General Terms and Conditions of Paytm First Games Private Limited

Please read the following Terms of Access ("Terms of Access") carefully before registering on, accessing, browsing, downloading or using First Games by Paytm portal, which can be accessed via First Games website named https://paytmfirstgames.com/ First Games by Paytm and Paytm mobile application, First Games website, android stores and such other locations as uploaded (hereinafter collectively, the First Games by Paytm Platform) and run by Paytm First Games Private Limited ("PFG"), having its ­registered office at 136, First Floor Devika Tower, Nehru Place New Delhi – 110019 and headquartered at B-121, Sector-5, Noida – 201301 on any device and before availing any services offered on the First Games by Paytm Platform.

For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all services which means games and offers, deals and redemption services provided by Paytm First Games ("First Games by Paytm Offerings"). All Services are rendered by PFG through the First Games by Paytm Platform under the brand name “First Games by Paytm”.

These Terms of Access and all supplemental terms, as amended from time to time, govern your use of any First Games by Paytm Offerings or First Games by Paytm account to access, install or play offered by First Games by Paytm or any of its subsidiaries, affiliates and technology partners on personal computers, laptops, tablets and/or mobile devices.

  1. You should be at least 18 years of age and an individual user of the First Games by Paytm Platform. You agree that these terms constitute an agreement ("Agreement") between You and PFG and if additional terms and/or agreements apply to the First Games by Paytm Service(s) used by You, those additional terms and/or agreements shall govern on your use of First Games by Paytm Offerings as well.
  2. These Terms of Access, as well as PFG Privacy Policy available at https://paytmfirstgames.com/privacy-policy (Incorporated herein by reference) form legally binding contract between You and PFG. By using First Games by Paytm Platform, you affirm that you are competent to review and agree with the Agreement and that you have reviewed this Agreement and take full responsibility for your compliance with them.
  3. Modification of these Terms of Access: First Games by Paytm reserves the right to change, modify, add, or remove portions of this Terms of Access (each, a change and collectively, changes) or the contest / campaign at any time by posting notification on the First Games by Paytm Platform or otherwise communicating the notification to You. The changes will become effective immediately on a going-forward basis with respect to Your use of the First Games by Paytm Platform, availing the First Games by Paytm Offerings. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the First Games by Paytm Offerings/First Games by Paytm Platform. Your continued use of the First Games by Paytm Platform following the posting of changes constitutes your agreement to all such terms, conditions, and notices. You are responsible for regularly reviewing these Terms of Service and additional terms posted on the First Games by Paytm Platform.
  4. Limited License to access First Games by Paytm Offerings:
    1. Accessing Paytm First Games: By accessing or using First Games by Paytm Offerings, including browsing via First Games by Paytm website or through any other mobile application, you accept and agree to these terms of First Games by Paytm Offerings and the Privacy Policy. You may also be required to register an account on the Service (an "Account"). You warrant that you are not prohibited from receiving products, including services or software. You are responsible for any fees, including internet connection or mobile fees that You incur when accessing the First Games by Paytm Service.
    2. Account Creation and Information:
      1. To use our services, you will need to register with us. We may require You to create an account for First Games by Paytm Offerings with us with Username and Password on First Games by Paytm Platform or at any other website or platform. While creating the account You may be required to provide First Games by Paytm with certain personal information, which may include your name, birth date, e-mail address, address and, in some cases payment information. This information will be held and used in accordance with PFG Privacy Policy and relevant notices / policies, if any, provided at the point of information collection or use. Additionally for verification purposes we may require you to authenticate your account with Paytm and have access to details for paid services. You must provide the correct details in all fields and keep the details updated including and not limited to your personal information like postal address, email address, telephone number(s) etc. Any discrepancy in the KYC or other mandatory requirements shall make you ineligible for winnings, unless and until the same is updated.
      2. If You are required to update an account then certain additional information which may include your personal, professional and other details may be required. You agree that you will supply accurate and complete information to First Games by Paytm, and that You will update that information promptly after it changes.
      3. Any information provided by you to us should be complete and truthful to the best of your knowledge. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us. In case if we feel to have some background checking, then we may, at any time, require you to provide us with additional documentation and proofs to verify the correctness of this information, failing which we reserve the right to hold / suspend or terminate your registration.
      4. You understand and agree that deposits in your user account maintained with us are purely for the purpose of participation in cash module of games available at First Games by Paytm Offerings and neither can you transfer any sum from your user account to any other account nor withdraw the same except as may be permitted by us and based on the conditions as may be prescribed from time to time.
      5. Additionally we might be conducting certain promotional activities through which rewards by way of bonus are issued. We may gratuitously issue bonus to you for the purpose of participation in games or for other programs which we conduct routinely within our platform. All the bonuses will be credited in your bonus account (hereinafter referred to as “Bonus Account) and which can be used within the Platform, subject to the terms governing usage of Bonus Account.
    3. Use of Service :
      1. Your usage of the First Games by Paytm Offerings shall be subject to the following:
        1. You shall not create an account using a false identity or information, or on behalf of someone other than yourself;
        2. You shall not have an account or use the service if you have previously been removed by First Games by Paytm or previously been banned from playing any Games on First Games by Paytm Platform, and we at our sole discretion may allow You to create/reopen such account;
        3. If You are resident (permanent/temporary) of any state/union territory within the territory of India which disallows you from participation, then You shall not be entitled to participate in the First Games by Paytm Offerings in our Portal, wherever such First Games by Paytm Service is prohibited by applicable law as per the State/ Union Territory notifications / regulations in force now as per Annexure I and/or which may come in future. In short, participation in online games or contests or campaigns shall be controlled by your residential status and statutory regulations present in your state and please restraint or contact us, before enrolling from notified areas;
        4. You shall not use your account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
        5. You shall not use your account to engage in any illegal conduct;
        6. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your account or any virtual items associated with your account to anyone without our written permission;
        7. You shall refrain from using inappropriate language, including language that may look, sound like, stand for, hint at, abbreviate, or insinuate profanity, hate speech (including but not limited to racial, ethnic, or religious slurs), or illegal activities.
        8. You shall not carry out cheating of any kind (including by exploiting any bug or error) which is expressly prohibited and this includes exploiting any deficiency in our code or design, or in the code or design of any third party product or service used in connection with the Offerings , to gain an unfair advantage or to gain unauthorized privileges, access or abilities not clearly intended by the product’s design. Communicating information about such activities to others will also be considered cheating.
        9. You are responsible for any use of your credit card or other payment instrument;
        10. You are responsible for managing the amounts lying in the Bonus Account
        11. You agree to receive promotional messages relating to various tournaments & Bonus through short messaging services, electronic mails, push notifications and other means. If you wish to unsubscribe to the messaging services, please contact at the email id provided to you for unsubscribing.
    4. Specific conditions for the use of communication facilities (particularly discussion forums, chats, comments)
      1. First Games by Paytm may provide you with different communication facilities for self-created entries and posts on First Games by Paytm Platform or any other websites, pertaining to the game, services being offered and First Games by Paytm Platform, on social networks (particularly discussion forums, chats, blogs, guest books, etc. as well as the utilization of their comment functions, altogether known as the "communication facilities"), which you may use when available. In this regard, First Games by Paytm only provides you with the technical environment for an exchange of information. However, you do not have the right to claim communication features nor post any communications as mentioned in section 4.4.3 below.
      2. You take full responsibility for the content and entries you post and indemnify PFG from any claims from third parties arising from yours posts. PFG shall not be liable for content entered by you.
      3. Within the context of these communication facilities, you are prohibited from publishing or distributing content on First Games by Paytm or any other websites/Platform that:
        • violates an applicable law, goes against common decency, or breaches the general terms and conditions or the rules of the respective game;
        • violates trademarks, patents, utility or design patterns, copyrights, trade secrets, or other rights of third parties;
        • is obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature;
        • is of an abusive, harassing, or defamatory nature;
        • includes chain letters;
        • falsely suggests that it is provided or supported by PFG;
        • contains personal data of third parties without their explicit consent;
        • is commercial, in particular promotional, in nature.
      4. Notwithstanding any other rights under these Terms of Access, First Games by Paytm has the right to fully or partially remove content and entries that violate the rules of these Terms of Access. First Games by Paytm also has the right to exclude users who violate these rules, in whole or temporarily, from further use of First Games by Paytm online and mobile games, websites, and other services.
      5. In case if we find you not complying with the terms herein, then:
        • We reserve the right to remove, at any time and without notice, any content from the First Games by Paytm Platform.
        • We reserve the right to contact your Internet Service Provider ("ISP") regarding any inappropriate activities by you on the service.
        • We reserve the right to immediately terminate or suspend our First Games by Paytm Offerings who fails to abide by these Terms of Access. The decision to suspend or terminate accounts will be made at the sole discretion of PFG and are final.
    5. User Account suspension
      We may suspend or otherwise put restrictions on your access to First Games by Paytm Services on the Portal and during our assessment we understand or its comes to our notice that you have failed for any of the following reasons:
      • provide us with true, accurate, current and complete information at the time of registration and at all other times. You further agree to update and keep updated your registration information.
      • abide and be bound by these terms & conditions and all other rules, regulations and terms of use of the Portal. In the event you do not abide by these terms and conditions and all other rules, regulations, we may at our sole and absolute discretion, take necessary remedial action, including but not limited to restricting, or suspending, or terminating your access to all or any part of our services; deactivating or deleting your account and all related information and files on the account.
      • not register or operate more than one user account with us.
      • ensure fair play across all gameplay , and if we have initiated or taken steps that will prevent any user from colluding with other users in order to win/lose or otherwise determine the outcome of a Game, you shall help us with relevant details, suggestions and inputs. By accepting these terms & conditions, You agree that you will not play the any game in partnership with or by communicating with other users to give undue benefit to themselves or to other users. In case if we find a user to be involved in such activities, we have the right to withhold the amount remaining in the user account and to cancel and close the accounts without any communication to such User. We retain the sole right to determine what constitutes collusive or fraudulent activity in relation to the services, and its decision in such matters shall be final. In the event we find collusion, fraud or any other unfair practices, we have the right to cancel any such games and refund the points/amounts involved in any such games.that we have the proper authorization and that you are aware of all credits in the deposit account shall at all times be held by us in trust, for you to participate and play the games. You agree and acknowledge that we shall hold the same in trust for and on behalf of the winner until such time the amount is transferred to the Winnings Account. All amounts in the Winnings Account would be held by PFG in trust, for and on behalf of the respective Users till such amount is withdrawn or utilized by such User who played the game and the amounts in the Winnings Account may be withdrawn by User only to his / her account.
    6. User Obligations of Username or Log In details and accounts:
      1. During the account creation on First Games by Paytm or any other website or Platform, your username and password will be provided to you ("Login Information"). The following rules govern the security of your login information:
        • You shall not share the account or the login information, let anyone else access your account, or do anything else that might jeopardize the security of your Account;
        • In the event You become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the login information, You must immediately notify First Games by Paytm and modify your login information;
        • You shall be required to keep your account active and in credible condition with Paytm inorder to login and use the services offered through First Games by Paytm Platform.
        • You are solely responsible for maintaining the confidentiality of the login information, and You will be responsible for all uses of the login information, including purchases, whether or not authorized by You; and
        • You are responsible for anything that happens through your account.
        • PFG reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
        • Amounts lying in your Bonus Account can be used or redeemed only against gameplay in our Platform. You understand that the feature of debiting your Bonus account partially or fully will depend upon various parameters like type of user, type of gameplays, purchase history, etc. and we reserve the right to provide this feature to you on individual basis, ie based on our analysis of your gameplay. Having said that certain percentage may be provided as partial debit facility and whenever you play a contest, the Bonus Account will be given first priority for contest participation fees followed by deposit account. You shall not be permitted to transfer or request the transfer of any amounts lying in Bonus Account.
        • Issuance of amounts in the Bonus Account on any day shall not entitle you to demand entitlements at any subsequent period in time nor create an expectation of recurring issue of such amount by us to you. The eligibility of bonus is not a right and we reserve the right to credit in your account or not, i.e. it may or may not be credited, at our sole discretion.
        • The amounts lying in your Bonus Account will have certain validity period and you are requested to have them checked time and again. In case where your gameplay account stays inactive or your account is not active for 30 days; then we shall be deemed to consider your Bonus Account as inactive and will be deemed inactive account (Inactive Account).
      2. Funds, Payments, Prizes and Withdrawals
        • All transactions including and not limited to payment and withdrawals shall be in Indian Rupees. All deposits and withdrawals must be made through your user account at PFG. You may participate in cash module of games and tournaments only through your specific user account.
        • On completing registration you shall be provided with categories of accounts for the processing and reconciliation of payments: (i) 'Deposit' Account, (ii) Winnings Account and (iii) Bonus Account. It is further clarified that in no instance the transfer of any amounts in the User's accounts to any other category of account held by you or any third party account, including a bank account held by you or a third party shall be applicable, save and except for any payment gateway charges / fees deducted by us for usage of our Services. Please note that amounts lying in any of your accounts do not have any interest and neither can you claim any right of interest on such account balances. You waive your right to claim interest from us.
        • For participation in paid versions, the following shall be applicable to users -:
          1. The payment of pre-designated amount Users make to participate in the game (s) is inclusive of the pre-designated platform fee for access to the First Games by Paytm Services charged by PFG and pre-determined participant’s contribution towards prize pool money.
          2. Subject to these Terms of Access, all amounts collected from the User and the winnings amount are held in a separate non-interest earning nodal account or such other account as deemed fit by us under statutory laws, which shall be responsible for management of user account and prize pool, until determination of the Winners and distribution of prizes. We receive only the share of pre designated platform fees and have no control over the User funds held in a dedicated non-interest earning nodal account and by participating and accepting these terms you understand and agree that we are acting only as agents on your behalf and you therefore authorise us to manage the nodal account.
          3. We reserve the right to charge a platform fee, which would be specified and notified by us in the game page being created on First Games by Paytm mobile app and prior to a user's joining of such game contest we shall issue an invoice for the platform fee paid by the user. Platform fee will be calculated as fixed percentage of total amount of paid by user to participate in contest.
          4. The user may participate in a game contest wherein the user has to contribute a pre-specified contribution towards the pool money of such contest, which will be passed on to the Winner(s) of the Game contest after the completion of the contest. It is clarified that we have no right or interest in this pool money, and we only act as an intermediary engaged in collecting and distributing the pool money in accordance with the game contest terms and conditions. User's winnings in any Game contest will reflect as credits to the Winning Account.
          5. A User is permitted to withdraw amounts credited into Winning Account at any given time and PFG would be acting in the capacity of a collection agent only for the users winning a particular game. All amounts credited into Winning Account must be utilised within 335 days of credit. In case any unutilised amount lies in the Winning Account after the completion of 335 days from the date of credit of such amount, we reserve the right to forfeit such unutilised amount, without liability or obligation to pay any compensation.
          6. Withdrawal of any amount standing to the User's credit in the Winning Account may be made by way of a request to PFG. In either case, PFG shall effect an online transfer to the Paytm wallet or User's bank account on record with PFG within a commercially reasonable period of time. Such transfer will reflect as a debit to the Fantasy Winning Account. PFG shall not charge any processing fee for the online transfer of such amount from the Fantasy Winning Account to the User's bank account on record with PFG. Users are requested to note that they may be required to provide valid photo identification and address proof documents for proof of identity and address in order for PFG to process the withdrawal request.
          7. As of date partial withdrawal is not allowed and once this facility is activated, we might notify you or take steps to keep you informed; however, your partial or full withdrawal shall not make or create any liability on us. Withdrawal of any amount standing in your Winning Account may be made by way of a request to us. In either case, we shall effect an online transfer to the Paytm wallet of user on record with us within a commercially reasonable period of time or such other account as made available to us by user. Such transfer will reflect as a debit to the Winning Account and this transfer shall not be charged with any processing fee for such transfer. However, in some instances we might require users to provide valid photo identification and address proof documents for proof of identity and address in order to process the withdrawal request.
          8. Users agree that once they confirm a transaction on First Games by Paytm, they shall be bound by and make payment for that transaction.
        • The User acknowledges that subject to time taken for reconciliations and such other external dependencies that we have on third parties; any transactions on First Games by Paytm Platform may take up to 48 hours to be processed. Any amount paid or transferred into the Winning Account may take up to 48 hours to reflect balance. Users agree not to raise any complaint or claim against PFG in respect of any delay, including any lost opportunity to join any game, contest or match due to delay in crediting of transaction amount into the Winning Account. A transaction, once confirmed, is final and no cancellation is permissible. We may, however, in certain exceptional circumstances and at our 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.
        • Subject to the Add Cash limits specified by us from time to time, you are free to deposit as much money as you want in your deposit account for the purpose of participating in cash modules of offerings. We want you to play responsibly and hence the ability to add cash in your user account shall be subject to some limits which we can be set by us with undertakings, indemnity, waiver and verification conditions as we deem appropriate in our sole discretion.
        • Payments by You in your user account will be regulated using payment instruments which have been accepted and authorized by us and shall be governed by regulations, our policies and such other requirements as are mandatory and which we feel are required for having efficiency in the process and systems. We may restrict the amount of money you can add to your user account as we want you to play responsibly.
        • Processing of payments made via credit card, debit card, e-wallets, prepaid cash cards and internet banking are processed through gateways owned and operated by third-party payment. As third parties who process such payments require authorization we are not responsible for disruptions, denials or delays caused at the payment processors end. 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 cash/ withdrawal, you need to contact us or raise a complaint. 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. Only when your transaction is authorized, the funds will be credited to your user account and will be available for you to participate in cash module of games.
        • We may cancel a transaction at any time based on its discretion. If before the transaction is cancelled, the payment is successful, the transaction will be reversed. The money in such case will be credited back to your payment instrument. In case of cancellation request or refund request initiated by you, then we may act upon (at our sole discretion) to credit the user's account with the refund amount or cancellation amount in 3 to 5 business days. Our analysis on refunding of amount shall be based on case to case basis and depend upon various factors which include and are not limited to anti – money laundering, responsible play, fraud detection etc.
        • Further, in order to have efficient checks and controls you shall not be permitted to transfer / withdraw or request the transfer of any amount lying in the Deposit and Bonus Account. The usage of Deposit and Bonus Account shall be only towards gameplay. Withdrawals and transfer request will not be entertained. You will appreciate that amounts lying into your Deposit Account is required to be utilised within 335 days of credit. In case any unutilised amount lies in the Deposit Account after the completion of 335 days from the date of credit of such amount, we reserve the right to forfeit such unutilised amount, without liability or obligation to pay any compensation. In case you terminate your account with us, or such account if terminated by us, then only we may return to you such amounts lying in the Deposit Account, which shall be at our sole discretion.
        • All winnings won by you shall be credited by us into your winnings account and You may withdraw your winnings by means of either an electronic transfer for the amount of winnings or by placing a request.
        • You agree that all withdrawals you make are governed by the following conditions:
          1. We may ask you for KYC documents to verify your address and identity at any stage. Withdrawals will be permitted only from accounts for which such KYC process is complete.
          2. You can choose to withdraw money from your winnings account at any time, subject to withdrawal restrictions, by notifying us of your withdrawal request.
          3. Once notified, post verification of the withdrawal request, we may disburse the specified amount by electronic transfer or cheque based on the mode of withdrawal selected by you. We shall make our best efforts to honor your choice on the mode of withdrawal, but reserve the right to always disburse the specified amount to you by cheque. We also reserve the right to disburse the amount on the financial instrument used to Add Cash to your user account.
          4. Withdrawals attract processing charges as per the prevalent policy. You may be eligible to make one or more free withdrawals in a month depending on various factors including your account status, the amount of withdrawal or the mode of withdrawal. In the event that you do not have an adequate amount in your user account to pay the processing charge, your withdrawal will not be processed at that time. You may request for a free withdrawal subsequently if you become eligible for the same at such time.
          5. We will attempt our best to process your withdrawals in a timely manner, but there could be delays due to the time required for verification and completing the withdrawal transaction. We shall not be liable to pay you any form of compensation for the reason of delays in remitting payments to you from your user account.
          6. To be eligible to win a prize, you must be a resident of India and accessing the services of First Games by Paytm Offerings on the Services from India and not from any of the restricted states.
          7. At times We may conduct promotional activities, and offer rewards for the purpose of participation in game and which shall be non - transferable. Such promotional offers shall not entitle you to demand the issuance at any subsequent period in time nor create an expectation of recurring issue by us to you. In case you terminate your account with us, or such account if terminated by us, we may cancel all the gratifications granted to you and you shall not have any right or interest on such promotions.
    7. Content and Service: Paytm First Games owns, has licensed, or otherwise has rights to use all of the content that appears in the First Games by Paytm Service or in games. All rights, title and interest in and to the First Games by Paytm Offerings (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using First Games by Paytm) are owned / licensed by PFG. PFG reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Content and the service. All Content with the exception of third party content is owned by PFG.
    8. Account: Notwithstanding anything to the contrary herein, you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account (except for any personal information therein) are and shall forever be owned by PFG. You agree that you have no right or title in or to any content that appears in the First Games by Paytm Service, including without limitation the virtual goods or currency appearing or originating in any games of First Games by Paytm, whether earned in a game or purchased from PFG, or any other attributes associated with an Account or stored on the First Games by Paytm Service.
    9. License Limitation
      • Any use of the First Games by Paytm Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted under this Terms of Access), and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the service including undermining or manipulating the legitimate operation of any games of PFG is violation of our rights and may be a violation of criminal and civil laws.
      • You agree that you will not, under any circumstances:
        • engage in any act that PFG deems to be in conflict with the spirit or intent of the First Games by Paytm Service, including but not limited to circumventing or manipulating these Terms of Access, game rules, game mechanics or policies;
        • interfere or attempt to interfere with the proper functioning of the First Games by Paytm Service or connect to or use the First Games by Paytm Service in any way not expressly permitted by these Terms of Access;
        • use any unauthorized third party software that accesses, intercepts, or otherwise collects information from or through the service or that is in transit from or to the service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the service to store information about PFG game characters, Platform, elements, or environment;
        • make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
        • bypass any robot exclusion headers or other measures First Games by Paytm employ to restrict access to the First Games by Paytm Service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the service, or harvest or manipulate data;
        • use, facilitate, create, or maintain any unauthorized connection to First Games by Paytm Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the First Games by Paytm Service; or (2) any connection using programs, tools, or software not expressly approved by First Games by Paytm;
        • use relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by First Games by Paytm; or
        • copy, modify or distribute rights or content from Paytm First Games Private Limited site or game, or our copyrights or trademarks or use any method to copy or distribute the content of the service except as specifically allowed in these Terms of Access;
        • make improper use of our support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or use the service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
        • Cheating & hacking – You agree that you will not, under any circumstances:
          • use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the service or any of our gaming experience;
          • use the service in order to design or assist in the design of cheats, automation software, bots, hacks, or any other unauthorized third party software designed to modify or interfere with the Service or any of our gaming experience;
          • disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the service or any of our game environment (each a "Server"); or (2) the enjoyment of the service or any of our game by any other person;
          • institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the service; or
          • attempt to gain unauthorized access to the service, other games available in the Server, Accounts registered to others or to the computers, Servers, or networks connected to the First Games by Paytm Service by any means other than the user interface provided by PFG, 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 is part of the service;
    10. Commercial Activity – You agree that you will not, under any circumstances:
      • use the First Games by Paytm Service or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items (defined in 9.1.2 hereinbelow ) for sale;
      • transmit unauthorized communications through the First Games by Paytm Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
    11. Fees and Paid Services: Usage of the certain services of First Games by Paytm may require payment of fees and which is required to be paid through the modes as specified hereunder. You must pay the subscription or other fees to participate in these services, if applicable. Payment of subscription and other fees for particular First Games by Paytm Offerings are as under:
      • Purchases
    12. In First Games by Paytm you may purchase, with “real world” money, a limited, personal, non-transferable, non-sub licensable, revocable license to use:
      • “virtual currency” which shall mean digital currency that is only available in electronic form and not in physical form. It is stored and transacted in only through designated software, mobile or computer applications, or through dedicated digital wallets, and the transactions occur over the Internet or over secure dedicated networks, including but not limited to virtual cash, for use in games;
      • “virtual in-game items” (together with "Virtual Currency", "Virtual Items"); and
      • other goods or services ("Merchandise").Paytm First Games may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice and shall have no liability (whatsoever) either to you or any third party in the event we exercise any such rights. The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized by Paytm First Games. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, another user or any third party.
