount shall be debited in the User’s account. In debiting amounts from the User’s accounts towards the pre-designated amount of such user shall be debited from the User’s Deposit Account and thereafter, any remaining amount of participation fee shall be debited from the User’s Winning Account.
      6. In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Contest(s), the User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s ‘Deposit’ Account and will be available for use in participation in any match(s) or Contest(s) or for withdrawal in accordance with these Terms and Conditions.
      7. Debits from the ‘Deposit’ Account for the purpose of enabling a user’s participation in a Contest shall be made in order of the date of credit of amounts in the ‘Deposit’ Account, and accordingly amounts credited into ‘Deposit’ Account earlier in time shall be debited first.
      8. A User shall be permitted to withdraw any amounts credited into such a User’s ‘Deposit’ Account for any reason whatsoever by contacting GMNG Customer Support. All amounts credited into a User’s ‘Deposit’ Account must be utilized within 60 days of credit. In case any unutilized amount lies in the ‘Deposit’ Account after the completion of 60 days from the date of credit of such amount, GMNG reserves the right to forfeit such unutilized amount, without liability or obligation to pay any compensation to the User. Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address in order for GMNG 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 registration on GMNG, as well as the name and address existing in the records of the User’s bank account as provided to GMNG. In the event that no bank account has been registered by the User against such User’s account with GMNG, or the User has not verified his/her User account with GMNG, to GMNG’s satisfaction and in accordance with these Terms and Conditions, GMNG shall provide such User with a notification to the User’s email address as on record with GMNG at least 30 days prior to the Request Date, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by the Request date, GMNG shall be entitled to forfeit any amounts subject to transfer. Failure to provide GMNG with a valid bank account or valid identification documents (to GMNG’s satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause.
      9. Withdrawal of any amount standing to the User’s credit in the Winnings Account may be made by way of a request to GMNG but the amount will be forfeit upon completion of 60 days from the date of credit of such amount in the User’s Winnings Account or upon completion of 60 days of inactivity.
      10. Further, in order to conduct promotional activities, GMNG may gratuitously issue Bonus points (Called Cash Bonus) to the User for the purpose of participation in any Contest(s) and no User shall be permitted to transfer or request the transfer of any amount into the Cash Bonus. The usage of any points issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to the time within which such points must be used, as applied by GMNG and notified to the User at the time of issue of such amount. The issue of any points to the user is subject to the sole discretion of GMNG and cannot be demanded by any User as a matter of right. The issue of any such amount by GMNG on any day shall not entitle the user to demand the issuance of such amount at any subsequent period in time nor create an expectation of recurring issue of such amount by GMNG to such User. The bonus points/Cash Bonus granted to the user may be used by such User for the purpose of setting off against the contribution to the prize pool in any Contest, in accordance with these Terms and Conditions. The bonus points shall not be withdraw-able or transferrable to any other account of the User, including the bank account of such User, or of any other User or person, other than as part of the winnings of a User in any Contest(s). In case the User terminates his/her account with GMNG or such account if terminated by GMNG, all bonus points granted to the User shall return to GMNG and the User shall not have any right or interest on such points.
      11. Users agree that once they confirm a transaction on GMNG, they shall be bound by and make payment for that transaction.
      12. The User acknowledges that subject to the time taken for bank reconciliations and such other external dependencies that GMNG has on third parties, any transactions on the GMNG Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User’s ‘Deposit’ Account or Winnings Account may take up to 24 hours to reflect in the User’s ‘Deposit’ Account or Winnings Account balance. Similarly, the utilization of the bonus points or money debited from the ‘Deposit’ Account or Winnings Account may take up to 24 hours to reflect in the User’s ‘Deposit’ Account or Winnings Account balance. Users agree not to raise any complaint or claim against GMNG in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting a transaction amount into any of the User’s accounts.
      13. A transaction, once confirmed, is final and no cancellation is permissible. GMNG may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.
  • Standard Terms and Conditions of “Invite Friends” program

The GMNG Invite Friends Program lets you invite friends to join GMNG (“Program”). In the event that you and your referred friend meet the criteria and complete all the steps specified in these terms, you and your friend can earn a Cash Bonus from GMNG of up to Rs. 100 (“Bonus Amount”), which Bonus Amount will be redeemable to join cash contests and contests through the GMNG’s mobile application for the Android mobile devices (“GMNG Application”). To participate in the Program, please note our terms and conditions (“Terms”) in this respect, as they govern your participation in the Program:

  1. Participation in the Program is voluntary. A user shall not register or operate more than one user account with GMNG and shall not participate in the Program with more than one user account with GMNG.