      • Virtual Currency like Coins, Beans or any other in-game currency that a user earn or buy cannot be converted into real money. It should also be noted that the purchase of in-game currency, such as virtual coins, cash, gold, gems and diamonds, points, etc. last only for the duration of the app or game and is managed and controlled by game provider. If you choose to uninstall the app, these features and coins may cease to exist, and are not transferable. These virtual items subsequently cannot be refunded. You understand that you do not own Virtual Items but acquire a limited license to use Virtual Items according to the specific Game’s gameplay. You acknowledge that PFG is not required to provide a refund for any reason.
      • Making an in-app purchase may require you to share additional personal identification and/or payment-related information with us. If any private information that is collected by a third-party billing service during purchases, it is stored and secured by that third-party and may or may not be shared with us. The third-party has the liability for storing and securing such additional information. If any particular information is provided to PFG, we can only ensure the protection of such information on our portal. Payment failure and refund related queries need to be addressed by the third-party as per their own T&Cs.
    13. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL CURRENCY MADE THROUGH FIRST GAMES BY PAYTM OFFERINGS ARE FINAL AND NON-REFUNDABLE. ALL REWARDS /PRIZES ON REDEMPTION VIRTUAL CURRENCY SHALL BE AT SOLE DISCRETION OF PFG.
    14. Payment of Subscription Fees - Fees are payable in advance and are not refundable in whole or in part. We reserve the right to change our fees or payment methods at any time. You are responsible for reviewing the First Games by Paytm Offerings to obtain timely notice of such changes. Your continued use of the First Games by Paytm Service means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but we will not be liable to refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of First Games by Paytm Offerings are subject to chargeability of taxes, then we may charge you for any such taxes as applicable either from prospective or retrospective effect (as the case may be), in addition to the subscription or other fees.
      • Platform / Contest charges - In respect for participation in the paid versions of contest(s), we may bill the charges as per the following parameters -
        • a pre-designated amount will be charged towards participation in the Contest(s) and which shall be inclusive of two parameters ie, the platform fee for access to the First Games by Paytm Services and a participant's contribution towards prize money pool;
        • the platform fee charges shall be notified by us on the Contest page and we reserve the right to modify the same. You are required to read, review and understand the charges structure, fees parameters and winnings on our Platform, prior to participation.
      • Payment Options- You may pay fees using the methods available for the particular First Games by Paytm Offerings and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary in First Games by Paytm. When you provide credit card or other payment information to us or any other website or platform, you represent to PFG that you are the authorized user of the credit card or other payment method.
      • As the Account holder, you are responsible for all charges incurred as mentioned below, including applicable taxes, and all purchases made by you or anyone that uses your Account
        • Android (Google Play) Billing and /or any other billing carrier, as applicable
        • Top Ups / In App Purchases
        • Contest Participation Fees/ rake fees/ charges or other amount charged by way as commission by us.
        • Other charges as and when informed by us
      • Trial Subscriptions: - For some services, PFG may offer a free trial subscription. If you accept a free trial subscription, we will begin to bill your Account for that First Games by Paytm Offering when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any internet service provider, telephone, wireless and other connection fees that you may incur when using First Games by Paytm Offerings, even when we offer a free trial subscription. Trial subscriptions are not transferrable.
      • Fees charged by third party sites and vendors - We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to PFG. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
      • Any refund request for justified cause as per sole discretion of PFG if being considered, then in such instances refund process shall be initiated within 15 working days from the date of receipt of request. You understand and agree that it shall be the discretion of PFG, to initiate chargeback or not and you acknowledge that post receipt of refund if any contest / campaign qualifies you for winnings, then the same shall stand cancelled with immediate effect. We reserve the right to deduct amounts if they have been rewarded before refund initiation.
      • As and when applicable PFG will make commercially reasonable efforts to help you with billing and charges applied but shall not be liable or responsible for any purchaser errors and shall not be liable for any errors on billing statements issued to you by billing carrier. Subject to these Terms, if any amounts are collected by us towards participation fees, then the same shall be held in a separate non-interest earning account (hereinafter referred to as “Interest Free Account”), which is responsible for management of user account and prize pool, until determination of the final winners and distribution of prizes. We only receive the share of the platform fee and have no control over the funds held in Interest Free Account. It is clarified that, we have no right or interest in the prize money pool, and we act only as an intermediary in accordance with the terms and conditions set therein.
    15. Cancellation of your account: - You have the right to cancel your account or a particular subscription at any time. If you do not agree to the terms in this Terms of Access herein, your sole remedy is to not use First Games by Paytm Offerings and First Games by Paytm Platform and to cancel your subscriptions or account. You understand and agree that the cancellation of your account or a particular subscription shall not entitle First Games by Paytm to refund any amounts to you and the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for First Games by Paytm Offerings and/or any content or entitlements thereon shall be non – refundable. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with First Games by Paytm Offerings must be settled within twenty- four (24) hours of due date. Your use of all the accounts created is based on the assumption that you have read and understood the above information, along with the Terms and that usage or attempted use of your user account for any reason other than what is stated in the Terms may result in immediate termination of your user account and forfeiture of any prize, bonuses lying in your Bonus Account or balance in the user account.
    16. Specific Terms for the Use of Online and Mobile Games
      1. You may only take part in every round of an online game or mobile game using one user account, unless the respective rules of the game allow for exceptions from this. The use of several user accounts by one user is not permitted. Multiuser accounts such as these may be deleted or banned at the reasonable discretion of PFG.
      2. You are prohibited from enacting any form of manipulative interference in online or mobile games. In particular, You are not entitled to utilize measures, mechanisms, or software that could interfere with the function or progress of the game. You may not take measures that may cause an unreasonable or excessive burden on technical capacity. You are not allowed to block, rewrite, or modify content generated by the game administration or to interfere with the game in any other manner.
      3. Under no circumstances You may
        • create or use cheats, mods and/or hacks, or any other third party software products that may change the result of the online or mobile games,
        • use software that allows the mining of data or otherwise intercepts or collects information in connection to the online and mobile games,
        • use virtual items that are being used in online or mobile games outside of the online or mobile games, purchase virtual items for "real" money, or sell or swap virtual items,
        • sell, buy, or trade user accounts.This includes all circumventions, similar actions, or actions that produce an effect that matches the aforementioned bans.
      4. You are also prohibited from running the online game and use of the services in order to design or assist in the design of cheats, automation software, hacks, or any other unauthorized means by third party software designed to modify or interfere with our programs other than the internet browser that has been provided. This refers in particular to so-called bots and other tools meant to replace or supplement our interface.
    17. Winnings
      1. Winner Announcement -
        1. Post selection of winner(s), the results will be published on mentioned link https://Paytm First Games.com/winners and/or on the game links available at First Games by Paytm website.
        2. We shall make three (3) attempts within seven (7) working / business days to contact the winner on their registered Mobile Number to inform about the prize and further process of claiming the prize. In case of weekends or national holidays, the winners will be contacted the next working day(s).
        3. If the winner is not reachable / contactable on phone within seven (7) working/business days of winner announcement, the prize shall be forfeited.
        4. All decisions by PFG regarding the selection of winner(s) shall be final and binding.
        5. Winner selection shall be based on the criteria and at our sole discretion, and the participants hereby agree that they shall not dispute/challenge any decision taken by PFG.
        6. We may be required to provide following information available on our platform such as name, score, etc. to be communicated to vendors or for marketing purposes in any media and you consent for to the same. We may, at its our discretion, choose not to disclose the identity of the selected Winner(s) to other participants unless expressly mentioned herein. You understand and agree that acceptance of the Prize, constitutes grant of permission to the facilitators to click photographs of the Winner and use the Winner’s names, photograph, preferences (likes and dislikes), voice and comments for advertising and promotional purposes in any media worldwide, only for the purposes of advertising and trade without any additional compensation whatsoever to You (Winners). As a participant or Winner (as the case maybe), you hereby provide your irrevocable consent for sharing/submission of your information to PFG, and subsequent use by us of such information for lawful purposes as per our discretion.
        7. Winners also consent to the information being stored in our or our service provider’s servers.
      2. Selection & Verification of Winners
        1. Selection of Winners
          • Winners will be decided based on the criteria and module of Game selected and as specified in the contest(s). For eg - it can be that the user completing the round with the highest points or the requirements as mentioned in the round shall be declared the winner(s) or other way around. In certain contests like best of two or best of ten, their might be a tie and in those instances we may declare the winner based on the gameplay at the end of the rounds. The prize due to each winner in such contest shall be as specified on the contest page prior to the commencement of the contest.
          • Participants playing on behalf of any other Participant or person shall be disqualified.
          • We shall not be liable to pay any prize if it is discovered that the Winner(s) have not abided by these terms and other rules and regulations in relation to the use of First Games by Paytm platform and services, contest and/or any applicable rules mentioned herein .
        2. Contacting Winners – Winners may be contacted by us on the e-mail address / phone number provided at the time of registration. The verification process and the documents required for the collection of prize shall be detailed to the winners at this stage. As a general practice, winners will be required to provide following documents:
          • Photocopy of the User's PAN card;
          • Photocopy of a government-issued residence proof;
          • User's bank account details and proof of the same.
          • Other documents/ undertakings as required by PFG
        3. The amounts in the Winnings Account are not transferrable to any other User or person and we 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 PFG. 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.
        4. Participants are required to provide proper and complete details at the time of registration. We shall not be responsible for communications errors, commissions or omissions including those of the Participants due to which the results may not be communicated to the winner. The list of winners shall be posted within the game. The winners will also be intimated by e-mail / notification.
        5. Verification process – Winners who have successfully complete our verification process or such other verification requirements as informed by us, shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). Where such verification is incomplete, it shall be completed by providing the required documents within the time limit specified. We shall not entertain any claims or requests for extension of time for submission of documents. We shall scrutinise all documents submitted and may, at our sole and absolute discretion, disqualify any winner from withdrawing his accumulated winnings (or any part thereof) on the following grounds:
          • determination that any document or information submitted by the Participant is incorrect, misleading, false, fabricated, incomplete or illegible; or
          • participant does not fulfill the eligibility criteria specified in these terms;
          • any other grounds as deemed fit by PFG .
      3. Prize & Bonuses-
        1. The prizes offered herein are generally sponsored, and will be distributed by PFG. Paytm Cash and/or any voucher will be credited to the Winner(s) Paytm / First Games by Paytm wallet within seven (7) working/business days or such other timeframe as mentioned in the voucher / offer (as the case maybe), after selection of winner(s) and completion of prize claiming process. In the event the prizes offered are in the form of physical good or items, the same shall be delivered after the date of announcement post completion of formalities and compliances required to be completed from the winner’s end as per the process of First Games by Paytm. In all circumstances we reserves the rights to offer any amount / coupon / voucher/ any other prize equivalent to the cost of the Prize.
        2. The prize is neither assignable nor transferable under any circumstance, unless specifically provided hereunder or agreed by PFG.
        3. The prizes to the winner(s) shall be given subject to compliance with all applicable statutory legislations including RBI guidelines in respect of prepaid payment instrument, processes and formalities (including KYC formalities as may be applicable) in connection with the prize and on production of all such documents/papers as may be applicable and required by us . The prize shall be distributed only after and subject to confirmation of an existing Permanent Account Number (“PAN”) of the winner(s) or such other requirements as and when mentioned by us .
        4. Any failure on winner’s part to comply with our directions issued for claiming the prize shall entitle us to forfeit the prize.
        5. PFG shall not be responsible for any delay on part of any third party including the courier agency, in delivering the prize (if applicable). All costs and expenses for collecting the prize, unless otherwise specified, shall be borne solely by the winner(s). The prize shall not be transferable and no request shall be entertained by PFG for such transfer.
        6. Without prejudice to the foregoing, under no circumstance shall the winner(s) be entitled to redeem any category of prize for cash, unless expressly mentioned in the contest. PFG, at its sole discretion, may or may not provide a cash alternative to any of the prize being offered as per the terms of the contest.
        7. Without prejudice to any of the foregoing clauses, any failure on the part of the winner(s) to comply with directions issued by PFG shall entitle us to cancel and forfeit the prize for the said winner(s).
        8. Any prizes of value in excess of INR 10,000/- (INR Ten Thousand Only) in a single contest/tournament, will be subject to deduction of taxes as applicable. PFG shall in advance deduct TDS as per applicable Income Tax rules. The prize shall be delivered/ given to the winner, only upon the winner paying the amount to PFG by Demand Draft (“DD”) equal to the TDS amount in advance PFG or we deducting the amount equivalent to TDS from your winnings and the rest will be credited in your account. You will be required to furnish your PAN duly issued to you by the Income Tax authorities if you have not already done so, and withdrawals will be permitted only after correct PAN has been provided. The limit of deduction of TDS and rate of TDS deduction is subject to prevailing rules and regulations and shall vary as and when notified by Government. Our 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. You understand that as a go green initiative we shall be sending you TDS certificate via email only; unless otherwise specified by you or we receive a written request from you for having hard copies.
        9. The documents required to be submitted along with the claim by the winner(s) include the following (the document list is only inclusive and not exhaustive and can change as per the requirements of law) * :
          • Address proof (Voter ID/Driving License/Passport/electricity bill not older than 3 months/Telephone bill not older than 3 months etc.)
          • Photo Id proof (/Passport/Voter ID/Driving License etc.)
          • One passport size photo
          • Additional document like Postpaid bill, etc.
          • Self-attested copy of PAN card
          • Letter of compliance with rules and regulations and declarations in the format as may be required by the organizers or applicable laws.
          PFG or such 3rd Party as designated by us shall receive the documents from Winner for verification purposes, we will publish the results.()* If the winner fails to comply with the set requirements his right to win the prize shall be considered forfeited.
        10. Post completing documentation process, the winner will be informed (through tele-calling/Email/SMS) regarding the modalities of the prize and distribution thereof. Delivery of prize if any will be subject to the winner(s) giving the correct address and his/her availability on provided address. In the event the prize cannot be delivered, when specified that it will be delivered, due to reasons beyond the control of PFG, the winners shall collect them from the nearest place specified by our team.
        11. In case of anomalies in the details provided by the winner while registering with Paytm / PFG and documents submitted by winner while claiming prize, such winner will stand disqualified with immediate effect.
        12. The prize(s) to the winner(s) shall be given subject to compliance with all applicable statutory legislations, processes and formalities in connection with the prize(s) and on production of all such documents/papers as may be required by us before accepting the delivery of the prize. Any failure on the part of the winner(s) to comply with directions issued by PFG for claim of prize shall entitle PFG to forfeit the prize(s) or roll the prize over to the next eligible winner(s), at their sole discretion.
        13. If You are providing any incorrect information or concealing/withholding any information from PFG with intent to participate and/or be chosen as the winner(s), You will automatically be disqualified from participating in it and being chosen as the winner(s) of the different categories of prize. Such act of yours providing incorrect information or concealing/withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, mobile connection of operator number, domicile etc., by You or dispute with the PFG, shall entitle us to disqualify You without any further intimation. We reserve our right to take appropriate legal action against You if You are found to be involved in illegal/unauthorized activity.
        14. Prize winners understand and agree that PFG its owners and affiliates, shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal loss or injury that may be suffered (including loss of life), to a Winner and/or any third party, directly or indirectly, by use or non-use of the Prize.
        15. Post Winner(s) declaration and completion of their announcement and further process, as the case may be, if we find that the declared Winner(s) is / are erroneous then we reserve the right to nullify the earlier result and declare a new and corrected Winner(s) list again (under this Terms of Access) and cancel the Prize of Winner(s) declared earlier and the decision of PFG shall not be challenged by any erroneously selected Winners and you unconditionally agree the same.
        16. Amounts lying in the Inactive Accounts will be forfeited / expired / cannot be used further or shall be subject to other requirements as decided by us at our sole discretion. To clarify further, Inactive Account usage shall be subject to our discretion and we shall be governing the usage of amounts lying in Inactive Account.
    18. Approval/ Acceptance :
      • By participating in the games, You indicate your unconditional acknowledgement and acceptance of these Terms of Access and /or any additional terms and conditions may apply in order for You to avail specific First Games by Paytm Offerings and to specific portions or features of the First Games by Paytm Platform, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Access by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Access and the terms posted for or applicable to a specific portion of the First Games by Paytm Platform or for any First Games by Paytm Service offered on or through the First Games by Paytm Platform, the latter terms shall control with respect to Your use of that portion of the First Games by Paytm Platform or the specific First Games by Paytm Service, to the extent there is any conflict.
      • You confirm and waive the applicability of rules and regulations of the National Do Not Call Registry to receive promotional messages and alerts including without limitation daily updates on the score under the contest / campaign criteria from PFG, as we may decide in our sole discretion.
      • You are aware that answers submitted on the First Games by Paytm Platform and sent by You may not be received by us instantly or received late due to various factors outside the control of First Games by Paytm such as network failure, system failure etc. In all instances the time of receipt by First Games by Paytm shall be taken into account, and You agree not to dispute, challenge or raise any claim / action against us by the delay caused in receiving.
      • Bribes, Gifts, Entertainment, Favours and Payment: ou shall not offer any PFG employee gifts, payments, Services, or other favors where these would, or might appear to improperly influence the employee in performing his or her duties for PFG. PFG employees should not encourage or solicit gifts, entertainment or Services from You. Gifts of cash or cash equivalents (e.g. gift cards) are prohibited. Consistent with PFG requirement that all business conducted with us adheres to applicable laws and regulations, the use of bribes, secret compensation or kickbacks is strictly prohibited.
      • Ad Serving: We may employ internal or third parties ad serving technologies for serving ads within our game offerings or First Games by Paytm Platform which may use certain methods to collect information as a result of ad served through these services. Some of the data collected may be used for determining the popularity of certain content, deliver contextual advertising and content and your activity on the First Games by Paytm Platform, amongst other things subject to our Privacy Policy at https://paytmfirstgames.com/privacy-policy
      • General Terms:
      • Support: Subject to the other provisions of the terms of usage, PFG will attempt to help you with any queries or problems that You may have with the First Games by Paytm Platform or any of your purchases through the First Games by Paytm Platform. To reach our customer support team, please e-mail us at care@paytmfirstgames.com. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible. If You believe that any action has been taken against your account or device in error, please contact customer support at care@paytmfirstgames.com.

        To raise a query, please tap on the menu bar on the top left-hand side. You will find a 24x7 Help button in the bottom left. Choose the category with which you have an issue. If the responses are not satisfactory, you can opt to message us with more details of the issue. Alternatively, you can also click on the "My Balance" button on the right-hand side and then click on 24x7 Help from the bottom to raise an issue.

        Further, any information that is being requested in connection with the campaign or contest, may be provided by us at our sole and absolute discretion, and will be dependent on the nature of the information requested. Please note that any information requested by you shall only concern you and under no circumstances will we be providing you with the confidential information or information pertaining to other participant(s). We will entertain queries maximum for the period of one month, from the date of start of such corresponding matter and no such request shall be entertained thereafter. For nonpaid transactions information provided by us, will not be held accountable/answerable or as evidence against us and we do not make any commitment, express or implied to respond to any feedback, suggestion and/or queries.
      • Remedies: You agree that this Terms of Access is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Access. You also understand and agree that this Terms of Access, other PFG Policies and the supplemental terms as and when incorporated, are not intended to confer, and do not confer, any rights or remedies upon any person.
    19. Assignment: PFG may assign or delegate these Terms of Access and/or the PFG Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Access or Privacy Policy.
    20. Severability: If any part of this Terms of Access is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of PFG, and the remaining portions shall remain in full force and effect.
    21. Language of the Terms of Access: If we provide you with a translation of the English language version of these Terms & Conditions of Service, PFG Privacy Policy or any other policy (collectively "Paytm First Games Policies"), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the Paytm First Games Policies. In the event of a conflict between a translation of the Paytm First Games Policies and the English version, the English version of the Paytm First Games Policies will control.
    22. Waiver: Failure of First Games by Paytm to exercise or enforce any right or provision of this Terms of Access will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Access will be effective only if in a writing signed by PFG.
    23. Employees of "PFG" (including their family members & relatives) and of their group companies, affiliate or associate companies shall not be eligible for any of the Prizes under contest / campaign / offers whatsoever and it shall be the sole discretion of PFG, whether to provide or not. In instances where we have exclude “Employees” from rewards, and it comes to our knowledge that the Winner is an employee of PFG or their family members or relatives, then we reserve the right to forfeit the gratification / prize / rewards.
    24. Incidental expenses: All incidental costs, taxes or levies related to the winnings if any, shall be exclusively borne by the winner, including but not limited to logistics, TDS, gift tax (if any), Insurance and any other taxes applicable by the central, state or municipal government. If your claim for prize requires you to travel then you will be required to make own arrangements for travel, accommodation to claim the winnings (if applicable); PFG shall not be responsible for the same or any cost of travel and accommodation incurred by any of customers, unless and until notified in the contest.
    25. The campaign / contest / Terms are designed / sourced by First Games by Paytm, as per our best of efforts. In case there is any discrepancy or dispute regarding, then decision of PFG shall be final and neither PFG nor any third party shall have any obligation towards customers, save and except guidelines / directions issued by any applicable competent authority from time to time. No queries/complaints whatsoever in this regard will be entertained.
    26. Breach:
      1. In the event of breach of any of the terms being evidenced from our investigation or if there is reasonable belief, in our sole discretion, that your continued access to the First Games by Patym Portal or Website is detrimental to our interests , our other users or the general public; we may in our sole discretion take any or all of the following actions:
        • restrict games between users suspected of colluding or cheating;
        • permanently suspend your user account on the website;
        • forfeit the cash balance in your user account;
        • demand damages for breach and take appropriate civil action to recover such damages; and/or
        • initiate prosecution for violations that amount to offences in law.
      2. Additionally, in the event of committing material breach hereof, we reserve the right to bar you from future registration on the website.
      3. The decision of PFG on the action to be taken as a consequence of breach shall be final and binding on you.
      4. Any action taken by PFG shall be without prejudice to our other rights and remedies available in law or equity.
    27. Other Terms and Conditions
      1. Additional terms and conditions may apply in order for You to avail specific First Games by Paytm Offerings and to specific portions or features of the First Games by Paytm Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the First Games by Paytm Platform, the latter terms shall control with respect to Your use of that portion of the First Games by Paytm Platform. PFG may make changes to any First Games by Paytm Offerings offered on the First Games by Paytm Platform, or to the applicable terms for any such First Games by Paytm Offerings, at any time, without notice. The materials on the First Games by Paytm Platform with respect to the First Games by Paytm Offerings may be out of date, and PFG makes no commitment to update the materials on the First Games by Paytm Platform with respect to such First Games by Paytm Offerings. The following terms also govern and apply to Your use of the First Games by Paytm Platform, and they are incorporated herein by this reference:
      2. SSOID Service, Participating Platforms - Paytm’s SSOID service offers You the convenience, after a one-time registration any First Games by Paytm Platform, to sign on (log in) to all web pages and online platforms operated by Paytm or its affiliates (hereinafter the Participating Platforms) with single log-in access / data, without going through a separate registration process every time. After successfully registering for the SSOID Service, the user can log-in via each Participating Platform with his SSOID access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations). The Participating Platforms that offer the SSOID as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary in the course of time. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which Paytm’s SSOID service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of Paytm is solely responsible only for those content that it actually operates. For the SSOID service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The SSOID shall be owned and operated by One97 for use on all Participating Platforms. For the use of Paytm’s SSOID service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the SSOID service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the SSOID service or to disclose them otherwise. The user is obliged to inform Paytm immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our SSOID service (hereinafter the SSOID Agreement). Our offer for the conclusion of the SSOID Agreement is then effected by the fact that Paytm sends the user a confirmation by e mail, in which a confirmation link is included next to the user name and the password for the SSOID Service. By the user clicking on this confirmation link, the user accepts Paytm’s offer, so that in this way the SSOID Agreement enters into force. Conclusion of the SSOID Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. Paytm is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for Paytm) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.
      3. Service Disruptions
        • We 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 those sites. We do not exercise control over any third party internet sites and cannot be held responsible for any content residing in any third-party internet site. Inclusion of any third-party content or links to third-party internet sites is not an endorsement by us 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 you 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 you shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. You agree that we 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.
        • Our portal contains content that is created by us as well as content provided by third parties. We do not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by you in utilizing the activity including while participating in any of the game hosted on portal.
        • To the extent permitted by law, PFG makes no representations or warranties as to the quality, suitability or merchantability of the game or any contest in the game; neither do we represent that the platform is fit, secure and stable for particular purposes. We shall not be liable in respect of default arising either due to commission or omission of any act, from any of the above part of this clause.
        • If any advertisements or purchases related to virtual coins are carried out through the third-party sites, Participants understand and agree that the said services are on independent basis and PFG is not responsible for authorization/denial of any such transactions. Such transactions are subject to and are undertaken in accordance with the terms and conditions specified by such third-party sites without any liability or obligation to PFG and you are required to independently verify and abide by the terms and conditions applicable for such third party sites.
      4. Communication Policy
        By accepting the T&Cs, You accept the following:-
        • PFG / Paytm may send alerts or make phone calls to the mobile phone number provided by You while registering with the First Games by Paytm Platform for the SSOID service or on any updated mobile number subsequently provided by You on the First Games by Paytm Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in 'On' mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in 'Off' mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
        • We will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from us as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the First Games by Paytm Platform or availing any First Games by Paytm Offerings. PFG shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold PFG liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
        • The SMS/e-mail alert/push notification service provided by PFG is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, we shall be immediately informed about the same by You and we will make best possible efforts to rectify the error as early as possible. You shall not hold PFG or its affiliates liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
        • The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. PFG shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
        • You will indemnify and hold harmless PFG and its affiliates including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney's fees which PFG or its affiliates or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the First Games by Paytm Offering from PFG or its affiliates and/or the SMS/e-mail service provider.
      5. Use of First Games by Paytm Platform - You understand that except for information, products or services clearly indicated as being supplied by Paytm First Games, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that PFG or its affiliates cannot and does not guarantee or warrant that files available for download through the First Games by Paytm Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.
      6. Prohibited Conduct - By accessing or using the First Games by Paytm Platform or by availing First Games by Paytm Offerings, You agree not to:
        • violate the T&Cs;
        • impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the First Games by Paytm Offerings, perform any other similar fraudulent activity or otherwise avail First Games by Paytm Offerings with what we reasonably believe to be potentially fraudulent funds;
        • infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
        • use the First Games by Paytm Offerings if You are under the age of 18 years;
        • post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person;
        • post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
        • refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to Paytm;
        • remove, circumvent, disable, damage or otherwise interfere with security-related features of the First Games by Paytm Offerings and the First Games by Paytm Platform or features that enforce limitations on the use of the First Games by Paytm Offerings or the First Games by Paytm Platform;
        • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards First Games by Paytm Offerings or First Games by Paytm Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
        • use the First Games by Paytm Offerings or the First Games by Paytm Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the First Games by Paytm Offerings or the First Games by Paytm Platform in an automated manner;
        • modify, adapt, translate or create derivative works based upon the First Games by Paytm Offerings and the First Games by Paytm Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
        • intentionally interfere with or damage operation of the First Games by Paytm Offerings or the First Games by Paytm Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
        • use any robot, spider, other automatic device, or manual process to monitor or copy the First Games by Paytm Platform without prior written permission;
        • interfere or disrupt the First Games by Paytm Platform or networks connected to the First Games by Paytm Platform;
        • take any action that imposes an unreasonably or disproportionately large load on Paytm’s infrastructure/network;
        • use any device, software or routine to bypass the First Games by Paytm Platform’s robot exclusion headers, or interfere or attempt to interfere, with the First Games by Paytm Offerings;
        • forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the First Games by Paytm Platform or to manipulate Your presence on the First Games by Paytm Platform;
        • sell the First Games by Paytm Offerings, information, or software associated with or derived from it;
        • use the facilities and capabilities of the First Games by Paytm Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
        • breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs;
        • provide false, inaccurate or misleading information;
        • use the First Games by Paytm Platform to collect or obtain personal information, including without limitation, financial information, about other users of the First Games by Paytm Platform, except and only as expressly provided in the T&Cs;
        • avail First Games by Paytm Offerings with what PFG or its affiliates reasonably believes to be potentially fraudulent funds;
        • use the First Games by Paytm Offerings in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to PFG or its affiliates, a third party or You;
        • use the First Games by Paytm Offerings in a manner that Paytm or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;take any action that may cause PFG or its affiliates to lose any of the First Games by Paytm Offerings from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;
        • send automated request of any kind to the First Games by Paytm Platform without express permission in advance from Paytm.
      7. Termination; Agreement Violations - You agree that PFG, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the First Games by Paytm Offerings/First Games by Paytm Platform and remove and discard on the First Games by Paytm Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time. We may also at our sole discretion and at any time discontinue providing access to the First Games by Paytm Offerings, or any part thereof, with or without notice. You agree that any termination of Your access to the First Games by Paytm Offerings/First Games by Paytm Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that PFG or its affiliates will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies PFG or its affiliates may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the First Games by Paytm Offerings/First Games by Paytm Platform.
      8. In response to a violation of these Terms of Access or any other agreement applicable to First Games by Paytm Offerings accessed by You, or We deem that your use of First Games by Paytm Offerings renders Paytm First Games less safe for other users or for illegal or improper use of First Games by Paytm Offerings, content, entitlement, products, or PFG Intellectual Property, We may issue You a warning, suspend your account, selectively remove, revoke or garnish entitlements at an account and/or device level, immediately terminate any and all accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all First Games by Paytm Offerings or certain First Games by Paytm Offerings. On such termination You will lose your user name and ID, no refund / refunds will be granted, no entitlements will be credited to you or converted to cash or other forms of reimbursement, and You will have no further access to your account or entitlements associated with your account. Bonuses lying in your Bonus Account shall return to us and you shall not have any right or interest on such Bonus Account.
      9. You understand, acknowledge and agree that in such an instance, we are not required to provide you notice before taking action to suspend or terminate your account, temporarily or permanently banning your device from some or all First Games by Paytm Offerings or selectively removing, revoking or garnishing entitlements associated with your account. If PFG terminates your account, you may not participate in First Games by Paytm Service again without PFG express written permission. You may not allow individuals whose accounts have been terminated by PFG to use your account.
      10. Limitation of Liability and Damages - In no event, PFG or its affiliates or its contractors, agents, licensors will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the First Games by Paytm Offerings, the First Games by Paytm Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the First Games by Paytm Offerings, the First Games by Paytm Platform (including any and all materials) or any reference sites/app/platform/service, even if Paytm First Games has been advised of the possibility of such damages.
      11. In no event, PFG or its affiliates, directors, employees, agents, will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the First Games by Paytm Offerings, the First Games by Paytm Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the First Games by Paytm Offerings, the First Games by Paytm Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with PFG or its affiliates, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the rake commission paid by You, if any, for using the portion of the First Games by Paytm Offering or the First Games by Paytm Platform giving rise to the cause of action, or beyond or in excess Rs, 500 whichever is lower. In case you have won any reward / prize, then in such instances apart from the entitlement for that prize, You or your legal heirs / successors / representative do hereby agree and acknowledge that there will have no other rights or claims against us, or our owners/organizers/sponsors and affiliates. Notwithstanding anything, in case of any dispute, maximum aggregate liability of PFG, shall not exceed value of concerned rake fees or commission charged by us, or Rs. 500, whichever is lower.
      12. You acknowledge and agree that First Games by Paytm has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and PFG, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and PFG. PFG or its affiliates would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, PFG and its affiliate’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
      13. Indemnification - You agree to indemnify, save, and hold PFG, its affiliates, employees, officers, directors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, which shall include and not be limited to liabilities arising out of or related to: (i) breach or alleged breach of the representations or obligations by the customers; (ii) Your use or misuse of the First Games by Paytm Offerings or of the First Games by Paytm Platform; (iii) any violation by You of this Agreement or the SSOID Agreement; (iv) any breach of the representations, warranties, and covenants made by You herein; (v) any failure by the customers to comply with applicable law and (vi) any third party claim in respect of misuse of any information of a third party by You. PFG reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify PFG or its affiliates, including rights to settle, and You agree to cooperate with us for defense and settlement of these claims. PFG will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
      14. The Participants shall indemnify and keep indemnified PFG and their officers, directors, employees, customers, and affiliates harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which PFG may incur, pay or become responsible as sponsor/organizer/facilitator as a result of (i) breach or alleged breach of the representations or obligations by the Participants under the T&C hereunder; (ii) any failure by the Participants to comply with applicable law and (iii) any third party claim in respect of misuse of any information of a third party by the Participant. PFG shall have the right to defend themselves, pursuant to this clause, at the cost of the Participants. PFG or their respective affiliates shall not be responsible for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the Winner(s) or any third party, in connection with the Offer. It is expressly provided that transaction shall be between Participant & Paytm First Games only.
      15. No Warranties - To the fullest extent permissible pursuant to applicable law, PFG and its affiliates and its third-party partners, disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You either from Paytm or from PFG or through the First Games by Paytm Offerings or the First Games by Paytm Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “First Games by Paytm” includes PFG officers, directors, employees and Paytm includes ‘Paytm’ officers, directors, employees. You expressly agree that use of the First Games by Paytm Offerings on the First Games by Paytm Platform is at Your sole risk.
      16. Subject to any applicable laws; we disclaim warranties of any kind whatsoever, whether express or implied, including and not limited to, meeting of the end users requirements or aspirations, timeliness, security, the results or reliability of any offer, delay in sending or receiving the SMS for participating in any campaign, any type of delay by the participant / winner, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits or prize/gratification/awards acquired or obtained through the platform or any transactions effected through the First Games by Paytm; and no advice or information whether by representations, oral, written or pictorial derived from the platforms including but not limited to websites/ SMS, shall be construed to mean the giving of any warranty of any kind neither do we represent that the platform is fit, secure and stable for particular purposes. We shall not be liable in respect of default arising either due to commission or omission of any act, from any of the above part of this clause.
      17. If any advertisements or purchases related to virtual coins are carried out through the third-party sites, Participants understand and agree that the said services are on independent basis and PFG is not responsible for authorization/denial of any such transactions. Such transactions are subject to and are undertaken in accordance with the terms and conditions specified by such third-party sites without any liability or obligation to PFG and you are required to independently verify and abide by the terms and conditions applicable for such third party sites.
      18. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally and You expressly agree that your participation is at your sole risk and is governed by the Terms herein. PFG or its affiliates does not warrant that the First Games by Paytm Offerings will be uninterrupted or error-free or that defects in the site will be corrected. First Games by Paytm Offerings and the First Games by Paytm Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the First Games by Paytm Offerings/First Games by Paytm Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. This paragraph shall survive termination of this Agreement.
      19. Disclaimer and User Conduct:
        1. To the extent permitted under law,
          • neither PFG nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees, licensors or associates shall be liable and or responsible for the deletion, the failure to store, the miss-delivery, or the untimely delivery of any information or material, or liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use First Games by Paytm, even if Users have been advised of the possibility of such damages.
          • We shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, First Games by Paytm Services or sites, cancellation of competition and prizes. We disclaim any responsibility for, and if a User pays for access to one of services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by maintenance of PFG on the servers or the technology that underlies our sites, failures of PFG or its technology partners, service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, We do not provide any warranty as to the content and the same is distributed on an "as is, as available" basis.
          • in the event of suspension or closure of any services, events or contests, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
          • We shall not be liable or responsible for opening an account or deactivating an open account, if it comes to our knowledge that due to some extraordinary conditions, a user account was previously closed and balances were paid to such user within 365 days of closure of previous account; and as such, it shall be our sole discretion.
        2. Any material accessed, downloaded or otherwise obtained through our platform is done at your discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to your computer system or loss of data that results from download of any such material.
        3. In order to ensure fair play for all Users, we may take steps that will prevent any collusion among users in order to win/lose or otherwise determine the outcome of a game and by accepting these Terms, you agree that you will not play any game in partnership with or by communicating with other Users to have undue benefits or to pass on the same to others. In the event we find collusion, fraud or any other unfair practices, we have the right to a) cancel such games and refund the points/amounts involved in any such game, b) b) withhold the amount remaining with us, and c) to cancel and close your account without any communication to you. We retain the sole right to determine what constitutes collusive or fraudulent activity in relation to the services, and our decision in such matters shall be final.
        4. We shall make reasonable endeavours to ensure that our services are error-free and secure, however, neither PFG nor any of its partners, licensors or associates makes any warranty that:
          • First Games by Paytm will meet Users' requirements,
          • Paytm First Games by Paytm will be uninterrupted, timely, secure, or error free
          • results that may be obtained from the use of First Games by Paytm will be accurate or reliable; and
          • the quality of any products, First Games by Paytm Services, information, or other material that Users purchase or obtained through First Games by Paytm will meet Users' expectations.
        5. In case if We discover any error, including any error in the determination of winners or in the transfer of amounts to a User's account, We reserves the right (exercisable at our sole discretion) to rectify the error in such manner as deemed fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, We agree to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
        6. Any First Games by Paytm Services, events or contest(s) being hosted or provided, or intended to be hosted or provided on First Games by Paytm and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant First Games by Paytm Services, events or contest(s) are hosted or provided.
        7. Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by PFG ). Users further agree to update and keep updated their registration information and abide by these Terms and Conditions and all other rules, regulations and terms of use of Paytm First Games. In the event of any default we may, at our sole and absolute discretion:
        8. Users agree to ensure that they can receive all communication from PFG by marking e-mails from PFG as part of their "safe senders" list. We shall not be held liable if any e-mail remains unread by a User as a result of such e-mail getting delivered to the User's junk or spam folder.
        9. Any password issued by PFG 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 us of any unauthorized use of their passwords or accounts or any other breach of security.
        10. Users agree to exit/log-out of their accounts at the end of each session. We shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
        11. in the event if your account has been deactivated or suspended due to reasons as mentioned hereinabove (and decided at our sole discretion), then in such instances you shall not open another account for one year or such period of time as intimated by us.
        12. 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 First Games by Paytm Services or our platform.
        13. Users agree that without PFG’s express written consent, they shall not modify or cause to be modified any files or software that are part of First Games by Paytm Services.
        14. 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 First Games by Paytm or First Games by Paytm Services (each a "Server"); or (2) the enjoyment of First Games by Paytm Services by any other User or person.
        15. 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 First Games by Paytm Services or any other person's use or enjoyment of First Games by Paytm Services.
        16. Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to First Games by Paytm Services by any means other than the User interface provided by PFG , 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 First Games by Paytm Services.
        17. If a User chooses a username that, in our opinion is obscene, indecent, abusive or that might subject us to public disparagement we reserve the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts from First Games by Paytm, deny such User access to First Games by Paytm, or any combination of these options.
        Use of First Games by Paytm is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit PFG right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of First Games by Paytm.
      20. Ownership; Proprietary Rights - The First Games by Paytm Offerings and the First Games by Paytm Platform are owned and operated by PFG and/or its affiliates. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the First Games by Paytm Offerings and the First Games by Paytm Platform provided by Paytm (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and PFG, all Materials, trademarks, service marks, and trade names contained on the First Games by Paytm Platform are the property of PFG. You agree not to remove, obscure, or alter PFG / Paytm or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the First Games by Paytm Offerings/First Games by Paytm Platform. Except as expressly authorized by PFG, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. We reserves all rights not expressly granted in this Agreement. If You have comments regarding the First Games by Paytm Offerings and/or the First Games by Paytm Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to PFG, and shall assign to PFG, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights. Our offerings are owned, licensed and operated by First Games by Paytm Services and the First Games by Paytm Platform including without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of First Games by Paytm and each area contained therein are the property of PFG and/or its third-party content providers. PFG owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the First Games by Paytm Platform (including, without limitation, content that First Games by Paytm enables You to download) without the express written permission of PFG and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, and legend or copyright notice shall be made. You acknowledge that the PFG and/or third-party content providers remain the owners of all materials posted on the website, and that you do not acquire any of those ownership rights by downloading copyrighted materials. Trademark Notice: PFG, First Games by Paytm Platform and/or First Games by Paytm via Paytm Platform, contents of First Games by Paytm website and the logo, games are trademarks or registered trademarks of PFG in India and elsewhere. All other names of companies and products mentioned herein may be trademarks of their respective owners and are used with permission only. All rights not expressly granted herein are reserved. Copyright Notice: All games, content and software ("Software") (if any) that is made available to view and/or download in connection with the First Games by Paytm Platform is owned by and is the copyrighted work of PFG and/or its suppliers and is protected by copyright laws and international treaty provisions. For any Software, PFG hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the First Games by Paytm Platform in accordance with these Terms of Service, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. You will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited.
      21. Ownership; Proprietary Rights - We may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the First Games by Paytm Platform or by any other reasonable means. Except as otherwise set forth herein, notice to PFG must be sent by courier or registered mail to PFG, B-121, Sector-5, Noida, Uttar Pradesh 201301, India
      22. Dispute Resolution - If any dispute, controversy or claim arises under this Agreement or in relation to any First Games by Paytm Offering or the First Games by Paytm Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. You agree that any claim or dispute You may have against PFG and its affiliates must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
      23. Survival Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
      24. Headings The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.
      25. Entire Agreement This Agreement is the entire agreement between You and Paytm First Games relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Paytm First Games in accordance with the terms of this Agreement.
      26. T&C for various Games at available First Games by Paytm Platform:
        1. First Games by Paytm in collaboration with our partners is offering various games and modules accessible through First Games by Paytm Platform. These Games are 'Games of Skill' and the players who acquire more skill are likely to perform better in such Games. All these Games in addition to their specific T&C’s are governed by the T&Cs mentioned hereinabove.
        2. Conditions for Participation:
          1. By entering a Contest, user agrees to be bound by these Terms and the decisions of PFG shall be final. Subject to the Terms, We at our sole discretion, may disqualify any user from a contest, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which First Games by Paytm deems to be improper, unfair or otherwise adverse to the operation of the contest or is in any way detrimental to other Users which includes, but is not limited to:
            • Falsifying ones' own personal information (including, but not limited to, name, age, email address, Paytm account, bank account details and/or any other information or documentation as may be requested by PFG to enter a contest and/or claim a prize/winning.;
            • You agree to provide us with true, accurate, current and complete information at all times and update your details and or keep us updated about the same.
            • 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;
            • Colluding with any other user(s) or engaging in any type of syndicate play;
            • Any violation of contest rules or the Terms of Use;
            • Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
            • 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
            • Any type of misuse or misuse of any other offers or promotions;
            • 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;
            • 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 PFG Users, sending unwarranted email content either to selected Users or in bulk); or
            • Abusing PFG in any way (unparliamentarily language, slangs or disrespectful words are some of the examples of Abuse)
          2. It is clarified that in case a User is found to be in violation of this policy, PFG reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
          3. The contest(s) across PFG shall, in addition to the Terms mentioned herein, be governed by:
            • "Rummy Rules" or “Fantasy Rules”, or such other rules as the case may be, made available at ‘How to Play Section’.
            • Other rules and regulations (including rules and regulation in relation to any payments made to participate in the contest(s); and all Participants agree to abide by the same.
        3. Legality of the Games of Skill:
          • Games of skill are legal in India, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Hon’ble Supreme Court of India 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/participant, it shall be classified as a game of skill.
          • In the case of Varun Gumber v. Union Territory of Chandigarh, High Court of Punjab & Haryana the court held that it has skill as it becomes necessary to assess the relative worth of each athlete/sportsperson any to constitute Fantasy Games.
          • The Game available on the First Games by Paytm Platform are the games of skill as success of users depends primarily on his / her superior knowledge of the Game. By participating in the Game, you acknowledge and agrees that you are participating in the games of skill.
          • If any Laws (including but not limited to local or State) requires us to change the Games or any T&Cs related to any Games, we shall be doing so at our sole discretion and by continuing to play, we would be deemed to understand that you have read, understood and agreed to the revised Terms as applicable at such point of time. We may, in accordance with the laws prevailing in certain states of India, bar individuals residing in those states from participating in the contest(s).
          • In some instances apart from information provided by you, additional information may be required for lawful / compliance purposes and which may be not limited to personal information for verification and/or bank account details. You shall provide correct and accurate details in all fields and undertake that you will i) keep this information current and up to date, ii) provide additional documentary proof wherever necessary, and iii) Provide consents for supplementary requirements.
        4. For Fantasy:
          1. The contest (s) (across PFG Services) are games of skill as success of Participants depends primarily on their superior knowledge of the game statistics, knowledge of players' relative form, players' performance in a particular territory, conditions and/or format (namely One day cricket matches, T 20 cricket, test matches in the cricket fantasy game), attention and dedication towards the contest(s) and adroitness in playing the contest(s). The contest(s) also requires Participants to field well-balanced sides with limited resources and make substitutions at appropriate times to gain the maximum points.
          2. Your use of Paytm First Games account is based on the assumption that you have read and understood the above information, along with the Terms and that usage or attempted use of your user account for any reason other than what is stated in the Terms may result in immediate termination of your user account and forfeiture of any prize, bonus or balance in the user account. There may be additional rules and regulations which might be applicable and required for multiple purposes including and not limited to compliance of laws. In the event any User breaches, or we reasonably believe that such User has breached these Terms, or has illegally or improperly used Paytm First Games or PFG Services, we may, at our 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 Paytm First Games or PFG Services; change, suspend, or discontinue all or any part of PFG Services; eject, move, or remove any material that may be submitted by a User; establish general practices and limits concerning use of Paytm First Games; revise or make additions to the roster of players available for selection in a contest on account of revisions to the roster of players involved in the relevant Sports Event; deactivate or delete the User's account and all related information and files on the account, delete any content posted by the User on Paytm First Games and further, take technical and legal steps as we deem necessary.
          3. Access to our Services or any part thereof may be restricted by us from time to time in our sole decision and which shall be governed by Terms and various State Laws governing the usage of Games. Some of the states in India do not allow playing Games, and as such you hereby confirm that -
            • By participating in this contest(s), you acknowledge and agree that he/she is participating in a game of skill.
            • You are not accessing the Services to play Games from outside India
            • You are a legal resident of India and confirm to be present in India while accessing the products and/ or services offered. To claim a winning you must be physically present in India.
            • You are not accessing the paid version of Contest to play Games from the banned states or licensed states as per Annexure I in India as these states bar persons from participating in games of skill where participants are required to pay to enter and withdraw the winnings amount from the Portal. For users from other states, you hereby confirm that your state laws allows you to participate in paid Fantasy Games offered by us and that you are not accessing the services from states which do not allow to play paid version of Games. We request you to refer to our Terms carefully and its amendments as and when applicable and if any state laws bars your restriction in the paid version of Fantasy Games, then you agree to abide by that.
            • If any State Laws requires us to change the Games, we shall be doing so at our sole discretion and by continuing to play, we would be deemed to understand that you have read, understood and agreed to the revised Terms as applicable at such point of time. We may, in accordance with the laws prevailing in certain states of India, bar individuals residing in those states from participating in the contest(s).
        Only those Participants who have successfully registered on Paytm First Games as well as registered prior to each round in accordance with the procedure outlined above shall be eligible to participate in the contest and win prizes, if any.
      27. A Rummy Gameplay:
        1. Rummy is a widely popular card melding game play. The goal is to form valid sequences and sets by drawing and discarding cards. Your objective shall be to be the first to create sets and get rid of all unwanted cards. This can either be sets, three or four cards of the same rank, e.g. ♥8♠8♦8 or runs, which are three or more cards of the same suit in a sequence, e.g. ♥A♥2♥3 or ♥5♥6♥7♥8. Based on the game play there are many variations of Rummy and at First Games by Paytm, you can play variants like - Points Rummy, Deals Rummy, so on and so forth and available through our platform.
        2. You are aware that participation in the Game 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 understand that PFG assumes no liability or responsibility for any financial loss that you may sustain as a result of participation in the Activity.
        3. We are authorized to collect money by way of amount to be held in trust for your participation in Game, and as such the funds held in trust does not carry any interest or return. Depending upon the Game outcome, amount held in trust will be credited, subject to compliance of the terms herein.
        4. Your participation in a Game 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 players in the Game and subject to the rules of the Game. You shall not hold us 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, service disruptions or other technical reasons whatsoever.
        5. As part of its Services, We may provide or make available contest(s) for users wherein users on our platform can play various versions of card Rummy Games such as:
          • Points Rummy: This is among the most popular variant of rummy. In this, the player plays for points for a pre-defined value. The winner does not get any points in this variant and it is the sum of points who lost, that add to the total. The point calculation is based on cards that have not been formed in valid sets and sequences.
          • Deals Rummy: This kind of rummy is played with chips or value equivalent to chips, with an equal number given to each player. Each chip has one-point value. The winner of this game receives the chip that matches the number of points of the losing players. The winner is who has the maximum chips at the end of all deals.
          • Pool Rummy: This is another variant of rummy and can be played for 201 pool rummy or 101 pool rummy. The player who reaches (201/101) point is eliminated from the game. Unlike in deals rummy, the winner of this game aims to get zero or minimum points to be eligible to win the prize.
          • Rummy Tournaments: To win in a Rummy Tournament, the 13 card game strategy and skill has to be blended together. These games are played multi-table with each table having 6 players at max. The number of players participating in the tournament will depend on the tournament size. The player of the round receives all the chips from the other players. The players with maximum chips will eventually win the tournament and are eligible for cash prizes
        6. Currently, there are paid versions of the contest(s) made available on First Games by Paytm Platform. Users may participate in the contest(s) by paying the pre-designated amount as provided on the relevant contest page. A pre-determined platform fee would be applicable for accessing First Games by Paytm Services and from this pre-determined platform fee bulk of the amount would be a contribution towards prize money pool.