  2. By participating in the Program, you agree to and accept these Terms.
  3. For the purpose of participation in the Program, you are required to have the GMNG Application downloaded and installed on your mobile device. Through the GMNG Application, you will be provided with a unique link or code, which can be shared by you (“Inviter”) with friends (each an “Invitee”) to invite such friends to create and register an account with GMNG and download the GMNG Application. On receiving the link or code from the Inviter, the Invitee may either: (i) Click on the link, consequent to which such Invitee will be directed to a registration page and will be provided the option to register an account with GMNG and download and install the GMNG Application on his/her device; or (ii) download and install the GMNG Application on his/her device independently, register for a GMNG account through the GMNG Application and enter the unique code-shared by the Inviter.
  4. The Inviter and the Invitee will be eligible to earn the Bonus Amount subject to (amongst other terms specified in these Terms): (i) the Invitee not being an existing user of GMNG, and (ii) the Invitee successfully registering for an account with GMNG through the unique link or by using the unique code-shared by the Inviter; and (iii) the Inviter and Invitee verifying the Inviter’s and the Invitee’s respective mobile number as provided at the time of registration within thirty (30) days from the date on which Invitee registers for an account with GMNG (“Verification Period”). For the purposes of these Terms, an ‘existing user of GMNG’ shall mean a user who presently operates an account with the Platform or operated an account with the Platform at any point in time.
  5. An Invitee who is an existing user of GMNG is not permitted to register a new account with the Platform for the purpose of availing of the Bonus Amount. GMNG will determine in its sole discretion whether an Invitee is an existing user of GMNG or not and take appropriate action.
  6. The verification process may require an Inviter/Invitee to submit personal information about the user (Inviter/Invitee) and documents identifying the Inviter/Invitee. The Inviter agrees to receive communication from GMNG and to allow GMNG to communicate with Invitees referred by you about the Inviter’s participation in the Program. Any information collected in respect of the Inviter/Invitee as part of the Program or otherwise in the course of such person’s use of the Website shall be subject to GMNG’s Privacy Policy (available here https://gmng.pro/privacy-policy/  for Indian users).
  7. The verification of an Inviter/Invitee shall be completed at the time of first withdrawal by the Inviter/Invitee from the Inviter’s/Invitee’s ‘Your Winnings’ account or ‘Your Deposits’ account with the Platform. An Inviter/Invitee may voluntarily seek verification of the Inviter/Invitee by clicking on the ‘Verify Now’ tab of the Account Balance page of the Inviter/Invitee’s account with the Platform. If the Invitee opts to register for a GMNG account through the GMNG Application, the Invitee can verify his/her contact information at the time of registration.
  8. THE BONUS AMOUNT SHALL EXPIRE AND BE WITHOUT EFFECT AT THE END OF 30 DAYS FROM THE DATE OF CREDIT OF THE BONUS AMOUNT.
  9. The deposit of the Bonus Amount shall be at the sole discretion of GMNG and shall be subject to the Inviter’s/Invitee’s compliance with these Terms. GMNG may substitute or change the Bonus Amount offered under the Program at any time without notice. An Inviter/Invitee may not substitute the amount of Bonus Amount or substitute offers for other items or exchange for cash.
  10. GMNG reserves the right to:
    • withhold the deposit of the Bonus Amount; and/or
    • forfeit any deposited Bonus Amount to an Inviter/Invitee or any prizes/winnings earned by the participant by using such Bonus Amount; and/or
  11. Mere participation in the Program does not entitle the Inviter/Invitee to receive any Bonus Amount.
  12. GMNG may, at its sole and absolute discretion, disqualify any Inviter/Invitee if such Inviter/Invitee engages in or it is found that such Inviter/Invitee has engaged in any illegal, unlawful, or improper conduct (concerning the Program or otherwise).
  13. The decision of GMNG will be final and binding about the Program, and the deposit of the Bonus Amount and no correspondence, objection, complaints, etc. will be entertained in this regard.
  14. This Program cannot be clubbed with any other contests/promotions/programs that are running simultaneously and organized or conducted by GMNG.
  15. GMNG reserves the right to change/modify/or withdraw the Program and/or change these terms and conditions without any prior notice of the same at its sole discretion.
  16. The Terms and Conditions, as applicable to the GMNG’s fantasy games and services, will apply to and govern the Program.
  17. GMNG does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the participants (Inviter/Invitee) of the Program.