        7. We may provide with services related to multiple contest with single entry and before participating, the relevant contest page shall display whether allowed or not. Users participating through this way acknowledge and agree that they must abide the Terms and restrictions or conditions as specified by First Games by Paytm from time to time, and in each case shall be at the sole determination and discretion of PFG.
        8. Participation in modules would be governed by the Terms mentioned herein and would be dependent on factors including and not limited to your gameplay, previous participation history in rummy or on First Games by Paytm, funds available, fair play policy etc. You understand, agree and accept that your participation in a Game available on the platform does not create any obligation on us to give you a prize and if any game or contest is declared illegal or unlawful by us (as per our sole discretion), then your contest would be nullified and participation fee shall be refunded. In case if prize money is declared and handed over, then in such instances we reserve the right to claim refund of such amount. Your winning a prize is entirely dependent on your skill as a player vis-a-vis other players in the Game and shall always be subject to the rules and Terms.
        9. All the winnings are subject to deduction of Platform Fee depending upon the version of rummy games played by you and the entry fee selected to play these games.
        10. In the event user indicates, that he/she is a resident of either banned states or licensed states as per Annexure I, such Participant will not be permitted to proceed or participate for the match or contest in any paid version of the contest(s).
        11. Random Number Generator Software: You understand that PFG maintains the said certification it considers appropriate in the best of its belief, however, it is not possible to test all possible scenarios in any testing environment and We specifically disclaim any and all liability in connection with the RNG used in our gaming software.
        12. The decision of PFG with respect to the awarding of prizes shall be final, binding and non-contestable. If it is found that a Participant playing the paid formats is under the age of eighteen (18), we reserve the right, at our sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, we may suspend or terminate such Participant's account.
        13. Transactions carried out through the third-party payment gateway(s) made available on the Service are on independent basis and it is not our responsibility for authorization/denial of any such transactions. Such transactions are subject to and are undertaken in accordance with the terms and conditions specified by such third-party payment gateways without any liability or obligation to us and you are required to independently verify and abide by the terms and conditions applicable for such third party payment gateways.
        14. To the extent permitted by law, We make no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same. We may, at our sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against us and/or question us, and right to modify such prizes being offered, shall lie exclusively with us, which we may undertake due to various reasons including lockdown etc. We shall not bear any responsibility for the transportation or packaging of prizes to the respective winners. Any loss or damage caused to any prizes at the time of transportation shall not be our liability or responsibility and the winners need to have adequate insurance policy coverages for the same. The winners shall bear the shipping, courier or any other delivery cost in respect of the prizes. The winners shall bear all transaction charges levied for delivery of cash prizes. Prizes shall be non-transferable and non-refundable. Prizes cannot be exchanged/ redeemed for cash or kind unless and until approved by us at our sole discretion. In normal scenarios no cash claims can be made in lieu of prizes in kind.
        *PFG reserves the right to abandon a specific round or to cancel the contests or the entire tournament in certain specific, uncertain scenarios, which are beyond Paytm First Games’ reasonable control. In such scenarios of cancellation, participant’s entire fee shall be refunded.
      28. Fantasy Games:
        1. PFG is offering fantasy sports games in India through First Games by Paytm Platform, where participating users create virtual teams composed of Players engaged in participating in a sport event and compete against teams drafted by other participating users in a game contest.
        2. These sports game are offered through various formats and we allow simultaneous participation by multiple users per contest per match. Users participate in the contests to compete against each other through the virtual player squads created by them. Each user’s virtual team collect points based on the actual performance statistics of the athletes comprising such team with the winning team/s being the ones with the highest points tally at the end of the game contest, as per the contest winnings breakup.
        3. Participants may be required to accurately provide information and which may include and not be limited be various details like
          • Full Name,
          • Team Name(s),
          • Email addresses
          • State of residence,
          • Date of birth, etc.
        4. In the event a Participant indicates, while entering an address, that he/she is a resident of either banned states or licensed states as per Annexure I, such Participant are adviced not to proceed or play for the round or contest in any paid version of the contest(s).
        5. Contests made available on First Games by Paytm Platform may include a) fantasy cricket game; b) fantasy Paytm First Games football game; c) fantasy kabaddi game; d) fantasy basketball game and e) A fantasy hockey game. Individual users wishing to participate in the such contest ("Participants") are invited to create their own fantasy teams ("Team/s") consisting of real life cricketers, footballers, basketball players, hockey players or kabaddi players (as applicable) involved in the real-life cricket/football/kabaddi/hockey/basketball match (as applicable), series or tournament (each a "Sport Event") to which the fantasy game relates. PFG offers its platform to Participants for fantasy game Contest(s) being created relating to each Sport Event, and Participants can participate in such Contest(s) with their Teams.
        6. . Contest Formats:
          PFG provides contest(s) in two separate formats of First Games by Paytm Services, i.e. (1) as a Public Contests where Users can participate in a contest with other Users without any restriction on participation and (2) Private Contests, where Users can invite specific Users into a contest and restrict participation to such invited Users. All rules applicable to contest(s) as set out herein shall be applicable to both formats of the contest(s). Additionally please refer to the Play section in the Game to understand more on the applicability of rules for the Game.
        1. Public Contest:
          • In the Public contest format of the Contest(s), PFG may make available the Contest(s) comprising of 2 - 100 Participants or any other pre-designated number of Participants. ◦ PFG may create and offer this format of the contest(s) as a paid format and the winner will be determinable at the end of the round.
          • The number of Participants required to make the contest(s) operational will be pre-specified and once the number of Participants in such contest(s) equals the pre-specified number required for that contest(s), such contest(s) shall be operational. In case the number of Participants is less than the pre-specified number at the time of commencement of the round, such contest(s) will not be operational and the participation fee paid by each Participant shall be returned to such User without any charge or deduction.
          • In certain Contests across the PFG Services, designated as "Confirmed contests", the Contest(s) shall become operational even if a single Participant joins a Confirmed Contest. The pre-specified number of winners to be declared in such Contest(s), even if all available Participant slots (as pre-specified in relation to the Contest(s)) remain unfilled. It is clarified that notwithstanding the activation of such Contest(s), Participants can continue to join such Contest(s) till either (i) all available Participant slots of such Contest(s) are filled or (ii) the match to which the Contest (s) relates commences, whichever is earlier.
          • In certain contests across the PFG Services, designated as "Confirmed contests", the contest(s) shall become operational even if a single Participant joins a Confirmed Contest. The pre-specified number of winners to be declared in such contest(s), even if all available Participant slots (as pre-specified in relation to the contest(s)) remain unfilled. It is clarified that notwithstanding the activation of such contest(s), Participants can continue to join such contest(s) till either (i) all available Participant slots of such contest(s) are filled or (ii) the match to which the contest (s) relates commences, whichever is earlier. In the event of shortfall in the number of participants joining the Confirmed Contest, PFG continue with such contests and the short fall in the prize pool shall be borne by PFG.
        2. Private Contest:
          • In the Private contest format of the Contest(s), PFG enables Users to create a contest ("Private contest") and invite other users, whether existing Users or otherwise, ("Invited User") to create Teams and participate in the Contest(s). Users may create a Private contest to consist of a pre-specified number of Participants, ie consisting of either 2 -100 Participants. The User creating the Private contest shall pay the pre-designated amount for such Private contest and thereby join that Private contest and shall supply a name for the Private contest and be provided with a unique identification code ("contest Code") (which will be issued to the account of such User). The User agrees and understands that once the Private contest is created no change shall be permitted in the terms or constitution of the Private contest, except for a change in the name of the contest. The User creating the Private contest shall provide PFG with the phone number / email address or Paytm account or other login details / username of Invited Users to enable PFG to send a message or mail inviting such Invited User to register with PFG (if necessary) and participate in the Private contest in relation to which the invite has been issued.
          • In order to participate in the Private contest, an Invited User shall input the contest Code associated with the Private contest and pay the pre-designated amount for the Private contest. Once the number of Participants in a Private contest equals the number of pre-specified Participants for that Private contest, the Private contest shall be rendered operative and no other Invited Users or Users shall be permitted to participate in the Private contest. In the event that any Private contest does not contain the pre-specified number of Participants for that Private contest within 1 hour prior to the commencement of the match/Contest, the Platform will initiate an automatic refund of the amount deposited. Such refund shall be processed after the expiry of the deadline for filling of participants for such Private Contest.
          • It is clarified that the participation of Invited Users in any Private contest is subject to the pre-specified number of Participants for that Private contest, and PFG shall not be liable to any person for the inability of any Invited User to participate in any Private contest due to any cause whatsoever, including without limitation due to a hardware or technical malfunction or lack of eligibility of such Invited User to participate in the Contest(s).
          • Depending upon the circumstances of each match, the participants can edit their Teams till the official match start time as declared by the officials of the Sport Event or adjusted deadline, as specified below –
        3. Actual match start time is before the official deadline*:
          • All sports other than Cricket :
          • First Games by Paytm reserves the right to adjust the deadline to a maximum of actual match start time or such other time as it deems fit. In case the actual match start time is more than official deadline, the contest will be abandoned at our sole discretion.
          • Cricket :
          • First Games by Paytm reserves the right to adjust the deadline by a maximum of actual time before the start of official match or such other time as it deems fit.
          • In cases where official match time cannot be verified by First Games by Paytm through reliable and/or publicly available sources, PFG reserves the right to adjust the deadline to such time by which it can be reasonably understood to take into account that the given match is officially started (i.e. bowling done) and such timings will be at our sole discretion. In all such instances, we may make reasonable commercial efforts to keep you informed.
        4. Actual match start time is after the official deadline*:
          • PFG reserves the right to extend the deadline or abandon the contest/game based on the circumstances such as delayed toss, interruption on account of weathers, non-appearance of teams, technical/equipment glitches causing delays etc. and which shall be at our sole discretion.
        5. PFG may endeavor to send communications through notifications, sms communication and /or emails, about any such change as is contemplated in the aforementioned paragraphs to keep you updated.
        6. Teams are awarded points on the basis of the real life cricketers', footballers', ‘basketball players’, ‘hockey players’ or kabaddi players (as applicable) performances at the end of a designated match, match or tournament of the Contest(s). The Participant(s) whose Team(s) have achieved the highest aggregate score(s) in the contest(s) shall be declared winners ("Winners"). In certain pre-specified contests, there may be more than one Winner and distribution of prizes to such Winners will be in increasing order of their Team's aggregate score at the end of the designated match(s) of the contests.
        7. Currently, there are paid versions of the contest(s) made available on First Games by Paytm Platform. Users may participate in the contest(s) by paying the pre-designated amount as provided on the relevant contest page. The ‘pre-designated amount’ means and includes pre-determined platform fee for accessing First Games by Paytm Services and pre-determined participant's contribution towards prize money pool. The Participant with the highest aggregate points at the end of the pre-determined match shall be eligible to win a pre-designated prize which is disbursed out of prize money pool, as stated on the relevant contest(s) page.
        8. Tabulation Of Fantasy Points” PFG may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s). In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, etc., as a result of inaccuracies in or incompleteness of the feed provided by the third party service provider comes to its attention, PFG shall ensure to use reasonable efforts to rectify such error prior to the distribution of prizes. However, PFG hereby clarifies that it relies on the accuracy and completeness of such third party score/statistic feeds and does not itself warrant or make any representations concerning the accuracy thereof and, in any event, shall take no responsibility for inaccuracies in computation and tabulation of fantasy points or the selection of winners as a result of any inaccurate or incomplete scores/statistics received from such third party service provider. Users and Participants agree not to make any claim or raise any complaint against PFG in this respect.
        9. A Participant may create different Teams for participation in contest(s) in relation to a Sport Event across the First Games by Paytm Services. However, unless First Games by Paytm specifies otherwise in relation to any contest ("Multiple Entry Contest"), Participants acknowledge and agree that they may enter only one Team in any Contest offered in relation to a Sport Event. In case of Multiple Entry Contest(s), a Participant may enter more than one Team in a single Multiple Entry Contest. In addition, it is expressly clarified that First Games by Paytm may, from time to time, restrict the maximum number of Teams that may be created by a single User account (for each format of the contest) or which a single User account may enter in a particular Multiple Entry Contest, in each case to such number as determined by First Games by Paytm in its sole discretion.
        10. There are no limits as to the number of times you can make changes to Team before the Actual match start (“Deadline”) however post Deadline, you shall not be allowed and be prohibited from changing or carrying out any change or edits in the Team. Any announcement regarding the change or additions with respect to the team line up before or after the Deadline, shall have no material impact or effect on the deadline of the Fantasy Games. The Fantasy Games shall be conducted and results will be declared irrespective of the time of announcement of team line up.
        11. Participant shall pay a pre-designated amount for participating in the contest(s) being created on the First Games by Paytm Platform.
        12. Any amount remaining unused in the Fantasy Winning Account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User's Paytm / bank account on record with PFG, subject to the processing fee (if any) applicable on such transfers as set out herein.
        13. In the event a Participant indicates, that he/she is a resident of either banned states or licensed states as per Annexure I, such Participant will not be permitted to proceed or participate for the match or contest in any paid version of the Contest(s).
        *PFG reserves the right to abandon a specific round or adjust the deadline of a round or to cancel the contests and such fantasy game or the entire series in certain specific, uncertain scenarios, which are beyond PFG’s reasonable control, including but not limited to the ones’ mentioned hereinabove. In such scenarios of cancellation, participants entire fee shall be refunded.
      29. Battle Centre:
        • Games available in Battle Center are paid games. Paid games are those games which require the Participant to possess skill as success of Participants depends primarily on their superior knowledge, game play, skill, attention and dedication towards the contest(s) and adroitness in playing the contest(s) and games are subject to changes from time to time based on the regulatory aspects and State Laws.
        • First Games by Paytm does not host, display or transmit any content owned by third parties on its server’s, unless we either have a license or are not prohibited under the applicable law, to do the same. When you play a game, you agree and acknowledge that First Games by Paytm does not create and/or broadcast any content on its own accord and we are not responsible or liable for the content or accuracy of the Games that may be accessed by you through First Games by Paytm.
        • We may include links to other third parties (some of which may be automated search results) which may contain materials that are objectionable, unlawful, or inaccurate. We do not endorse or support these links or the products and services they provide; and these links are provided for your convenience only. We are not responsible or liable for the content or accuracy of such links.
        • In the event a Participant indicates, that he/she is a resident of either banned states or licensed states as per Annexure I, such Participant will not be permitted to proceed or participate for the match or contest.
      30. Call Break:
        • Call Break is a popular traditional card game played with standard 52 cards and is played in the format of set collection i.e. making pairs. This game is based on the criteria that cards are collected from each player that is discarded at the center of the table and individual set is made. Your objective shall be to win the maximum number of sets in the game.
        • Spades are the trump cards and ace of spades is the highest ranking card. From the available suits i.e. available 4 slots player must follow the same suit; and if such card of same suit is not available player can play a trump card which is spades to have the hand. If the Player doesn't have spade then player can play any other card of their choice, but hand will not be of his / her.
        • Player must always try to win the trick, in other words (s) he must play higher cards possible and must have positive ranking and negative ranking will affect the overall rankings of player.
        • Based on the game play there are many variations of Call break and at First Games by Paytm, you can play variants so on and so forth and available through our platform.
        • You are aware that participation in the Game organized by us ("Activity") may result in financial loss to you and may be addictive. 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 understand that PFG assumes no liability or responsibility for any financial loss that you may sustain as a result of participation in the Activity.
        • We are authorized to collect money by way of amount to be held in trust for your participation in Game, and as such the funds held in trust does not carry any interest or return. Depending upon the Game outcome, amount held in trust will be credited, subject to compliance of the terms herein
        • Your winning a prize is entirely dependent on your skill as a player vis-a-vis other players in the Game and subject to the rules of the Game. You shall not hold PFG 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, service disruptions or other technical reasons whatsoever.
        • The paid versions of the contest(s) made available on First Games by Paytm Platform are chargeable. Users may participate in the contest(s) by paying the pre-designated amount as provided on the relevant contest page. A pre-determined platform fee would be applicable for accessing First Games by Paytm Service and from this pre-determined platform fee bulk of the amount would be a contribution towards prize money pool.
        • We may provide with services related to multiple contest with single entry and before participating, the relevant contest page shall display whether allowed or not. Users participating through this way acknowledge and agree that they must abide the Terms and restrictions or conditions as specified by PFG from time to time, and in each case shall be at the sole determination and discretion of PFG.
        • Participation in modules would be governed by the Terms mentioned herein and would be dependent on factors including and not limited to your gameplay, previous participation history in call break or on First Games by Paytm, funds available, fair play policy etc. You understand, agree and accept that your participation in a Games available on the platform does not create any obligation on us to give you a prize and if any game or contest is declared illegal or unlawful by us (as per our sole discretion), then your contest would be nullified and participation fee shall be refunded. In case if prize money is declared and handed over, then in such instances we reserve the right to claim refund of such amount.
        • All the winnings are subject to deduction of Platform Fee depending upon the version of call break games played by you and the entry fee selected to play these games.
        • In the event user indicates, that he/she is a resident of either banned states or licensed states as mentioned in Annexure I, such Participant will not be permitted to proceed or participate for the match or contest in any paid version of the contest(s).
        Notwithstanding anything what is mentioned hereinabove, PFG reserves the right to abandon a specific round or adjust the deadline of a round or to cancel the contests and such fantasy game or the entire series in certain specific, uncertain scenarios, which are beyond PFG’s reasonable control, including but not limited to the ones’ mentioned hereinabove. In such scenarios of cancellation, participants entire fee shall be refunded.
      31. POKER GAMEPLAY
        1. Poker is a popular card game and is normally played in a group with minimum two players. It uses a 52- card pack without jokers. Each player receives two cards face down. The dealer hands out five community cards face up. Players can use any five cards to form the combination. As the game progresses the pot money grows and is won by the winner having best five-card combination. There are stages in the games like Blind, Pre – flop, Flop, Turn, Showdown etc. Winner is the player who remains in the game till the completion of the hand and has the best hand or the highest hand based on the cards ranking shown below.
          The rankings for cards shall follow as under –
          1. Highest Rank - Royal Flush – cards of same colour and in sequence starting from Ten to an Ace with all five cards of the same suit; eg. ♥10♥J♥Q♥K♥A ; followed by
          2. Straight Flush - cards of same colour and in sequence with all five cards of the same suit; eg. ♥9♥8♥7♥6♥5 ; followed by
          3. Four of a Kind - any four cards of the same rank and the fifth card being the deciding card in case of tie, e.g. ♥A♠A♦A♣A♦K ; followed by
          4. Full House - any three cards of the same rank and other two cards of the same rank, e.g. ♥A♠A♦A♦K♣K ; followed by
          5. Flush – all five cards of same colour which are not in sequence and the highest card of the five determines rank; e.g. ♠3♠5♠9♠J♠A followed by
          6. Straight – all five cards of different colour but in sequence; eg. ♠A♥K♦Q♠J♣10 followed by
          7. Three of a Kind - any three cards of the same rank; e.g. ♥A♠A♦A♦K♣Q followed by
          8. Two Pair - two cards of the same rank and having 2 pairs, e.g. ♥A♠A♥K♦K♣Q followed by
          9. One Pair - two cards of the same rank and having 1 pair, e.g. ♥A♠A♥K♣Q♦J followed by
          10. High card - any hand not in the above - mentioned hands, e.g. ♥A♠J♥9♣6♦3
          Based on the game play there are many variations and you can play variants like – Texas Hold’em Poker, Omaha Poker, so on and so forth and available through our platform.
        2. CONDITIONS OF PARTICIPATION
          1. Our Services are available only to registered users and by completing the registration, we understand that you have reviewed, understood, agreed and confirm your acceptance to the Terms. Any modifications to the Terms shall be governed by various factors including and not limited to Terms and conditions above, and by continuing usage of the updated Terms, we would reasonably understand that you have reviewed, understood, agreed and confirm your acceptance to revised Terms.
          2. In the event user indicates, that he/she is a resident of either banned states or licensed states as mentioned in Annexure II, such Participant will not be permitted to proceed or participate for the match or contest in any paid version of the contest(s).
          3. Subject to the Terms, We at our sole discretion, may disqualify any user from a Game, refuse to award winnings or block account, if user engages in unfair conduct, which We deem to be improper, unfair or otherwise adverse to the operation of the Game and or contest or is in any way detrimental to other Users which includes, but is not limited to:
            • There shall not be any formation of teams or cartelization by you or on your behalf for the purpose of cheating or unlawful or illegal gains or any other form. In short cheating and collusion is strictly prohibited. When we detect or have reasons to believe that collusion or cheating has happened or is happening, then we shall nullify the Game and may take further appropriate action against offending users in terms hereof. We reserve the right at our sole discretion to determine what constitutes collusive or fraudulent activity and our decision shall be final and binding upon you.
            • You confirm of having the requisite skills 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.
            • being engaged in money laundering activities or that may be construed as money laundering.
            • being engaged in anti-spamming or sending any form of unsolicited communication for your benefits / exploitation.
            • Creating multiple ID’s. Your account and registration is restricted to a single user account which will be used by you to avail of the Services provided on the Portal and you are prohibited from creating or using multiple user IDs for registering on the Portal.
            • use Services on the Portal for commercial exploitation without being engaged directly on gameplay like 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 Portal.
            • upload, distribute or publish through the Portal, any content which may contain viruses or computer contaminants (as defined in the Information Technology Act 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 us.
            • Access or attempt to access the Services through someone else's user account.
            • 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.
            • deactivate or disenable any of the methods followed by us, used for trailing and understanding purposes and which would be used for regulatory / statutory provisions.
          4. You shall not engage in the Portal if you are
            • not an Indian citizen;
            • not having registered account;
            • Below 18 years of age; and such other conditions as mentioned hereinabove.
          5. We reserve the right to abandon a specific round or to cancel the contests or the entire tournament in certain specific, uncertain scenarios, which are beyond our reasonable control, including but not limited to the ones’ mentioned hereinabove.
          6. Any rewards or bonuses given by us as a part of promotional campaigns is entirely dependent upon our marketing and promotional activities and shall always be subject to the rules of the Game.
        3. PARTICIPATION
          1. As part of its Services, We may provide or make available contest(s) for users wherein users on our platform can play various versions of Poker game such as Texas Hold’em, Omaha, etc.
          2. These are some of the other modules which shall be available for gameplay and we might update the same within the gameplay. The contest(s) across PFG shall, in addition to the Terms mentioned herein, be governed by:
            • "Poker Rules" made available at How To Play Section
            • Other rules and regulations. To continue playing and enjoy gameplay all Participants are required to abide by the above.
          3. Currently, there are paid versions of the Game and Contest(s) available on our platform and which will have certain fees or charges towards Platform Fee depending upon the version of game played by you.
          4. Participation in modules would be governed by the Terms mentioned herein and would be dependent on factors including and not limited to your gameplay, previous participation history in poker or on PFG, fair play policy etc. You understand, agree and accept that your participation in a Game available on the platform does not create any obligation on us and if any game or contest is declared illegal or unlawful by us (as per our sole discretion and for reasons more specified hereinbelow), then your contest would be nullified, at our sole discretion.
          5. All the winnings are subject to deduction of Platform Fee depending upon the version of call break games played by you and the entry fee selected to play these games.
          6. In the event user indicates, that he/she is a resident of either banned states or licensed states as mentioned in Annexure II, such Participant will not be permitted to proceed or participate for the match or contest in any paid version of the contest(s).
        4. Random Number Generator Software: ………….. You understand that we maintain the said certification it considers appropriate in the best of its belief, however, it is not possible to test all possible scenarios in any testing environment and Gamepind specifically disclaims any and all liability in connection with the RNG used by our software.
        * Notwithstanding anything what is mentioned hereinabove, PFG reserves the right to abandon a specific round or adjust the deadline of a round or to cancel the contests and such fantasy game or the entire series in certain specific, uncertain scenarios, which are beyond PFG’s reasonable control, including but not limited to the ones’ mentioned hereinabove. In such scenarios of cancellation, participants entire fee shall be refunded.
Annexure I – List of Banned States
Andhra Pradesh
Arunachal Pradesh
Assam
Odisha
Telangana
Karnataka
Meghalaya
Nagaland
Sikkim
Annexure II – List of Banned States
Andhra Pradesh
Arunachal Pradesh
Assam
Gujrat
Odisha
Telangana
Karnataka
Meghalaya
Nagaland
Sikkim

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T & C

General Terms and Conditions of Paytm First Games Private Limited

Please read the following Terms of Access ("Terms of Access") carefully before registering on, accessing, browsing, downloading or using First Games by Paytm portal, which can be accessed via First Games website named https://paytmfirstgames.com/ First Games by Paytm and Paytm mobile application, First Games website, android stores and such other locations as uploaded (hereinafter collectively, the First Games by Paytm Platform) and run by Paytm First Games Private Limited ("PFG"), having its ­registered office at 136, First Floor Devika Tower, Nehru Place New Delhi – 110019 and headquartered at B-121, Sector-5, Noida – 201301 on any device and before availing any services offered on the First Games by Paytm Platform.

For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all services which means games and offers, deals and redemption services provided by Paytm First Games ("First Games by Paytm Offerings"). All Services are rendered by PFG through the First Games by Paytm Platform under the brand name “First Games by Paytm”.

These Terms of Access and all supplemental terms, as amended from time to time, govern your use of any First Games by Paytm Offerings or First Games by Paytm account to access, install or play offered by First Games by Paytm or any of its subsidiaries, affiliates and technology partners on personal computers, laptops, tablets and/or mobile devices.

  1. You should be at least 18 years of age and an individual user of the First Games by Paytm Platform. You agree that these terms constitute an agreement ("Agreement") between You and PFG and if additional terms and/or agreements apply to the First Games by Paytm Service(s) used by You, those additional terms and/or agreements shall govern on your use of First Games by Paytm Offerings as well.
  2. These Terms of Access, as well as PFG Privacy Policy available at https://paytmfirstgames.com/privacy-policy (Incorporated herein by reference) form legally binding contract between You and PFG. By using First Games by Paytm Platform, you affirm that you are competent to review and agree with the Agreement and that you have reviewed this Agreement and take full responsibility for your compliance with them.
  3. Modification of these Terms of Access: First Games by Paytm reserves the right to change, modify, add, or remove portions of this Terms of Access (each, a change and collectively, changes) or the contest / campaign at any time by posting notification on the First Games by Paytm Platform or otherwise communicating the notification to You. The changes will become effective immediately on a going-forward basis with respect to Your use of the First Games by Paytm Platform, availing the First Games by Paytm Offerings. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the First Games by Paytm Offerings/First Games by Paytm Platform. Your continued use of the First Games by Paytm Platform following the posting of changes constitutes your agreement to all such terms, conditions, and notices. You are responsible for regularly reviewing these Terms of Service and additional terms posted on the First Games by Paytm Platform.
  4. Limited License to access First Games by Paytm Offerings:
    1. Accessing Paytm First Games: By accessing or using First Games by Paytm Offerings, including browsing via First Games by Paytm website or through any other mobile application, you accept and agree to these terms of First Games by Paytm Offerings and the Privacy Policy. You may also be required to register an account on the Service (an "Account"). You warrant that you are not prohibited from receiving products, including services or software. You are responsible for any fees, including internet connection or mobile fees that You incur when accessing the First Games by Paytm Service.
    2. Account Creation and Information:
      1. To use our services, you will need to register with us. We may require You to create an account for First Games by Paytm Offerings with us with Username and Password on First Games by Paytm Platform or at any other website or platform. While creating the account You may be required to provide First Games by Paytm with certain personal information, which may include your name, birth date, e-mail address, address and, in some cases payment information. This information will be held and used in accordance with PFG Privacy Policy and relevant notices / policies, if any, provided at the point of information collection or use. Additionally for verification purposes we may require you to authenticate your account with Paytm and have access to details for paid services. You must provide the correct details in all fields and keep the details updated including and not limited to your personal information like postal address, email address, telephone number(s) etc. Any discrepancy in the KYC or other mandatory requirements shall make you ineligible for winnings, unless and until the same is updated.
      2. If You are required to update an account then certain additional information which may include your personal, professional and other details may be required. You agree that you will supply accurate and complete information to First Games by Paytm, and that You will update that information promptly after it changes.
      3. Any information provided by you to us should be complete and truthful to the best of your knowledge. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us. In case if we feel to have some background checking, then we may, at any time, require you to provide us with additional documentation and proofs to verify the correctness of this information, failing which we reserve the right to hold / suspend or terminate your registration.
      4. You understand and agree that deposits in your user account maintained with us are purely for the purpose of participation in cash module of games available at First Games by Paytm Offerings and neither can you transfer any sum from your user account to any other account nor withdraw the same except as may be permitted by us and based on the conditions as may be prescribed from time to time.
      5. Additionally we might be conducting certain promotional activities through which rewards by way of bonus are issued. We may gratuitously issue bonus to you for the purpose of participation in games or for other programs which we conduct routinely within our platform. All the bonuses will be credited in your bonus account (hereinafter referred to as “Bonus Account) and which can be used within the Platform, subject to the terms governing usage of Bonus Account.
    3. Use of Service :
      1. Your usage of the First Games by Paytm Offerings shall be subject to the following:
        1. You shall not create an account using a false identity or information, or on behalf of someone other than yourself;
        2. You shall not have an account or use the service if you have previously been removed by First Games by Paytm or previously been banned from playing any Games on First Games by Paytm Platform, and we at our sole discretion may allow You to create/reopen such account;
        3. If You are resident (permanent/temporary) of any state/union territory within the territory of India which disallows you from participation, then You shall not be entitled to participate in the First Games by Paytm Offerings in our Portal, wherever such First Games by Paytm Service is prohibited by applicable law as per the State/ Union Territory notifications / regulations in force now as per Annexure I and/or which may come in future. In short, participation in online games or contests or campaigns shall be controlled by your residential status and statutory regulations present in your state and please restraint or contact us, before enrolling from notified areas;
        4. You shall not use your account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
        5. You shall not use your account to engage in any illegal conduct;
        6. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your account or any virtual items associated with your account to anyone without our written permission;
        7. You shall refrain from using inappropriate language, including language that may look, sound like, stand for, hint at, abbreviate, or insinuate profanity, hate speech (including but not limited to racial, ethnic, or religious slurs), or illegal activities.
        8. You shall not carry out cheating of any kind (including by exploiting any bug or error) which is expressly prohibited and this includes exploiting any deficiency in our code or design, or in the code or design of any third party product or service used in connection with the Offerings , to gain an unfair advantage or to gain unauthorized privileges, access or abilities not clearly intended by the product’s design. Communicating information about such activities to others will also be considered cheating.
        9. You are responsible for any use of your credit card or other payment instrument;
        10. You are responsible for managing the amounts lying in the Bonus Account
        11. You agree to receive promotional messages relating to various tournaments & Bonus through short messaging services, electronic mails, push notifications and other means. If you wish to unsubscribe to the messaging services, please contact at the email id provided to you for unsubscribing.
    4. Specific conditions for the use of communication facilities (particularly discussion forums, chats, comments)
      1. First Games by Paytm may provide you with different communication facilities for self-created entries and posts on First Games by Paytm Platform or any other websites, pertaining to the game, services being offered and First Games by Paytm Platform, on social networks (particularly discussion forums, chats, blogs, guest books, etc. as well as the utilization of their comment functions, altogether known as the "communication facilities"), which you may use when available. In this regard, First Games by Paytm only provides you with the technical environment for an exchange of information. However, you do not have the right to claim communication features nor post any communications as mentioned in section 4.4.3 below.
      2. You take full responsibility for the content and entries you post and indemnify PFG from any claims from third parties arising from yours posts. PFG shall not be liable for content entered by you.
      3. Within the context of these communication facilities, you are prohibited from publishing or distributing content on First Games by Paytm or any other websites/Platform that:
        • violates an applicable law, goes against common decency, or breaches the general terms and conditions or the rules of the respective game;
        • violates trademarks, patents, utility or design patterns, copyrights, trade secrets, or other rights of third parties;
        • is obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature;
        • is of an abusive, harassing, or defamatory nature;
        • includes chain letters;
        • falsely suggests that it is provided or supported by PFG;
        • contains personal data of third parties without their explicit consent;
        • is commercial, in particular promotional, in nature.
      4. Notwithstanding any other rights under these Terms of Access, First Games by Paytm has the right to fully or partially remove content and entries that violate the rules of these Terms of Access. First Games by Paytm also has the right to exclude users who violate these rules, in whole or temporarily, from further use of First Games by Paytm online and mobile games, websites, and other services.
      5. In case if we find you not complying with the terms herein, then:
        • We reserve the right to remove, at any time and without notice, any content from the First Games by Paytm Platform.
        • We reserve the right to contact your Internet Service Provider ("ISP") regarding any inappropriate activities by you on the service.
        • We reserve the right to immediately terminate or suspend our First Games by Paytm Offerings who fails to abide by these Terms of Access. The decision to suspend or terminate accounts will be made at the sole discretion of PFG and are final.
    5. User Account suspension
      We may suspend or otherwise put restrictions on your access to First Games by Paytm Services on the Portal and during our assessment we understand or its comes to our notice that you have failed for any of the following reasons:
      • provide us with true, accurate, current and complete information at the time of registration and at all other times. You further agree to update and keep updated your registration information.
      • abide and be bound by these terms & conditions and all other rules, regulations and terms of use of the Portal. In the event you do not abide by these terms and conditions and all other rules, regulations, we may at our sole and absolute discretion, take necessary remedial action, including but not limited to restricting, or suspending, or terminating your access to all or any part of our services; deactivating or deleting your account and all related information and files on the account.
      • not register or operate more than one user account with us.
      • ensure fair play across all gameplay , and if we have initiated or taken steps that will prevent any user from colluding with other users in order to win/lose or otherwise determine the outcome of a Game, you shall help us with relevant details, suggestions and inputs. By accepting these terms & conditions, You agree that you will not play the any game in partnership with or by communicating with other users to give undue benefit to themselves or to other users. In case if we find a user to be involved in such activities, we have the right to withhold the amount remaining in the user account and to cancel and close the accounts without any communication to such User. We retain the sole right to determine what constitutes collusive or fraudulent activity in relation to the services, and its decision in such matters shall be final. In the event we find collusion, fraud or any other unfair practices, we have the right to cancel any such games and refund the points/amounts involved in any such games.that we have the proper authorization and that you are aware of all credits in the deposit account shall at all times be held by us in trust, for you to participate and play the games. You agree and acknowledge that we shall hold the same in trust for and on behalf of the winner until such time the amount is transferred to the Winnings Account. All amounts in the Winnings Account would be held by PFG in trust, for and on behalf of the respective Users till such amount is withdrawn or utilized by such User who played the game and the amounts in the Winnings Account may be withdrawn by User only to his / her account.
    6. User Obligations of Username or Log In details and accounts:
      1. During the account creation on First Games by Paytm or any other website or Platform, your username and password will be provided to you ("Login Information"). The following rules govern the security of your login information:
        • You shall not share the account or the login information, let anyone else access your account, or do anything else that might jeopardize the security of your Account;
        • In the event You become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the login information, You must immediately notify First Games by Paytm and modify your login information;
        • You shall be required to keep your account active and in credible condition with Paytm inorder to login and use the services offered through First Games by Paytm Platform.
        • You are solely responsible for maintaining the confidentiality of the login information, and You will be responsible for all uses of the login information, including purchases, whether or not authorized by You; and
        • You are responsible for anything that happens through your account.
        • PFG reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
        • Amounts lying in your Bonus Account can be used or redeemed only against gameplay in our Platform. You understand that the feature of debiting your Bonus account partially or fully will depend upon various parameters like type of user, type of gameplays, purchase history, etc. and we reserve the right to provide this feature to you on individual basis, ie based on our analysis of your gameplay. Having said that certain percentage may be provided as partial debit facility and whenever you play a contest, the Bonus Account will be given first priority for contest participation fees followed by deposit account. You shall not be permitted to transfer or request the transfer of any amounts lying in Bonus Account.
        • Issuance of amounts in the Bonus Account on any day shall not entitle you to demand entitlements at any subsequent period in time nor create an expectation of recurring issue of such amount by us to you. The eligibility of bonus is not a right and we reserve the right to credit in your account or not, i.e. it may or may not be credited, at our sole discretion.
        • The amounts lying in your Bonus Account will have certain validity period and you are requested to have them checked time and again. In case where your gameplay account stays inactive or your account is not active for 30 days; then we shall be deemed to consider your Bonus Account as inactive and will be deemed inactive account (Inactive Account).
      2. Funds, Payments, Prizes and Withdrawals
        • All transactions including and not limited to payment and withdrawals shall be in Indian Rupees. All deposits and withdrawals must be made through your user account at PFG. You may participate in cash module of games and tournaments only through your specific user account.
        • On completing registration you shall be provided with categories of accounts for the processing and reconciliation of payments: (i) 'Deposit' Account, (ii) Winnings Account and (iii) Bonus Account. It is further clarified that in no instance the transfer of any amounts in the User's accounts to any other category of account held by you or any third party account, including a bank account held by you or a third party shall be applicable, save and except for any payment gateway charges / fees deducted by us for usage of our Services. Please note that amounts lying in any of your accounts do not have any interest and neither can you claim any right of interest on such account balances. You waive your right to claim interest from us.
        • For participation in paid versions, the following shall be applicable to users -:
          1. The payment of pre-designated amount Users make to participate in the game (s) is inclusive of the pre-designated platform fee for access to the First Games by Paytm Services charged by PFG and pre-determined participant’s contribution towards prize pool money.
          2. Subject to these Terms of Access, all amounts collected from the User and the winnings amount are held in a separate non-interest earning nodal account or such other account as deemed fit by us under statutory laws, which shall be responsible for management of user account and prize pool, until determination of the Winners and distribution of prizes. We receive only the share of pre designated platform fees and have no control over the User funds held in a dedicated non-interest earning nodal account and by participating and accepting these terms you understand and agree that we are acting only as agents on your behalf and you therefore authorise us to manage the nodal account.
          3. We reserve the right to charge a platform fee, which would be specified and notified by us in the game page being created on First Games by Paytm mobile app and prior to a user's joining of such game contest we shall issue an invoice for the platform fee paid by the user. Platform fee will be calculated as fixed percentage of total amount of paid by user to participate in contest.
          4. The user may participate in a game contest wherein the user has to contribute a pre-specified contribution towards the pool money of such contest, which will be passed on to the Winner(s) of the Game contest after the completion of the contest. It is clarified that we have no right or interest in this pool money, and we only act as an intermediary engaged in collecting and distributing the pool money in accordance with the game contest terms and conditions. User's winnings in any Game contest will reflect as credits to the Winning Account.
          5. A User is permitted to withdraw amounts credited into Winning Account at any given time and PFG would be acting in the capacity of a collection agent only for the users winning a particular game. All amounts credited into Winning Account must be utilised within 335 days of credit. In case any unutilised amount lies in the Winning Account after the completion of 335 days from the date of credit of such amount, we reserve the right to forfeit such unutilised amount, without liability or obligation to pay any compensation.
          6. Withdrawal of any amount standing to the User's credit in the Winning Account may be made by way of a request to PFG. In either case, PFG shall effect an online transfer to the Paytm wallet or User's bank account on record with PFG within a commercially reasonable period of time. Such transfer will reflect as a debit to the Fantasy Winning Account. PFG shall not charge any processing fee for the online transfer of such amount from the Fantasy Winning Account to the User's bank account on record with PFG. Users are requested to note that they may be required to provide valid photo identification and address proof documents for proof of identity and address in order for PFG to process the withdrawal request.
          7. As of date partial withdrawal is not allowed and once this facility is activated, we might notify you or take steps to keep you informed; however, your partial or full withdrawal shall not make or create any liability on us. Withdrawal of any amount standing in your Winning Account may be made by way of a request to us. In either case, we shall effect an online transfer to the Paytm wallet of user on record with us within a commercially reasonable period of time or such other account as made available to us by user. Such transfer will reflect as a debit to the Winning Account and this transfer shall not be charged with any processing fee for such transfer. However, in some instances we might require users to provide valid photo identification and address proof documents for proof of identity and address in order to process the withdrawal request.
          8. Users agree that once they confirm a transaction on First Games by Paytm, they shall be bound by and make payment for that transaction.
        • The User acknowledges that subject to time taken for reconciliations and such other external dependencies that we have on third parties; any transactions on First Games by Paytm Platform may take up to 48 hours to be processed. Any amount paid or transferred into the Winning Account may take up to 48 hours to reflect balance. Users agree not to raise any complaint or claim against PFG in respect of any delay, including any lost opportunity to join any game, contest or match due to delay in crediting of transaction amount into the Winning Account. A transaction, once confirmed, is final and no cancellation is permissible. We may, however, in certain exceptional circumstances and at our 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.
        • Subject to the Add Cash limits specified by us from time to time, you are free to deposit as much money as you want in your deposit account for the purpose of participating in cash modules of offerings. We want you to play responsibly and hence the ability to add cash in your user account shall be subject to some limits which we can be set by us with undertakings, indemnity, waiver and verification conditions as we deem appropriate in our sole discretion.
        • Payments by You in your user account will be regulated using payment instruments which have been accepted and authorized by us and shall be governed by regulations, our policies and such other requirements as are mandatory and which we feel are required for having efficiency in the process and systems. We may restrict the amount of money you can add to your user account as we want you to play responsibly.
        • Processing of payments made via credit card, debit card, e-wallets, prepaid cash cards and internet banking are processed through gateways owned and operated by third-party payment. As third parties who process such payments require authorization we are not responsible for disruptions, denials or delays caused at the payment processors end. 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 cash/ withdrawal, you need to contact us or raise a complaint. 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. Only when your transaction is authorized, the funds will be credited to your user account and will be available for you to participate in cash module of games.
        • We may cancel a transaction at any time based on its discretion. If before the transaction is cancelled, the payment is successful, the transaction will be reversed. The money in such case will be credited back to your payment instrument. In case of cancellation request or refund request initiated by you, then we may act upon (at our sole discretion) to credit the user's account with the refund amount or cancellation amount in 3 to 5 business days. Our analysis on refunding of amount shall be based on case to case basis and depend upon various factors which include and are not limited to anti – money laundering, responsible play, fraud detection etc.
        • Further, in order to have efficient checks and controls you shall not be permitted to transfer / withdraw or request the transfer of any amount lying in the Deposit and Bonus Account. The usage of Deposit and Bonus Account shall be only towards gameplay. Withdrawals and transfer request will not be entertained. You will appreciate that amounts lying into your Deposit Account is required to be utilised within 335 days of credit. In case any unutilised amount lies in the Deposit Account after the completion of 335 days from the date of credit of such amount, we reserve the right to forfeit such unutilised amount, without liability or obligation to pay any compensation. In case you terminate your account with us, or such account if terminated by us, then only we may return to you such amounts lying in the Deposit Account, which shall be at our sole discretion.
        • All winnings won by you shall be credited by us into your winnings account and You may withdraw your winnings by means of either an electronic transfer for the amount of winnings or by placing a request.
        • You agree that all withdrawals you make are governed by the following conditions:
          1. We may ask you for KYC documents to verify your address and identity at any stage. Withdrawals will be permitted only from accounts for which such KYC process is complete.
          2. You can choose to withdraw money from your winnings account at any time, subject to withdrawal restrictions, by notifying us of your withdrawal request.
          3. Once notified, post verification of the withdrawal request, we may disburse the specified amount by electronic transfer or cheque based on the mode of withdrawal selected by you. We shall make our best efforts to honor your choice on the mode of withdrawal, but reserve the right to always disburse the specified amount to you by cheque. We also reserve the right to disburse the amount on the financial instrument used to Add Cash to your user account.
          4. Withdrawals attract processing charges as per the prevalent policy. You may be eligible to make one or more free withdrawals in a month depending on various factors including your account status, the amount of withdrawal or the mode of withdrawal. In the event that you do not have an adequate amount in your user account to pay the processing charge, your withdrawal will not be processed at that time. You may request for a free withdrawal subsequently if you become eligible for the same at such time.
          5. We will attempt our best to process your withdrawals in a timely manner, but there could be delays due to the time required for verification and completing the withdrawal transaction. We shall not be liable to pay you any form of compensation for the reason of delays in remitting payments to you from your user account.
          6. To be eligible to win a prize, you must be a resident of India and accessing the services of First Games by Paytm Offerings on the Services from India and not from any of the restricted states.
          7. At times We may conduct promotional activities, and offer rewards for the purpose of participation in game and which shall be non - transferable. Such promotional offers shall not entitle you to demand the issuance at any subsequent period in time nor create an expectation of recurring issue by us to you. In case you terminate your account with us, or such account if terminated by us, we may cancel all the gratifications granted to you and you shall not have any right or interest on such promotions.
    7. Content and Service: Paytm First Games owns, has licensed, or otherwise has rights to use all of the content that appears in the First Games by Paytm Service or in games. All rights, title and interest in and to the First Games by Paytm Offerings (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using First Games by Paytm) are owned / licensed by PFG. PFG reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Content and the service. All Content with the exception of third party content is owned by PFG.
    8. Account: Notwithstanding anything to the contrary herein, you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account (except for any personal information therein) are and shall forever be owned by PFG. You agree that you have no right or title in or to any content that appears in the First Games by Paytm Service, including without limitation the virtual goods or currency appearing or originating in any games of First Games by Paytm, whether earned in a game or purchased from PFG, or any other attributes associated with an Account or stored on the First Games by Paytm Service.
    9. License Limitation
      • Any use of the First Games by Paytm Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted under this Terms of Access), and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the service including undermining or manipulating the legitimate operation of any games of PFG is violation of our rights and may be a violation of criminal and civil laws.
      • You agree that you will not, under any circumstances:
        • engage in any act that PFG deems to be in conflict with the spirit or intent of the First Games by Paytm Service, including but not limited to circumventing or manipulating these Terms of Access, game rules, game mechanics or policies;
        • interfere or attempt to interfere with the proper functioning of the First Games by Paytm Service or connect to or use the First Games by Paytm Service in any way not expressly permitted by these Terms of Access;
        • use any unauthorized third party software that accesses, intercepts, or otherwise collects information from or through the service or that is in transit from or to the service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the service to store information about PFG game characters, Platform, elements, or environment;
        • make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
        • bypass any robot exclusion headers or other measures First Games by Paytm employ to restrict access to the First Games by Paytm Service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the service, or harvest or manipulate data;
        • use, facilitate, create, or maintain any unauthorized connection to First Games by Paytm Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the First Games by Paytm Service; or (2) any connection using programs, tools, or software not expressly approved by First Games by Paytm;
        • use relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by First Games by Paytm; or
        • copy, modify or distribute rights or content from Paytm First Games Private Limited site or game, or our copyrights or trademarks or use any method to copy or distribute the content of the service except as specifically allowed in these Terms of Access;
        • make improper use of our support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or use the service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
        • Cheating & hacking – You agree that you will not, under any circumstances:
          • use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the service or any of our gaming experience;
          • use the service in order to design or assist in the design of cheats, automation software, bots, hacks, or any other unauthorized third party software designed to modify or interfere with the Service or any of our gaming experience;
          • disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the service or any of our game environment (each a "Server"); or (2) the enjoyment of the service or any of our game by any other person;
          • institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the service; or
          • attempt to gain unauthorized access to the service, other games available in the Server, Accounts registered to others or to the computers, Servers, or networks connected to the First Games by Paytm Service by any means other than the user interface provided by PFG, 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 is part of the service;
    10. Commercial Activity – You agree that you will not, under any circumstances:
      • use the First Games by Paytm Service or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items (defined in 9.1.2 hereinbelow ) for sale;
      • transmit unauthorized communications through the First Games by Paytm Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
    11. Fees and Paid Services: Usage of the certain services of First Games by Paytm may require payment of fees and which is required to be paid through the modes as specified hereunder. You must pay the subscription or other fees to participate in these services, if applicable. Payment of subscription and other fees for particular First Games by Paytm Offerings are as under:
      • Purchases
    12. In First Games by Paytm you may purchase, with “real world” money, a limited, personal, non-transferable, non-sub licensable, revocable license to use:
      • “virtual currency” which shall mean digital currency that is only available in electronic form and not in physical form. It is stored and transacted in only through designated software, mobile or computer applications, or through dedicated digital wallets, and the transactions occur over the Internet or over secure dedicated networks, including but not limited to virtual cash, for use in games;
      • “virtual in-game items” (together with "Virtual Currency", "Virtual Items"); and
      • other goods or services ("Merchandise").Paytm First Games may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice and shall have no liability (whatsoever) either to you or any third party in the event we exercise any such rights. The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized by Paytm First Games. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, another user or any third party.
      • Virtual Currency like Coins, Beans or any other in-game currency that a user earn or buy cannot be converted into real money. It should also be noted that the purchase of in-game currency, such as virtual coins, cash, gold, gems and diamonds, points, etc. last only for the duration of the app or game and is managed and controlled by game provider. If you choose to uninstall the app, these features and coins may cease to exist, and are not transferable. These virtual items subsequently cannot be refunded. You understand that you do not own Virtual Items but acquire a limited license to use Virtual Items according to the specific Game’s gameplay. You acknowledge that PFG is not required to provide a refund for any reason.
      • Making an in-app purchase may require you to share additional personal identification and/or payment-related information with us. If any private information that is collected by a third-party billing service during purchases, it is stored and secured by that third-party and may or may not be shared with us. The third-party has the liability for storing and securing such additional information. If any particular information is provided to PFG, we can only ensure the protection of such information on our portal. Payment failure and refund related queries need to be addressed by the third-party as per their own T&Cs.
    13. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL CURRENCY MADE THROUGH FIRST GAMES BY PAYTM OFFERINGS ARE FINAL AND NON-REFUNDABLE. ALL REWARDS /PRIZES ON REDEMPTION VIRTUAL CURRENCY SHALL BE AT SOLE DISCRETION OF PFG.
    14. Payment of Subscription Fees - Fees are payable in advance and are not refundable in whole or in part. We reserve the right to change our fees or payment methods at any time. You are responsible for reviewing the First Games by Paytm Offerings to obtain timely notice of such changes. Your continued use of the First Games by Paytm Service means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but we will not be liable to refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of First Games by Paytm Offerings are subject to chargeability of taxes, then we may charge you for any such taxes as applicable either from prospective or retrospective effect (as the case may be), in addition to the subscription or other fees.
      • Platform / Contest charges - In respect for participation in the paid versions of contest(s), we may bill the charges as per the following parameters -
        • a pre-designated amount will be charged towards participation in the Contest(s) and which shall be inclusive of two parameters ie, the platform fee for access to the First Games by Paytm Services and a participant's contribution towards prize money pool;
        • the platform fee charges shall be notified by us on the Contest page and we reserve the right to modify the same. You are required to read, review and understand the charges structure, fees parameters and winnings on our Platform, prior to participation.
      • Payment Options- You may pay fees using the methods available for the particular First Games by Paytm Offerings and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary in First Games by Paytm. When you provide credit card or other payment information to us or any other website or platform, you represent to PFG that you are the authorized user of the credit card or other payment method.
      • As the Account holder, you are responsible for all charges incurred as mentioned below, including applicable taxes, and all purchases made by you or anyone that uses your Account
        • Android (Google Play) Billing and /or any other billing carrier, as applicable
        • Top Ups / In App Purchases
        • Contest Participation Fees/ rake fees/ charges or other amount charged by way as commission by us.
        • Other charges as and when informed by us
      • Trial Subscriptions: - For some services, PFG may offer a free trial subscription. If you accept a free trial subscription, we will begin to bill your Account for that First Games by Paytm Offering when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any internet service provider, telephone, wireless and other connection fees that you may incur when using First Games by Paytm Offerings, even when we offer a free trial subscription. Trial subscriptions are not transferrable.
      • Fees charged by third party sites and vendors - We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to PFG. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
      • Any refund request for justified cause as per sole discretion of PFG if being considered, then in such instances refund process shall be initiated within 15 working days from the date of receipt of request. You understand and agree that it shall be the discretion of PFG, to initiate chargeback or not and you acknowledge that post receipt of refund if any contest / campaign qualifies you for winnings, then the same shall stand cancelled with immediate effect. We reserve the right to deduct amounts if they have been rewarded before refund initiation.
      • As and when applicable PFG will make commercially reasonable efforts to help you with billing and charges applied but shall not be liable or responsible for any purchaser errors and shall not be liable for any errors on billing statements issued to you by billing carrier. Subject to these Terms, if any amounts are collected by us towards participation fees, then the same shall be held in a separate non-interest earning account (hereinafter referred to as “Interest Free Account”), which is responsible for management of user account and prize pool, until determination of the final winners and distribution of prizes. We only receive the share of the platform fee and have no control over the funds held in Interest Free Account. It is clarified that, we have no right or interest in the prize money pool, and we act only as an intermediary in accordance with the terms and conditions set therein.
    15. Cancellation of your account: - You have the right to cancel your account or a particular subscription at any time. If you do not agree to the terms in this Terms of Access herein, your sole remedy is to not use First Games by Paytm Offerings and First Games by Paytm Platform and to cancel your subscriptions or account. You understand and agree that the cancellation of your account or a particular subscription shall not entitle First Games by Paytm to refund any amounts to you and the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for First Games by Paytm Offerings and/or any content or entitlements thereon shall be non – refundable. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with First Games by Paytm Offerings must be settled within twenty- four (24) hours of due date. Your use of all the accounts created is based on the assumption that you have read and understood the above information, along with the Terms and that usage or attempted use of your user account for any reason other than what is stated in the Terms may result in immediate termination of your user account and forfeiture of any prize, bonuses lying in your Bonus Account or balance in the user account.
    16. Specific Terms for the Use of Online and Mobile Games
      1. You may only take part in every round of an online game or mobile game using one user account, unless the respective rules of the game allow for exceptions from this. The use of several user accounts by one user is not permitted. Multiuser accounts such as these may be deleted or banned at the reasonable discretion of PFG.
      2. You are prohibited from enacting any form of manipulative interference in online or mobile games. In particular, You are not entitled to utilize measures, mechanisms, or software that could interfere with the function or progress of the game. You may not take measures that may cause an unreasonable or excessive burden on technical capacity. You are not allowed to block, rewrite, or modify content generated by the game administration or to interfere with the game in any other manner.
      3. Under no circumstances You may
        • create or use cheats, mods and/or hacks, or any other third party software products that may change the result of the online or mobile games,
        • use software that allows the mining of data or otherwise intercepts or collects information in connection to the online and mobile games,
        • use virtual items that are being used in online or mobile games outside of the online or mobile games, purchase virtual items for "real" money, or sell or swap virtual items,
        • sell, buy, or trade user accounts.This includes all circumventions, similar actions, or actions that produce an effect that matches the aforementioned bans.
      4. You are also prohibited from running the online game and use of the services in order to design or assist in the design of cheats, automation software, hacks, or any other unauthorized means by third party software designed to modify or interfere with our programs other than the internet browser that has been provided. This refers in particular to so-called bots and other tools meant to replace or supplement our interface.
    17. Winnings
      1. Winner Announcement -
        1. Post selection of winner(s), the results will be published on mentioned link https://Paytm First Games.com/winners and/or on the game links available at First Games by Paytm website.
        2. We shall make three (3) attempts within seven (7) working / business days to contact the winner on their registered Mobile Number to inform about the prize and further process of claiming the prize. In case of weekends or national holidays, the winners will be contacted the next working day(s).
        3. If the winner is not reachable / contactable on phone within seven (7) working/business days of winner announcement, the prize shall be forfeited.
        4. All decisions by PFG regarding the selection of winner(s) shall be final and binding.
        5. Winner selection shall be based on the criteria and at our sole discretion, and the participants hereby agree that they shall not dispute/challenge any decision taken by PFG.
        6. We may be required to provide following information available on our platform such as name, score, etc. to be communicated to vendors or for marketing purposes in any media and you consent for to the same. We may, at its our discretion, choose not to disclose the identity of the selected Winner(s) to other participants unless expressly mentioned herein. You understand and agree that acceptance of the Prize, constitutes grant of permission to the facilitators to click photographs of the Winner and use the Winner’s names, photograph, preferences (likes and dislikes), voice and comments for advertising and promotional purposes in any media worldwide, only for the purposes of advertising and trade without any additional compensation whatsoever to You (Winners). As a participant or Winner (as the case maybe), you hereby provide your irrevocable consent for sharing/submission of your information to PFG, and subsequent use by us of such information for lawful purposes as per our discretion.
        7. Winners also consent to the information being stored in our or our service provider’s servers.
      2. Selection & Verification of Winners
        1. Selection of Winners
          • Winners will be decided based on the criteria and module of Game selected and as specified in the contest(s). For eg - it can be that the user completing the round with the highest points or the requirements as mentioned in the round shall be declared the winner(s) or other way around. In certain contests like best of two or best of ten, their might be a tie and in those instances we may declare the winner based on the gameplay at the end of the rounds. The prize due to each winner in such contest shall be as specified on the contest page prior to the commencement of the contest.
          • Participants playing on behalf of any other Participant or person shall be disqualified.
          • We shall not be liable to pay any prize if it is discovered that the Winner(s) have not abided by these terms and other rules and regulations in relation to the use of First Games by Paytm platform and services, contest and/or any applicable rules mentioned herein .
        2. Contacting Winners – Winners may be contacted by us on the e-mail address / phone number provided at the time of registration. The verification process and the documents required for the collection of prize shall be detailed to the winners at this stage. As a general practice, winners will be required to provide following documents:
          • Photocopy of the User's PAN card;
          • Photocopy of a government-issued residence proof;
          • User's bank account details and proof of the same.
          • Other documents/ undertakings as required by PFG
        3. The amounts in the Winnings Account are not transferrable to any other User or person and we 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 PFG. 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.
        4. Participants are required to provide proper and complete details at the time of registration. We shall not be responsible for communications errors, commissions or omissions including those of the Participants due to which the results may not be communicated to the winner. The list of winners shall be posted within the game. The winners will also be intimated by e-mail / notification.
        5. Verification process – Winners who have successfully complete our verification process or such other verification requirements as informed by us, shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). Where such verification is incomplete, it shall be completed by providing the required documents within the time limit specified. We shall not entertain any claims or requests for extension of time for submission of documents. We shall scrutinise all documents submitted and may, at our sole and absolute discretion, disqualify any winner from withdrawing his accumulated winnings (or any part thereof) on the following grounds:
          • determination that any document or information submitted by the Participant is incorrect, misleading, false, fabricated, incomplete or illegible; or
          • participant does not fulfill the eligibility criteria specified in these terms;
          • any other grounds as deemed fit by PFG .
      3. Prize & Bonuses-
        1. The prizes offered herein are generally sponsored, and will be distributed by PFG. Paytm Cash and/or any voucher will be credited to the Winner(s) Paytm / First Games by Paytm wallet within seven (7) working/business days or such other timeframe as mentioned in the voucher / offer (as the case maybe), after selection of winner(s) and completion of prize claiming process. In the event the prizes offered are in the form of physical good or items, the same shall be delivered after the date of announcement post completion of formalities and compliances required to be completed from the winner’s end as per the process of First Games by Paytm. In all circumstances we reserves the rights to offer any amount / coupon / voucher/ any other prize equivalent to the cost of the Prize.
        2. The prize is neither assignable nor transferable under any circumstance, unless specifically provided hereunder or agreed by PFG.
        3. The prizes to the winner(s) shall be given subject to compliance with all applicable statutory legislations including RBI guidelines in respect of prepaid payment instrument, processes and formalities (including KYC formalities as may be applicable) in connection with the prize and on production of all such documents/papers as may be applicable and required by us . The prize shall be distributed only after and subject to confirmation of an existing Permanent Account Number (“PAN”) of the winner(s) or such other requirements as and when mentioned by us .
        4. Any failure on winner’s part to comply with our directions issued for claiming the prize shall entitle us to forfeit the prize.
        5. PFG shall not be responsible for any delay on part of any third party including the courier agency, in delivering the prize (if applicable). All costs and expenses for collecting the prize, unless otherwise specified, shall be borne solely by the winner(s). The prize shall not be transferable and no request shall be entertained by PFG for such transfer.
        6. Without prejudice to the foregoing, under no circumstance shall the winner(s) be entitled to redeem any category of prize for cash, unless expressly mentioned in the contest. PFG, at its sole discretion, may or may not provide a cash alternative to any of the prize being offered as per the terms of the contest.
        7. Without prejudice to any of the foregoing clauses, any failure on the part of the winner(s) to comply with directions issued by PFG shall entitle us to cancel and forfeit the prize for the said winner(s).
        8. Any prizes of value in excess of INR 10,000/- (INR Ten Thousand Only) in a single contest/tournament, will be subject to deduction of taxes as applicable. PFG shall in advance deduct TDS as per applicable Income Tax rules. The prize shall be delivered/ given to the winner, only upon the winner paying the amount to PFG by Demand Draft (“DD”) equal to the TDS amount in advance PFG or we deducting the amount equivalent to TDS from your winnings and the rest will be credited in your account. You will be required to furnish your PAN duly issued to you by the Income Tax authorities if you have not already done so, and withdrawals will be permitted only after correct PAN has been provided. The limit of deduction of TDS and rate of TDS deduction is subject to prevailing rules and regulations and shall vary as and when notified by Government. Our 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. You understand that as a go green initiative we shall be sending you TDS certificate via email only; unless otherwise specified by you or we receive a written request from you for having hard copies.
        9. The documents required to be submitted along with the claim by the winner(s) include the following (the document list is only inclusive and not exhaustive and can change as per the requirements of law) * :
          • Address proof (Voter ID/Driving License/Passport/electricity bill not older than 3 months/Telephone bill not older than 3 months etc.)
          • Photo Id proof (/Passport/Voter ID/Driving License etc.)
          • One passport size photo
          • Additional document like Postpaid bill, etc.
          • Self-attested copy of PAN card
          • Letter of compliance with rules and regulations and declarations in the format as may be required by the organizers or applicable laws.
          PFG or such 3rd Party as designated by us shall receive the documents from Winner for verification purposes, we will publish the results.()* If the winner fails to comply with the set requirements his right to win the prize shall be considered forfeited.
        10. Post completing documentation process, the winner will be informed (through tele-calling/Email/SMS) regarding the modalities of the prize and distribution thereof. Delivery of prize if any will be subject to the winner(s) giving the correct address and his/her availability on provided address. In the event the prize cannot be delivered, when specified that it will be delivered, due to reasons beyond the control of PFG, the winners shall collect them from the nearest place specified by our team.
        11. In case of anomalies in the details provided by the winner while registering with Paytm / PFG and documents submitted by winner while claiming prize, such winner will stand disqualified with immediate effect.
        12. The prize(s) to the winner(s) shall be given subject to compliance with all applicable statutory legislations, processes and formalities in connection with the prize(s) and on production of all such documents/papers as may be required by us before accepting the delivery of the prize. Any failure on the part of the winner(s) to comply with directions issued by PFG for claim of prize shall entitle PFG to forfeit the prize(s) or roll the prize over to the next eligible winner(s), at their sole discretion.
        13. If You are providing any incorrect information or concealing/withholding any information from PFG with intent to participate and/or be chosen as the winner(s), You will automatically be disqualified from participating in it and being chosen as the winner(s) of the different categories of prize. Such act of yours providing incorrect information or concealing/withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, mobile connection of operator number, domicile etc., by You or dispute with the PFG, shall entitle us to disqualify You without any further intimation. We reserve our right to take appropriate legal action against You if You are found to be involved in illegal/unauthorized activity.
        14. Prize winners understand and agree that PFG its owners and affiliates, shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal loss or injury that may be suffered (including loss of life), to a Winner and/or any third party, directly or indirectly, by use or non-use of the Prize.
        15. Post Winner(s) declaration and completion of their announcement and further process, as the case may be, if we find that the declared Winner(s) is / are erroneous then we reserve the right to nullify the earlier result and declare a new and corrected Winner(s) list again (under this Terms of Access) and cancel the Prize of Winner(s) declared earlier and the decision of PFG shall not be challenged by any erroneously selected Winners and you unconditionally agree the same.
        16. Amounts lying in the Inactive Accounts will be forfeited / expired / cannot be used further or shall be subject to other requirements as decided by us at our sole discretion. To clarify further, Inactive Account usage shall be subject to our discretion and we shall be governing the usage of amounts lying in Inactive Account.
    18. Approval/ Acceptance :
      • By participating in the games, You indicate your unconditional acknowledgement and acceptance of these Terms of Access and /or any additional terms and conditions may apply in order for You to avail specific First Games by Paytm Offerings and to specific portions or features of the First Games by Paytm Platform, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Access by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Access and the terms posted for or applicable to a specific portion of the First Games by Paytm Platform or for any First Games by Paytm Service offered on or through the First Games by Paytm Platform, the latter terms shall control with respect to Your use of that portion of the First Games by Paytm Platform or the specific First Games by Paytm Service, to the extent there is any conflict.
      • You confirm and waive the applicability of rules and regulations of the National Do Not Call Registry to receive promotional messages and alerts including without limitation daily updates on the score under the contest / campaign criteria from PFG, as we may decide in our sole discretion.
      • You are aware that answers submitted on the First Games by Paytm Platform and sent by You may not be received by us instantly or received late due to various factors outside the control of First Games by Paytm such as network failure, system failure etc. In all instances the time of receipt by First Games by Paytm shall be taken into account, and You agree not to dispute, challenge or raise any claim / action against us by the delay caused in receiving.
      • Bribes, Gifts, Entertainment, Favours and Payment: ou shall not offer any PFG employee gifts, payments, Services, or other favors where these would, or might appear to improperly influence the employee in performing his or her duties for PFG. PFG employees should not encourage or solicit gifts, entertainment or Services from You. Gifts of cash or cash equivalents (e.g. gift cards) are prohibited. Consistent with PFG requirement that all business conducted with us adheres to applicable laws and regulations, the use of bribes, secret compensation or kickbacks is strictly prohibited.
      • Ad Serving: We may employ internal or third parties ad serving technologies for serving ads within our game offerings or First Games by Paytm Platform which may use certain methods to collect information as a result of ad served through these services. Some of the data collected may be used for determining the popularity of certain content, deliver contextual advertising and content and your activity on the First Games by Paytm Platform, amongst other things subject to our Privacy Policy at https://paytmfirstgames.com/privacy-policy
      • General Terms:
      • Support: Subject to the other provisions of the terms of usage, PFG will attempt to help you with any queries or problems that You may have with the First Games by Paytm Platform or any of your purchases through the First Games by Paytm Platform. To reach our customer support team, please e-mail us at care@paytmfirstgames.com. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible. If You believe that any action has been taken against your account or device in error, please contact customer support at care@paytmfirstgames.com.

        To raise a query, please tap on the menu bar on the top left-hand side. You will find a 24x7 Help button in the bottom left. Choose the category with which you have an issue. If the responses are not satisfactory, you can opt to message us with more details of the issue. Alternatively, you can also click on the "My Balance" button on the right-hand side and then click on 24x7 Help from the bottom to raise an issue.

        Further, any information that is being requested in connection with the campaign or contest, may be provided by us at our sole and absolute discretion, and will be dependent on the nature of the information requested. Please note that any information requested by you shall only concern you and under no circumstances will we be providing you with the confidential information or information pertaining to other participant(s). We will entertain queries maximum for the period of one month, from the date of start of such corresponding matter and no such request shall be entertained thereafter. For nonpaid transactions information provided by us, will not be held accountable/answerable or as evidence against us and we do not make any commitment, express or implied to respond to any feedback, suggestion and/or queries.
      • Remedies: You agree that this Terms of Access is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Access. You also understand and agree that this Terms of Access, other PFG Policies and the supplemental terms as and when incorporated, are not intended to confer, and do not confer, any rights or remedies upon any person.
    19. Assignment: PFG may assign or delegate these Terms of Access and/or the PFG Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Access or Privacy Policy.
    20. Severability: If any part of this Terms of Access is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of PFG, and the remaining portions shall remain in full force and effect.
    21. Language of the Terms of Access: If we provide you with a translation of the English language version of these Terms & Conditions of Service, PFG Privacy Policy or any other policy (collectively "Paytm First Games Policies"), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the Paytm First Games Policies. In the event of a conflict between a translation of the Paytm First Games Policies and the English version, the English version of the Paytm First Games Policies will control.
    22. Waiver: Failure of First Games by Paytm to exercise or enforce any right or provision of this Terms of Access will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Access will be effective only if in a writing signed by PFG.
    23. Employees of "PFG" (including their family members & relatives) and of their group companies, affiliate or associate companies shall not be eligible for any of the Prizes under contest / campaign / offers whatsoever and it shall be the sole discretion of PFG, whether to provide or not. In instances where we have exclude “Employees” from rewards, and it comes to our knowledge that the Winner is an employee of PFG or their family members or relatives, then we reserve the right to forfeit the gratification / prize / rewards.
    24. Incidental expenses: All incidental costs, taxes or levies related to the winnings if any, shall be exclusively borne by the winner, including but not limited to logistics, TDS, gift tax (if any), Insurance and any other taxes applicable by the central, state or municipal government. If your claim for prize requires you to travel then you will be required to make own arrangements for travel, accommodation to claim the winnings (if applicable); PFG shall not be responsible for the same or any cost of travel and accommodation incurred by any of customers, unless and until notified in the contest.
    25. The campaign / contest / Terms are designed / sourced by First Games by Paytm, as per our best of efforts. In case there is any discrepancy or dispute regarding, then decision of PFG shall be final and neither PFG nor any third party shall have any obligation towards customers, save and except guidelines / directions issued by any applicable competent authority from time to time. No queries/complaints whatsoever in this regard will be entertained.
    26. Breach:
      1. In the event of breach of any of the terms being evidenced from our investigation or if there is reasonable belief, in our sole discretion, that your continued access to the First Games by Patym Portal or Website is detrimental to our interests , our other users or the general public; we may in our sole discretion take any or all of the following actions:
        • restrict games between users suspected of colluding or cheating;
        • permanently suspend your user account on the website;
        • forfeit the cash balance in your user account;
        • demand damages for breach and take appropriate civil action to recover such damages; and/or
        • initiate prosecution for violations that amount to offences in law.
      2. Additionally, in the event of committing material breach hereof, we reserve the right to bar you from future registration on the website.
      3. The decision of PFG on the action to be taken as a consequence of breach shall be final and binding on you.
      4. Any action taken by PFG shall be without prejudice to our other rights and remedies available in law or equity.
    27. Other Terms and Conditions
      1. Additional terms and conditions may apply in order for You to avail specific First Games by Paytm Offerings and to specific portions or features of the First Games by Paytm Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the First Games by Paytm Platform, the latter terms shall control with respect to Your use of that portion of the First Games by Paytm Platform. PFG may make changes to any First Games by Paytm Offerings offered on the First Games by Paytm Platform, or to the applicable terms for any such First Games by Paytm Offerings, at any time, without notice. The materials on the First Games by Paytm Platform with respect to the First Games by Paytm Offerings may be out of date, and PFG makes no commitment to update the materials on the First Games by Paytm Platform with respect to such First Games by Paytm Offerings. The following terms also govern and apply to Your use of the First Games by Paytm Platform, and they are incorporated herein by this reference:
      2. SSOID Service, Participating Platforms - Paytm’s SSOID service offers You the convenience, after a one-time registration any First Games by Paytm Platform, to sign on (log in) to all web pages and online platforms operated by Paytm or its affiliates (hereinafter the Participating Platforms) with single log-in access / data, without going through a separate registration process every time. After successfully registering for the SSOID Service, the user can log-in via each Participating Platform with his SSOID access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations). The Participating Platforms that offer the SSOID as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary in the course of time. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which Paytm’s SSOID service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of Paytm is solely responsible only for those content that it actually operates. For the SSOID service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The SSOID shall be owned and operated by One97 for use on all Participating Platforms. For the use of Paytm’s SSOID service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the SSOID service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the SSOID service or to disclose them otherwise. The user is obliged to inform Paytm immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our SSOID service (hereinafter the SSOID Agreement). Our offer for the conclusion of the SSOID Agreement is then effected by the fact that Paytm sends the user a confirmation by e mail, in which a confirmation link is included next to the user name and the password for the SSOID Service. By the user clicking on this confirmation link, the user accepts Paytm’s offer, so that in this way the SSOID Agreement enters into force. Conclusion of the SSOID Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. Paytm is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for Paytm) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.
      3. Service Disruptions
        • We 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 those sites. We do not exercise control over any third party internet sites and cannot be held responsible for any content residing in any third-party internet site. Inclusion of any third-party content or links to third-party internet sites is not an endorsement by us 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 you 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 you shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. You agree that we 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.
        • Our portal contains content that is created by us as well as content provided by third parties. We do not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by you in utilizing the activity including while participating in any of the game hosted on portal.
        • To the extent permitted by law, PFG makes no representations or warranties as to the quality, suitability or merchantability of the game or any contest in the game; neither do we represent that the platform is fit, secure and stable for particular purposes. We shall not be liable in respect of default arising either due to commission or omission of any act, from any of the above part of this clause.
        • If any advertisements or purchases related to virtual coins are carried out through the third-party sites, Participants understand and agree that the said services are on independent basis and PFG is not responsible for authorization/denial of any such transactions. Such transactions are subject to and are undertaken in accordance with the terms and conditions specified by such third-party sites without any liability or obligation to PFG and you are required to independently verify and abide by the terms and conditions applicable for such third party sites.
      4. Communication Policy
        By accepting the T&Cs, You accept the following:-
        • PFG / Paytm may send alerts or make phone calls to the mobile phone number provided by You while registering with the First Games by Paytm Platform for the SSOID service or on any updated mobile number subsequently provided by You on the First Games by Paytm Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in 'On' mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in 'Off' mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
        • We will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from us as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the First Games by Paytm Platform or availing any First Games by Paytm Offerings. PFG shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold PFG liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
        • The SMS/e-mail alert/push notification service provided by PFG is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, we shall be immediately informed about the same by You and we will make best possible efforts to rectify the error as early as possible. You shall not hold PFG or its affiliates liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
        • The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. PFG shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
        • You will indemnify and hold harmless PFG and its affiliates including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney's fees which PFG or its affiliates or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the First Games by Paytm Offering from PFG or its affiliates and/or the SMS/e-mail service provider.
      5. Use of First Games by Paytm Platform - You understand that except for information, products or services clearly indicated as being supplied by Paytm First Games, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that PFG or its affiliates cannot and does not guarantee or warrant that files available for download through the First Games by Paytm Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.
      6. Prohibited Conduct - By accessing or using the First Games by Paytm Platform or by availing First Games by Paytm Offerings, You agree not to:
        • violate the T&Cs;
        • impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the First Games by Paytm Offerings, perform any other similar fraudulent activity or otherwise avail First Games by Paytm Offerings with what we reasonably believe to be potentially fraudulent funds;
        • infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
        • use the First Games by Paytm Offerings if You are under the age of 18 years;
        • post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person;
        • post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
        • refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to Paytm;
        • remove, circumvent, disable, damage or otherwise interfere with security-related features of the First Games by Paytm Offerings and the First Games by Paytm Platform or features that enforce limitations on the use of the First Games by Paytm Offerings or the First Games by Paytm Platform;
        • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards First Games by Paytm Offerings or First Games by Paytm Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
        • use the First Games by Paytm Offerings or the First Games by Paytm Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the First Games by Paytm Offerings or the First Games by Paytm Platform in an automated manner;
        • modify, adapt, translate or create derivative works based upon the First Games by Paytm Offerings and the First Games by Paytm Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
        • intentionally interfere with or damage operation of the First Games by Paytm Offerings or the First Games by Paytm Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
        • use any robot, spider, other automatic device, or manual process to monitor or copy the First Games by Paytm Platform without prior written permission;
        • interfere or disrupt the First Games by Paytm Platform or networks connected to the First Games by Paytm Platform;
        • take any action that imposes an unreasonably or disproportionately large load on Paytm’s infrastructure/network;
        • use any device, software or routine to bypass the First Games by Paytm Platform’s robot exclusion headers, or interfere or attempt to interfere, with the First Games by Paytm Offerings;
        • forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the First Games by Paytm Platform or to manipulate Your presence on the First Games by Paytm Platform;
        • sell the First Games by Paytm Offerings, information, or software associated with or derived from it;
        • use the facilities and capabilities of the First Games by Paytm Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
        • breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs;
        • provide false, inaccurate or misleading information;
        • use the First Games by Paytm Platform to collect or obtain personal information, including without limitation, financial information, about other users of the First Games by Paytm Platform, except and only as expressly provided in the T&Cs;
        • avail First Games by Paytm Offerings with what PFG or its affiliates reasonably believes to be potentially fraudulent funds;
        • use the First Games by Paytm Offerings in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to PFG or its affiliates, a third party or You;
        • use the First Games by Paytm Offerings in a manner that Paytm or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;take any action that may cause PFG or its affiliates to lose any of the First Games by Paytm Offerings from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;
        • send automated request of any kind to the First Games by Paytm Platform without express permission in advance from Paytm.
      7. Termination; Agreement Violations - You agree that PFG, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the First Games by Paytm Offerings/First Games by Paytm Platform and remove and discard on the First Games by Paytm Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time. We may also at our sole discretion and at any time discontinue providing access to the First Games by Paytm Offerings, or any part thereof, with or without notice. You agree that any termination of Your access to the First Games by Paytm Offerings/First Games by Paytm Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that PFG or its affiliates will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies PFG or its affiliates may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the First Games by Paytm Offerings/First Games by Paytm Platform.
      8. In response to a violation of these Terms of Access or any other agreement applicable to First Games by Paytm Offerings accessed by You, or We deem that your use of First Games by Paytm Offerings renders Paytm First Games less safe for other users or for illegal or improper use of First Games by Paytm Offerings, content, entitlement, products, or PFG Intellectual Property, We may issue You a warning, suspend your account, selectively remove, revoke or garnish entitlements at an account and/or device level, immediately terminate any and all accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all First Games by Paytm Offerings or certain First Games by Paytm Offerings. On such termination You will lose your user name and ID, no refund / refunds will be granted, no entitlements will be credited to you or converted to cash or other forms of reimbursement, and You will have no further access to your account or entitlements associated with your account. Bonuses lying in your Bonus Account shall return to us and you shall not have any right or interest on such Bonus Account.
      9. You understand, acknowledge and agree that in such an instance, we are not required to provide you notice before taking action to suspend or terminate your account, temporarily or permanently banning your device from some or all First Games by Paytm Offerings or selectively removing, revoking or garnishing entitlements associated with your account. If PFG terminates your account, you may not participate in First Games by Paytm Service again without PFG express written permission. You may not allow individuals whose accounts have been terminated by PFG to use your account.
      10. Limitation of Liability and Damages - In no event, PFG or its affiliates or its contractors, agents, licensors will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the First Games by Paytm Offerings, the First Games by Paytm Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the First Games by Paytm Offerings, the First Games by Paytm Platform (including any and all materials) or any reference sites/app/platform/service, even if Paytm First Games has been advised of the possibility of such damages.
      11. In no event, PFG or its affiliates, directors, employees, agents, will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the First Games by Paytm Offerings, the First Games by Paytm Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the First Games by Paytm Offerings, the First Games by Paytm Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with PFG or its affiliates, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the rake commission paid by You, if any, for using the portion of the First Games by Paytm Offering or the First Games by Paytm Platform giving rise to the cause of action, or beyond or in excess Rs, 500 whichever is lower. In case you have won any reward / prize, then in such instances apart from the entitlement for that prize, You or your legal heirs / successors / representative do hereby agree and acknowledge that there will have no other rights or claims against us, or our owners/organizers/sponsors and affiliates. Notwithstanding anything, in case of any dispute, maximum aggregate liability of PFG, shall not exceed value of concerned rake fees or commission charged by us, or Rs. 500, whichever is lower.
      12. You acknowledge and agree that First Games by Paytm has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and PFG, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and PFG. PFG or its affiliates would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, PFG and its affiliate’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
      13. Indemnification - You agree to indemnify, save, and hold PFG, its affiliates, employees, officers, directors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, which shall include and not be limited to liabilities arising out of or related to: (i) breach or alleged breach of the representations or obligations by the customers; (ii) Your use or misuse of the First Games by Paytm Offerings or of the First Games by Paytm Platform; (iii) any violation by You of this Agreement or the SSOID Agreement; (iv) any breach of the representations, warranties, and covenants made by You herein; (v) any failure by the customers to comply with applicable law and (vi) any third party claim in respect of misuse of any information of a third party by You. PFG reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify PFG or its affiliates, including rights to settle, and You agree to cooperate with us for defense and settlement of these claims. PFG will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
      14. The Participants shall indemnify and keep indemnified PFG and their officers, directors, employees, customers, and affiliates harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which PFG may incur, pay or become responsible as sponsor/organizer/facilitator as a result of (i) breach or alleged breach of the representations or obligations by the Participants under the T&C hereunder; (ii) any failure by the Participants to comply with applicable law and (iii) any third party claim in respect of misuse of any information of a third party by the Participant. PFG shall have the right to defend themselves, pursuant to this clause, at the cost of the Participants. PFG or their respective affiliates shall not be responsible for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the Winner(s) or any third party, in connection with the Offer. It is expressly provided that transaction shall be between Participant & Paytm First Games only.
      15. No Warranties - To the fullest extent permissible pursuant to applicable law, PFG and its affiliates and its third-party partners, disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You either from Paytm or from PFG or through the First Games by Paytm Offerings or the First Games by Paytm Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “First Games by Paytm” includes PFG officers, directors, employees and Paytm includes ‘Paytm’ officers, directors, employees. You expressly agree that use of the First Games by Paytm Offerings on the First Games by Paytm Platform is at Your sole risk.
      16. Subject to any applicable laws; we disclaim warranties of any kind whatsoever, whether express or implied, including and not limited to, meeting of the end users requirements or aspirations, timeliness, security, the results or reliability of any offer, delay in sending or receiving the SMS for participating in any campaign, any type of delay by the participant / winner, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits or prize/gratification/awards acquired or obtained through the platform or any transactions effected through the First Games by Paytm; and no advice or information whether by representations, oral, written or pictorial derived from the platforms including but not limited to websites/ SMS, shall be construed to mean the giving of any warranty of any kind neither do we represent that the platform is fit, secure and stable for particular purposes. We shall not be liable in respect of default arising either due to commission or omission of any act, from any of the above part of this clause.
      17. If any advertisements or purchases related to virtual coins are carried out through the third-party sites, Participants understand and agree that the said services are on independent basis and PFG is not responsible for authorization/denial of any such transactions. Such transactions are subject to and are undertaken in accordance with the terms and conditions specified by such third-party sites without any liability or obligation to PFG and you are required to independently verify and abide by the terms and conditions applicable for such third party sites.
      18. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally and You expressly agree that your participation is at your sole risk and is governed by the Terms herein. PFG or its affiliates does not warrant that the First Games by Paytm Offerings will be uninterrupted or error-free or that defects in the site will be corrected. First Games by Paytm Offerings and the First Games by Paytm Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the First Games by Paytm Offerings/First Games by Paytm Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. This paragraph shall survive termination of this Agreement.
      19. Disclaimer and User Conduct:
        1. To the extent permitted under law,
          • neither PFG nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees, licensors or associates shall be liable and or responsible for the deletion, the failure to store, the miss-delivery, or the untimely delivery of any information or material, or liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use First Games by Paytm, even if Users have been advised of the possibility of such damages.
          • We shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, First Games by Paytm Services or sites, cancellation of competition and prizes. We disclaim any responsibility for, and if a User pays for access to one of services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by maintenance of PFG on the servers or the technology that underlies our sites, failures of PFG or its technology partners, service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, We do not provide any warranty as to the content and the same is distributed on an "as is, as available" basis.
          • in the event of suspension or closure of any services, events or contests, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
          • We shall not be liable or responsible for opening an account or deactivating an open account, if it comes to our knowledge that due to some extraordinary conditions, a user account was previously closed and balances were paid to such user within 365 days of closure of previous account; and as such, it shall be our sole discretion.
        2. Any material accessed, downloaded or otherwise obtained through our platform is done at your discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to your computer system or loss of data that results from download of any such material.
        3. In order to ensure fair play for all Users, we may take steps that will prevent any collusion among users in order to win/lose or otherwise determine the outcome of a game and by accepting these Terms, you agree that you will not play any game in partnership with or by communicating with other Users to have undue benefits or to pass on the same to others. In the event we find collusion, fraud or any other unfair practices, we have the right to a) cancel such games and refund the points/amounts involved in any such game, b) b) withhold the amount remaining with us, and c) to cancel and close your account without any communication to you. We retain the sole right to determine what constitutes collusive or fraudulent activity in relation to the services, and our decision in such matters shall be final.
        4. We shall make reasonable endeavours to ensure that our services are error-free and secure, however, neither PFG nor any of its partners, licensors or associates makes any warranty that:
          • First Games by Paytm will meet Users' requirements,
          • Paytm First Games by Paytm will be uninterrupted, timely, secure, or error free
          • results that may be obtained from the use of First Games by Paytm will be accurate or reliable; and
          • the quality of any products, First Games by Paytm Services, information, or other material that Users purchase or obtained through First Games by Paytm will meet Users' expectations.
        5. In case if We discover any error, including any error in the determination of winners or in the transfer of amounts to a User's account, We reserves the right (exercisable at our sole discretion) to rectify the error in such manner as deemed fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, We agree to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
        6. Any First Games by Paytm Services, events or contest(s) being hosted or provided, or intended to be hosted or provided on First Games by Paytm and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant First Games by Paytm Services, events or contest(s) are hosted or provided.
        7. Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by PFG ). Users further agree to update and keep updated their registration information and abide by these Terms and Conditions and all other rules, regulations and terms of use of Paytm First Games. In the event of any default we may, at our sole and absolute discretion:
        8. Users agree to ensure that they can receive all communication from PFG by marking e-mails from PFG as part of their "safe senders" list. We shall not be held liable if any e-mail remains unread by a User as a result of such e-mail getting delivered to the User's junk or spam folder.
        9. Any password issued by PFG 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 us of any unauthorized use of their passwords or accounts or any other breach of security.
        10. Users agree to exit/log-out of their accounts at the end of each session. We shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
        11. in the event if your account has been deactivated or suspended due to reasons as mentioned hereinabove (and decided at our sole discretion), then in such instances you shall not open another account for one year or such period of time as intimated by us.
        12. 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 First Games by Paytm Services or our platform.
        13. Users agree that without PFG’s express written consent, they shall not modify or cause to be modified any files or software that are part of First Games by Paytm Services.
        14. 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 First Games by Paytm or First Games by Paytm Services (each a "Server"); or (2) the enjoyment of First Games by Paytm Services by any other User or person.
        15. 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 First Games by Paytm Services or any other person's use or enjoyment of First Games by Paytm Services.
        16. Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to First Games by Paytm Services by any means other than the User interface provided by PFG , 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 First Games by Paytm Services.
        17. If a User chooses a username that, in our opinion is obscene, indecent, abusive or that might subject us to public disparagement we reserve the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts from First Games by Paytm, deny such User access to First Games by Paytm, or any combination of these options.
        Use of First Games by Paytm is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit PFG right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of First Games by Paytm.
      20. Ownership; Proprietary Rights - The First Games by Paytm Offerings and the First Games by Paytm Platform are owned and operated by PFG and/or its affiliates. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the First Games by Paytm Offerings and the First Games by Paytm Platform provided by Paytm (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and PFG, all Materials, trademarks, service marks, and trade names contained on the First Games by Paytm Platform are the property of PFG. You agree not to remove, obscure, or alter PFG / Paytm or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the First Games by Paytm Offerings/First Games by Paytm Platform. Except as expressly authorized by PFG, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. We reserves all rights not expressly granted in this Agreement. If You have comments regarding the First Games by Paytm Offerings and/or the First Games by Paytm Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to PFG, and shall assign to PFG, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights. Our offerings are owned, licensed and operated by First Games by Paytm Services and the First Games by Paytm Platform including without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of First Games by Paytm and each area contained therein are the property of PFG and/or its third-party content providers. PFG owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the First Games by Paytm Platform (including, without limitation, content that First Games by Paytm enables You to download) without the express written permission of PFG and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, and legend or copyright notice shall be made. You acknowledge that the PFG and/or third-party content providers remain the owners of all materials posted on the website, and that you do not acquire any of those ownership rights by downloading copyrighted materials. Trademark Notice: PFG, First Games by Paytm Platform and/or First Games by Paytm via Paytm Platform, contents of First Games by Paytm website and the logo, games are trademarks or registered trademarks of PFG in India and elsewhere. All other names of companies and products mentioned herein may be trademarks of their respective owners and are used with permission only. All rights not expressly granted herein are reserved. Copyright Notice: All games, content and software ("Software") (if any) that is made available to view and/or download in connection with the First Games by Paytm Platform is owned by and is the copyrighted work of PFG and/or its suppliers and is protected by copyright laws and international treaty provisions. For any Software, PFG hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the First Games by Paytm Platform in accordance with these Terms of Service, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. You will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited.
      21. Ownership; Proprietary Rights - We may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the First Games by Paytm Platform or by any other reasonable means. Except as otherwise set forth herein, notice to PFG must be sent by courier or registered mail to PFG, B-121, Sector-5, Noida, Uttar Pradesh 201301, India
      22. Dispute Resolution - If any dispute, controversy or claim arises under this Agreement or in relation to any First Games by Paytm Offering or the First Games by Paytm Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. You agree that any claim or dispute You may have against PFG and its affiliates must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
      23. Survival Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
      24. Headings The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.
      25. Entire Agreement This Agreement is the entire agreement between You and Paytm First Games relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Paytm First Games in accordance with the terms of this Agreement.
      26. T&C for various Games at available First Games by Paytm Platform:
        1. First Games by Paytm in collaboration with our partners is offering various games and modules accessible through First Games by Paytm Platform. These Games are 'Games of Skill' and the players who acquire more skill are likely to perform better in such Games. All these Games in addition to their specific T&C’s are governed by the T&Cs mentioned hereinabove.
        2. Conditions for Participation:
          1. By entering a Contest, user agrees to be bound by these Terms and the decisions of PFG shall be final. Subject to the Terms, We at our sole discretion, may disqualify any user from a contest, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which First Games by Paytm deems to be improper, unfair or otherwise adverse to the operation of the contest or is in any way detrimental to other Users which includes, but is not limited to:
            • Falsifying ones' own personal information (including, but not limited to, name, age, email address, Paytm account, bank account details and/or any other information or documentation as may be requested by PFG to enter a contest and/or claim a prize/winning.;
            • You agree to provide us with true, accurate, current and complete information at all times and update your details and or keep us updated about the same.
            • 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;
            • Colluding with any other user(s) or engaging in any type of syndicate play;
            • Any violation of contest rules or the Terms of Use;
            • Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
            • 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
            • Any type of misuse or misuse of any other offers or promotions;
            • 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;
            • 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 PFG Users, sending unwarranted email content either to selected Users or in bulk); or
            • Abusing PFG in any way (unparliamentarily language, slangs or disrespectful words are some of the examples of Abuse)
          2. It is clarified that in case a User is found to be in violation of this policy, PFG reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
          3. The contest(s) across PFG shall, in addition to the Terms mentioned herein, be governed by:
            • "Rummy Rules" or “Fantasy Rules”, or such other rules as the case may be, made available at ‘How to Play Section’.
            • Other rules and regulations (including rules and regulation in relation to any payments made to participate in the contest(s); and all Participants agree to abide by the same.
        3. Legality of the Games of Skill:
          • Games of skill are legal in India, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Hon’ble Supreme Court of India 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/participant, it shall be classified as a game of skill.
          • In the case of Varun Gumber v. Union Territory of Chandigarh, High Court of Punjab & Haryana the court held that it has skill as it becomes necessary to assess the relative worth of each athlete/sportsperson any to constitute Fantasy Games.
          • The Game available on the First Games by Paytm Platform are the games of skill as success of users depends primarily on his / her superior knowledge of the Game. By participating in the Game, you acknowledge and agrees that you are participating in the games of skill.
          • If any Laws (including but not limited to local or State) requires us to change the Games or any T&Cs related to any Games, we shall be doing so at our sole discretion and by continuing to play, we would be deemed to understand that you have read, understood and agreed to the revised Terms as applicable at such point of time. We may, in accordance with the laws prevailing in certain states of India, bar individuals residing in those states from participating in the contest(s).
          • In some instances apart from information provided by you, additional information may be required for lawful / compliance purposes and which may be not limited to personal information for verification and/or bank account details. You shall provide correct and accurate details in all fields and undertake that you will i) keep this information current and up to date, ii) provide additional documentary proof wherever necessary, and iii) Provide consents for supplementary requirements.
        4. For Fantasy:
          1. The contest (s) (across PFG Services) are games of skill as success of Participants depends primarily on their superior knowledge of the game statistics, knowledge of players' relative form, players' performance in a particular territory, conditions and/or format (namely One day cricket matches, T 20 cricket, test matches in the cricket fantasy game), attention and dedication towards the contest(s) and adroitness in playing the contest(s). The contest(s) also requires Participants to field well-balanced sides with limited resources and make substitutions at appropriate times to gain the maximum points.
          2. Your use of Paytm First Games account is based on the assumption that you have read and understood the above information, along with the Terms and that usage or attempted use of your user account for any reason other than what is stated in the Terms may result in immediate termination of your user account and forfeiture of any prize, bonus or balance in the user account. There may be additional rules and regulations which might be applicable and required for multiple purposes including and not limited to compliance of laws. In the event any User breaches, or we reasonably believe that such User has breached these Terms, or has illegally or improperly used Paytm First Games or PFG Services, we may, at our 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 Paytm First Games or PFG Services; change, suspend, or discontinue all or any part of PFG Services; eject, move, or remove any material that may be submitted by a User; establish general practices and limits concerning use of Paytm First Games; revise or make additions to the roster of players available for selection in a contest on account of revisions to the roster of players involved in the relevant Sports Event; deactivate or delete the User's account and all related information and files on the account, delete any content posted by the User on Paytm First Games and further, take technical and legal steps as we deem necessary.
          3. Access to our Services or any part thereof may be restricted by us from time to time in our sole decision and which shall be governed by Terms and various State Laws governing the usage of Games. Some of the states in India do not allow playing Games, and as such you hereby confirm that -
            • By participating in this contest(s), you acknowledge and agree that he/she is participating in a game of skill.
            • You are not accessing the Services to play Games from outside India
            • You are a legal resident of India and confirm to be present in India while accessing the products and/ or services offered. To claim a winning you must be physically present in India.
            • You are not accessing the paid version of Contest to play Games from the banned states or licensed states as per Annexure I in India as these states bar persons from participating in games of skill where participants are required to pay to enter and withdraw the winnings amount from the Portal. For users from other states, you hereby confirm that your state laws allows you to participate in paid Fantasy Games offered by us and that you are not accessing the services from states which do not allow to play paid version of Games. We request you to refer to our Terms carefully and its amendments as and when applicable and if any state laws bars your restriction in the paid version of Fantasy Games, then you agree to abide by that.
            • If any State Laws requires us to change the Games, we shall be doing so at our sole discretion and by continuing to play, we would be deemed to understand that you have read, understood and agreed to the revised Terms as applicable at such point of time. We may, in accordance with the laws prevailing in certain states of India, bar individuals residing in those states from participating in the contest(s).
        Only those Participants who have successfully registered on Paytm First Games as well as registered prior to each round in accordance with the procedure outlined above shall be eligible to participate in the contest and win prizes, if any.
      27. A Rummy Gameplay:
        1. Rummy is a widely popular card melding game play. The goal is to form valid sequences and sets by drawing and discarding cards. Your objective shall be to be the first to create sets and get rid of all unwanted cards. This can either be sets, three or four cards of the same rank, e.g. ♥8♠8♦8 or runs, which are three or more cards of the same suit in a sequence, e.g. ♥A♥2♥3 or ♥5♥6♥7♥8. Based on the game play there are many variations of Rummy and at First Games by Paytm, you can play variants like - Points Rummy, Deals Rummy, so on and so forth and available through our platform.
        2. You are aware that participation in the Game 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 understand that PFG assumes no liability or responsibility for any financial loss that you may sustain as a result of participation in the Activity.
        3. We are authorized to collect money by way of amount to be held in trust for your participation in Game, and as such the funds held in trust does not carry any interest or return. Depending upon the Game outcome, amount held in trust will be credited, subject to compliance of the terms herein.
        4. Your participation in a Game 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 players in the Game and subject to the rules of the Game. You shall not hold us 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, service disruptions or other technical reasons whatsoever.
        5. As part of its Services, We may provide or make available contest(s) for users wherein users on our platform can play various versions of card Rummy Games such as:
          • Points Rummy: This is among the most popular variant of rummy. In this, the player plays for points for a pre-defined value. The winner does not get any points in this variant and it is the sum of points who lost, that add to the total. The point calculation is based on cards that have not been formed in valid sets and sequences.
          • Deals Rummy: This kind of rummy is played with chips or value equivalent to chips, with an equal number given to each player. Each chip has one-point value. The winner of this game receives the chip that matches the number of points of the losing players. The winner is who has the maximum chips at the end of all deals.
          • Pool Rummy: This is another variant of rummy and can be played for 201 pool rummy or 101 pool rummy. The player who reaches (201/101) point is eliminated from the game. Unlike in deals rummy, the winner of this game aims to get zero or minimum points to be eligible to win the prize.
          • Rummy Tournaments: To win in a Rummy Tournament, the 13 card game strategy and skill has to be blended together. These games are played multi-table with each table having 6 players at max. The number of players participating in the tournament will depend on the tournament size. The player of the round receives all the chips from the other players. The players with maximum chips will eventually win the tournament and are eligible for cash prizes
        6. Currently, there are paid versions of the contest(s) made available on First Games by Paytm Platform. Users may participate in the contest(s) by paying the pre-designated amount as provided on the relevant contest page. A pre-determined platform fee would be applicable for accessing First Games by Paytm Services and from this pre-determined platform fee bulk of the amount would be a contribution towards prize money pool.
        7. We may provide with services related to multiple contest with single entry and before participating, the relevant contest page shall display whether allowed or not. Users participating through this way acknowledge and agree that they must abide the Terms and restrictions or conditions as specified by First Games by Paytm from time to time, and in each case shall be at the sole determination and discretion of PFG.
        8. Participation in modules would be governed by the Terms mentioned herein and would be dependent on factors including and not limited to your gameplay, previous participation history in rummy or on First Games by Paytm, funds available, fair play policy etc. You understand, agree and accept that your participation in a Game available on the platform does not create any obligation on us to give you a prize and if any game or contest is declared illegal or unlawful by us (as per our sole discretion), then your contest would be nullified and participation fee shall be refunded. In case if prize money is declared and handed over, then in such instances we reserve the right to claim refund of such amount. Your winning a prize is entirely dependent on your skill as a player vis-a-vis other players in the Game and shall always be subject to the rules and Terms.
        9. All the winnings are subject to deduction of Platform Fee depending upon the version of rummy games played by you and the entry fee selected to play these games.
        10. In the event user indicates, that he/she is a resident of either banned states or licensed states as per Annexure I, such Participant will not be permitted to proceed or participate for the match or contest in any paid version of the contest(s).
        11. Random Number Generator Software: You understand that PFG maintains the said certification it considers appropriate in the best of its belief, however, it is not possible to test all possible scenarios in any testing environment and We specifically disclaim any and all liability in connection with the RNG used in our gaming software.
        12. The decision of PFG with respect to the awarding of prizes shall be final, binding and non-contestable. If it is found that a Participant playing the paid formats is under the age of eighteen (18), we reserve the right, at our sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, we may suspend or terminate such Participant's account.
        13. Transactions carried out through the third-party payment gateway(s) made available on the Service are on independent basis and it is not our responsibility for authorization/denial of any such transactions. Such transactions are subject to and are undertaken in accordance with the terms and conditions specified by such third-party payment gateways without any liability or obligation to us and you are required to independently verify and abide by the terms and conditions applicable for such third party payment gateways.
        14. To the extent permitted by law, We make no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same. We may, at our sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against us and/or question us, and right to modify such prizes being offered, shall lie exclusively with us, which we may undertake due to various reasons including lockdown etc. We shall not bear any responsibility for the transportation or packaging of prizes to the respective winners. Any loss or damage caused to any prizes at the time of transportation shall not be our liability or responsibility and the winners need to have adequate insurance policy coverages for the same. The winners shall bear the shipping, courier or any other delivery cost in respect of the prizes. The winners shall bear all transaction charges levied for delivery of cash prizes. Prizes shall be non-transferable and non-refundable. Prizes cannot be exchanged/ redeemed for cash or kind unless and until approved by us at our sole discretion. In normal scenarios no cash claims can be made in lieu of prizes in kind.
        *PFG reserves the right to abandon a specific round or to cancel the contests or the entire tournament in certain specific, uncertain scenarios, which are beyond Paytm First Games’ reasonable control. In such scenarios of cancellation, participant’s entire fee shall be refunded.
      28. Fantasy Games:
        1. PFG is offering fantasy sports games in India through First Games by Paytm Platform, where participating users create virtual teams composed of Players engaged in participating in a sport event and compete against teams drafted by other participating users in a game contest.
        2. These sports game are offered through various formats and we allow simultaneous participation by multiple users per contest per match. Users participate in the contests to compete against each other through the virtual player squads created by them. Each user’s virtual team collect points based on the actual performance statistics of the athletes comprising such team with the winning team/s being the ones with the highest points tally at the end of the game contest, as per the contest winnings breakup.
        3. Participants may be required to accurately provide information and which may include and not be limited be various details like
          • Full Name,
          • Team Name(s),
          • Email addresses
          • State of residence,
          • Date of birth, etc.
        4. In the event a Participant indicates, while entering an address, that he/she is a resident of either banned states or licensed states as per Annexure I, such Participant are adviced not to proceed or play for the round or contest in any paid version of the contest(s).
        5. Contests made available on First Games by Paytm Platform may include a) fantasy cricket game; b) fantasy Paytm First Games football game; c) fantasy kabaddi game; d) fantasy basketball game and e) A fantasy hockey game. Individual users wishing to participate in the such contest ("Participants") are invited to create their own fantasy teams ("Team/s") consisting of real life cricketers, footballers, basketball players, hockey players or kabaddi players (as applicable) involved in the real-life cricket/football/kabaddi/hockey/basketball match (as applicable), series or tournament (each a "Sport Event") to which the fantasy game relates. PFG offers its platform to Participants for fantasy game Contest(s) being created relating to each Sport Event, and Participants can participate in such Contest(s) with their Teams.
        6. . Contest Formats:
          PFG provides contest(s) in two separate formats of First Games by Paytm Services, i.e. (1) as a Public Contests where Users can participate in a contest with other Users without any restriction on participation and (2) Private Contests, where Users can invite specific Users into a contest and restrict participation to such invited Users. All rules applicable to contest(s) as set out herein shall be applicable to both formats of the contest(s). Additionally please refer to the Play section in the Game to understand more on the applicability of rules for the Game.
        1. Public Contest:
          • In the Public contest format of the Contest(s), PFG may make available the Contest(s) comprising of 2 - 100 Participants or any other pre-designated number of Participants. ◦ PFG may create and offer this format of the contest(s) as a paid format and the winner will be determinable at the end of the round.
          • The number of Participants required to make the contest(s) operational will be pre-specified and once the number of Participants in such contest(s) equals the pre-specified number required for that contest(s), such contest(s) shall be operational. In case the number of Participants is less than the pre-specified number at the time of commencement of the round, such contest(s) will not be operational and the participation fee paid by each Participant shall be returned to such User without any charge or deduction.
          • In certain Contests across the PFG Services, designated as "Confirmed contests", the Contest(s) shall become operational even if a single Participant joins a Confirmed Contest. The pre-specified number of winners to be declared in such Contest(s), even if all available Participant slots (as pre-specified in relation to the Contest(s)) remain unfilled. It is clarified that notwithstanding the activation of such Contest(s), Participants can continue to join such Contest(s) till either (i) all available Participant slots of such Contest(s) are filled or (ii) the match to which the Contest (s) relates commences, whichever is earlier.
          • In certain contests across the PFG Services, designated as "Confirmed contests", the contest(s) shall become operational even if a single Participant joins a Confirmed Contest. The pre-specified number of winners to be declared in such contest(s), even if all available Participant slots (as pre-specified in relation to the contest(s)) remain unfilled. It is clarified that notwithstanding the activation of such contest(s), Participants can continue to join such contest(s) till either (i) all available Participant slots of such contest(s) are filled or (ii) the match to which the contest (s) relates commences, whichever is earlier. In the event of shortfall in the number of participants joining the Confirmed Contest, PFG continue with such contests and the short fall in the prize pool shall be borne by PFG.
        2. Private Contest:
          • In the Private contest format of the Contest(s), PFG enables Users to create a contest ("Private contest") and invite other users, whether existing Users or otherwise, ("Invited User") to create Teams and participate in the Contest(s). Users may create a Private contest to consist of a pre-specified number of Participants, ie consisting of either 2 -100 Participants. The User creating the Private contest shall pay the pre-designated amount for such Private contest and thereby join that Private contest and shall supply a name for the Private contest and be provided with a unique identification code ("contest Code") (which will be issued to the account of such User). The User agrees and understands that once the Private contest is created no change shall be permitted in the terms or constitution of the Private contest, except for a change in the name of the contest. The User creating the Private contest shall provide PFG with the phone number / email address or Paytm account or other login details / username of Invited Users to enable PFG to send a message or mail inviting such Invited User to register with PFG (if necessary) and participate in the Private contest in relation to which the invite has been issued.
          • In order to participate in the Private contest, an Invited User shall input the contest Code associated with the Private contest and pay the pre-designated amount for the Private contest. Once the number of Participants in a Private contest equals the number of pre-specified Participants for that Private contest, the Private contest shall be rendered operative and no other Invited Users or Users shall be permitted to participate in the Private contest. In the event that any Private contest does not contain the pre-specified number of Participants for that Private contest within 1 hour prior to the commencement of the match/Contest, the Platform will initiate an automatic refund of the amount deposited. Such refund shall be processed after the expiry of the deadline for filling of participants for such Private Contest.
          • It is clarified that the participation of Invited Users in any Private contest is subject to the pre-specified number of Participants for that Private contest, and PFG shall not be liable to any person for the inability of any Invited User to participate in any Private contest due to any cause whatsoever, including without limitation due to a hardware or technical malfunction or lack of eligibility of such Invited User to participate in the Contest(s).
          • Depending upon the circumstances of each match, the participants can edit their Teams till the official match start time as declared by the officials of the Sport Event or adjusted deadline, as specified below –
        3. Actual match start time is before the official deadline*:
          • All sports other than Cricket :
          • First Games by Paytm reserves the right to adjust the deadline to a maximum of actual match start time or such other time as it deems fit. In case the actual match start time is more than official deadline, the contest will be abandoned at our sole discretion.
          • Cricket :
          • First Games by Paytm reserves the right to adjust the deadline by a maximum of actual time before the start of official match or such other time as it deems fit.
          • In cases where official match time cannot be verified by First Games by Paytm through reliable and/or publicly available sources, PFG reserves the right to adjust the deadline to such time by which it can be reasonably understood to take into account that the given match is officially started (i.e. bowling done) and such timings will be at our sole discretion. In all such instances, we may make reasonable commercial efforts to keep you informed.
        4. Actual match start time is after the official deadline*:
          • PFG reserves the right to extend the deadline or abandon the contest/game based on the circumstances such as delayed toss, interruption on account of weathers, non-appearance of teams, technical/equipment glitches causing delays etc. and which shall be at our sole discretion.
        5. PFG may endeavor to send communications through notifications, sms communication and /or emails, about any such change as is contemplated in the aforementioned paragraphs to keep you updated.
        6. Teams are awarded points on the basis of the real life cricketers', footballers', ‘basketball players’, ‘hockey players’ or kabaddi players (as applicable) performances at the end of a designated match, match or tournament of the Contest(s). The Participant(s) whose Team(s) have achieved the highest aggregate score(s) in the contest(s) shall be declared winners ("Winners"). In certain pre-specified contests, there may be more than one Winner and distribution of prizes to such Winners will be in increasing order of their Team's aggregate score at the end of the designated match(s) of the contests.
        7. Currently, there are paid versions of the contest(s) made available on First Games by Paytm Platform. Users may participate in the contest(s) by paying the pre-designated amount as provided on the relevant contest page. The ‘pre-designated amount’ means and includes pre-determined platform fee for accessing First Games by Paytm Services and pre-determined participant's contribution towards prize money pool. The Participant with the highest aggregate points at the end of the pre-determined match shall be eligible to win a pre-designated prize which is disbursed out of prize money pool, as stated on the relevant contest(s) page.
        8. Tabulation Of Fantasy Points” PFG may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s). In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, etc., as a result of inaccuracies in or incompleteness of the feed provided by the third party service provider comes to its attention, PFG shall ensure to use reasonable efforts to rectify such error prior to the distribution of prizes. However, PFG hereby clarifies that it relies on the accuracy and completeness of such third party score/statistic feeds and does not itself warrant or make any representations concerning the accuracy thereof and, in any event, shall take no responsibility for inaccuracies in computation and tabulation of fantasy points or the selection of winners as a result of any inaccurate or incomplete scores/statistics received from such third party service provider. Users and Participants agree not to make any claim or raise any complaint against PFG in this respect.
        9. A Participant may create different Teams for participation in contest(s) in relation to a Sport Event across the First Games by Paytm Services. However, unless First Games by Paytm specifies otherwise in relation to any contest ("Multiple Entry Contest"), Participants acknowledge and agree that they may enter only one Team in any Contest offered in relation to a Sport Event. In case of Multiple Entry Contest(s), a Participant may enter more than one Team in a single Multiple Entry Contest. In addition, it is expressly clarified that First Games by Paytm may, from time to time, restrict the maximum number of Teams that may be created by a single User account (for each format of the contest) or which a single User account may enter in a particular Multiple Entry Contest, in each case to such number as determined by First Games by Paytm in its sole discretion.
        10. There are no limits as to the number of times you can make changes to Team before the Actual match start (“Deadline”) however post Deadline, you shall not be allowed and be prohibited from changing or carrying out any change or edits in the Team. Any announcement regarding the change or additions with respect to the team line up before or after the Deadline, shall have no material impact or effect on the deadline of the Fantasy Games. The Fantasy Games shall be conducted and results will be declared irrespective of the time of announcement of team line up.
        11. Participant shall pay a pre-designated amount for participating in the contest(s) being created on the First Games by Paytm Platform.
        12. Any amount remaining unused in the Fantasy Winning Account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User's Paytm / bank account on record with PFG, subject to the processing fee (if any) applicable on such transfers as set out herein.
        13. In the event a Participant indicates, that he/she is a resident of either banned states or licensed states as per Annexure I, such Participant will not be permitted to proceed or participate for the match or contest in any paid version of the Contest(s).
        *PFG reserves the right to abandon a specific round or adjust the deadline of a round or to cancel the contests and such fantasy game or the entire series in certain specific, uncertain scenarios, which are beyond PFG’s reasonable control, including but not limited to the ones’ mentioned hereinabove. In such scenarios of cancellation, participants entire fee shall be refunded.
      29. Battle Centre:
        • Games available in Battle Center are paid games. Paid games are those games which require the Participant to possess skill as success of Participants depends primarily on their superior knowledge, game play, skill, attention and dedication towards the contest(s) and adroitness in playing the contest(s) and games are subject to changes from time to time based on the regulatory aspects and State Laws.
        • First Games by Paytm does not host, display or transmit any content owned by third parties on its server’s, unless we either have a license or are not prohibited under the applicable law, to do the same. When you play a game, you agree and acknowledge that First Games by Paytm does not create and/or broadcast any content on its own accord and we are not responsible or liable for the content or accuracy of the Games that may be accessed by you through First Games by Paytm.
        • We may include links to other third parties (some of which may be automated search results) which may contain materials that are objectionable, unlawful, or inaccurate. We do not endorse or support these links or the products and services they provide; and these links are provided for your convenience only. We are not responsible or liable for the content or accuracy of such links.
        • In the event a Participant indicates, that he/she is a resident of either banned states or licensed states as per Annexure I, such Participant will not be permitted to proceed or participate for the match or contest.
      30. Call Break:
        • Call Break is a popular traditional card game played with standard 52 cards and is played in the format of set collection i.e. making pairs. This game is based on the criteria that cards are collected from each player that is discarded at the center of the table and individual set is made. Your objective shall be to win the maximum number of sets in the game.
        • Spades are the trump cards and ace of spades is the highest ranking card. From the available suits i.e. available 4 slots player must follow the same suit; and if such card of same suit is not available player can play a trump card which is spades to have the hand. If the Player doesn't have spade then player can play any other card of their choice, but hand will not be of his / her.
        • Player must always try to win the trick, in other words (s) he must play higher cards possible and must have positive ranking and negative ranking will affect the overall rankings of player.
        • Based on the game play there are many variations of Call break and at First Games by Paytm, you can play variants so on and so forth and available through our platform.
        • You are aware that participation in the Game organized by us ("Activity") may result in financial loss to you and may be addictive. 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 understand that PFG assumes no liability or responsibility for any financial loss that you may sustain as a result of participation in the Activity.
        • We are authorized to collect money by way of amount to be held in trust for your participation in Game, and as such the funds held in trust does not carry any interest or return. Depending upon the Game outcome, amount held in trust will be credited, subject to compliance of the terms herein
        • Your winning a prize is entirely dependent on your skill as a player vis-a-vis other players in the Game and subject to the rules of the Game. You shall not hold PFG 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, service disruptions or other technical reasons whatsoever.
        • The paid versions of the contest(s) made available on First Games by Paytm Platform are chargeable. Users may participate in the contest(s) by paying the pre-designated amount as provided on the relevant contest page. A pre-determined platform fee would be applicable for accessing First Games by Paytm Service and from this pre-determined platform fee bulk of the amount would be a contribution towards prize money pool.
        • We may provide with services related to multiple contest with single entry and before participating, the relevant contest page shall display whether allowed or not. Users participating through this way acknowledge and agree that they must abide the Terms and restrictions or conditions as specified by PFG from time to time, and in each case shall be at the sole determination and discretion of PFG.
        • Participation in modules would be governed by the Terms mentioned herein and would be dependent on factors including and not limited to your gameplay, previous participation history in call break or on First Games by Paytm, funds available, fair play policy etc. You understand, agree and accept that your participation in a Games available on the platform does not create any obligation on us to give you a prize and if any game or contest is declared illegal or unlawful by us (as per our sole discretion), then your contest would be nullified and participation fee shall be refunded. In case if prize money is declared and handed over, then in such instances we reserve the right to claim refund of such amount.
        • All the winnings are subject to deduction of Platform Fee depending upon the version of call break games played by you and the entry fee selected to play these games.
        • In the event user indicates, that he/she is a resident of either banned states or licensed states as mentioned in Annexure I, such Participant will not be permitted to proceed or participate for the match or contest in any paid version of the contest(s).
        Notwithstanding anything what is mentioned hereinabove, PFG reserves the right to abandon a specific round or adjust the deadline of a round or to cancel the contests and such fantasy game or the entire series in certain specific, uncertain scenarios, which are beyond PFG’s reasonable control, including but not limited to the ones’ mentioned hereinabove. In such scenarios of cancellation, participants entire fee shall be refunded.
      31. POKER GAMEPLAY
        1. Poker is a popular card game and is normally played in a group with minimum two players. It uses a 52- card pack without jokers. Each player receives two cards face down. The dealer hands out five community cards face up. Players can use any five cards to form the combination. As the game progresses the pot money grows and is won by the winner having best five-card combination. There are stages in the games like Blind, Pre – flop, Flop, Turn, Showdown etc. Winner is the player who remains in the game till the completion of the hand and has the best hand or the highest hand based on the cards ranking shown below.
          The rankings for cards shall follow as under –
          1. Highest Rank - Royal Flush – cards of same colour and in sequence starting from Ten to an Ace with all five cards of the same suit; eg. ♥10♥J♥Q♥K♥A ; followed by
          2. Straight Flush - cards of same colour and in sequence with all five cards of the same suit; eg. ♥9♥8♥7♥6♥5 ; followed by
          3. Four of a Kind - any four cards of the same rank and the fifth card being the deciding card in case of tie, e.g. ♥A♠A♦A♣A♦K ; followed by
          4. Full House - any three cards of the same rank and other two cards of the same rank, e.g. ♥A♠A♦A♦K♣K ; followed by
          5. Flush – all five cards of same colour which are not in sequence and the highest card of the five determines rank; e.g. ♠3♠5♠9♠J♠A followed by
          6. Straight – all five cards of different colour but in sequence; eg. ♠A♥K♦Q♠J♣10 followed by
          7. Three of a Kind - any three cards of the same rank; e.g. ♥A♠A♦A♦K♣Q followed by
          8. Two Pair - two cards of the same rank and having 2 pairs, e.g. ♥A♠A♥K♦K♣Q followed by
          9. One Pair - two cards of the same rank and having 1 pair, e.g. ♥A♠A♥K♣Q♦J followed by
          10. High card - any hand not in the above - mentioned hands, e.g. ♥A♠J♥9♣6♦3
          Based on the game play there are many variations and you can play variants like – Texas Hold’em Poker, Omaha Poker, so on and so forth and available through our platform.
        2. CONDITIONS OF PARTICIPATION
          1. Our Services are available only to registered users and by completing the registration, we understand that you have reviewed, understood, agreed and confirm your acceptance to the Terms. Any modifications to the Terms shall be governed by various factors including and not limited to Terms and conditions above, and by continuing usage of the updated Terms, we would reasonably understand that you have reviewed, understood, agreed and confirm your acceptance to revised Terms.
          2. In the event user indicates, that he/she is a resident of either banned states or licensed states as mentioned in Annexure II, such Participant will not be permitted to proceed or participate for the match or contest in any paid version of the contest(s).
          3. Subject to the Terms, We at our sole discretion, may disqualify any user from a Game, refuse to award winnings or block account, if user engages in unfair conduct, which We deem to be improper, unfair or otherwise adverse to the operation of the Game and or contest or is in any way detrimental to other Users which includes, but is not limited to:
            • There shall not be any formation of teams or cartelization by you or on your behalf for the purpose of cheating or unlawful or illegal gains or any other form. In short cheating and collusion is strictly prohibited. When we detect or have reasons to believe that collusion or cheating has happened or is happening, then we shall nullify the Game and may take further appropriate action against offending users in terms hereof. We reserve the right at our sole discretion to determine what constitutes collusive or fraudulent activity and our decision shall be final and binding upon you.
            • You confirm of having the requisite skills 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.
            • being engaged in money laundering activities or that may be construed as money laundering.
            • being engaged in anti-spamming or sending any form of unsolicited communication for your benefits / exploitation.
            • Creating multiple ID’s. Your account and registration is restricted to a single user account which will be used by you to avail of the Services provided on the Portal and you are prohibited from creating or using multiple user IDs for registering on the Portal.
            • use Services on the Portal for commercial exploitation without being engaged directly on gameplay like 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 Portal.
            • upload, distribute or publish through the Portal, any content which may contain viruses or computer contaminants (as defined in the Information Technology Act 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 us.
            • Access or attempt to access the Services through someone else's user account.
            • 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.
            • deactivate or disenable any of the methods followed by us, used for trailing and understanding purposes and which would be used for regulatory / statutory provisions.
          4. You shall not engage in the Portal if you are
            • not an Indian citizen;
            • not having registered account;
            • Below 18 years of age; and such other conditions as mentioned hereinabove.
          5. We reserve the right to abandon a specific round or to cancel the contests or the entire tournament in certain specific, uncertain scenarios, which are beyond our reasonable control, including but not limited to the ones’ mentioned hereinabove.
          6. Any rewards or bonuses given by us as a part of promotional campaigns is entirely dependent upon our marketing and promotional activities and shall always be subject to the rules of the Game.
        3. PARTICIPATION
          1. As part of its Services, We may provide or make available contest(s) for users wherein users on our platform can play various versions of Poker game such as Texas Hold’em, Omaha, etc.
          2. These are some of the other modules which shall be available for gameplay and we might update the same within the gameplay. The contest(s) across PFG shall, in addition to the Terms mentioned herein, be governed by:
            • "Poker Rules" made available at How To Play Section
            • Other rules and regulations. To continue playing and enjoy gameplay all Participants are required to abide by the above.
          3. Currently, there are paid versions of the Game and Contest(s) available on our platform and which will have certain fees or charges towards Platform Fee depending upon the version of game played by you.
          4. Participation in modules would be governed by the Terms mentioned herein and would be dependent on factors including and not limited to your gameplay, previous participation history in poker or on PFG, fair play policy etc. You understand, agree and accept that your participation in a Game available on the platform does not create any obligation on us and if any game or contest is declared illegal or unlawful by us (as per our sole discretion and for reasons more specified hereinbelow), then your contest would be nullified, at our sole discretion.
          5. All the winnings are subject to deduction of Platform Fee depending upon the version of call break games played by you and the entry fee selected to play these games.
          6. In the event user indicates, that he/she is a resident of either banned states or licensed states as mentioned in Annexure II, such Participant will not be permitted to proceed or participate for the match or contest in any paid version of the contest(s).
        4. Random Number Generator Software: ………….. You understand that we maintain the said certification it considers appropriate in the best of its belief, however, it is not possible to test all possible scenarios in any testing environment and Gamepind specifically disclaims any and all liability in connection with the RNG used by our software.
        * Notwithstanding anything what is mentioned hereinabove, PFG reserves the right to abandon a specific round or adjust the deadline of a round or to cancel the contests and such fantasy game or the entire series in certain specific, uncertain scenarios, which are beyond PFG’s reasonable control, including but not limited to the ones’ mentioned hereinabove. In such scenarios of cancellation, participants entire fee shall be refunded.
Annexure I – List of Banned States
Andhra Pradesh
Arunachal Pradesh
Assam
Odisha
Telangana
Karnataka
Meghalaya
Nagaland
Sikkim
Annexure II – List of Banned States
Andhra Pradesh
Arunachal Pradesh
Assam
Gujrat
Odisha
Telangana
Karnataka
Meghalaya
Nagaland
Sikkim