- All terms and expressions when used with a capitalized first letter but not defined shall have the meaning ascribed to them in the Annexure.
ABOUT THE PLATFORM
Our Platform is built to create a decentralised community of gamers which acts as distribution platform for global and Indian games. Multiple Quests and Tournaments are organised on the Platform that a User can participate for free, either individually or as part of a Clan, to earn benefits. Users can also receive reward points called IndiGG Reward Points that have multiple use cases on the Platform. We may, at our sole discretion, live stream any or all gameplay activity of Users
- The Platform is built to create a community of gamers who can participate in a variety of Web3 and Web2 games ("Partner Games”) offered by global game developers and publishers integrated on the Platform (“Game Partners”). IndiGG reserves an unconditional right to add, remove, restrict, or disable Your access to Partner Games at its sole discretion without any prior notice to You. We are not liable in the event You suffer any loss or damage by Your inability to access or participate in any Partner Game on the Platform.
- Users can participate in games offered on the Platform, as freelance agents, either individually or as part of a Clan (defined below) in accordance with the requirements and conditions prescribed by the Platform from time to time.
- Each Game Partner on the Platform may display certain tasks and activities in relation to its Partner Game that a User needs to complete by engaging and participating in the Partner Game ("Quests”). In addition, from time to time, certain tournaments and competitions may also be organised on the Platform, either by the Game Partner, IndiGG, or the Clan Chief (defined below) where Users compete with other Users on the Platform ("Tournaments”). Participation in Quests and Tournaments is free to all Users and may be subject to certain rules and conditions, which each User needs to abide by (respectively “Quest Rules” and “Tournament Rules”)
- You agree that IndiGG reserves the right, at its sole discretion, to record and live stream Your engagement with any Quests, Tournaments, or similar gameplay on the Platform ("Live Streams”). You hereby consent that IndiGG may use any or all Live Streams at its absolute discretion and You expressly waive any rights that You may have, including intellectual property rights, in any such Live Stream. IndiGG reserves the right to abandon a specific Live Stream or adjust the deadline of a Live Stream at its discretion
- Apart from the Game Partners, IndiGG may also avail the services of third parties for operating the Platform and offering its Services to You (“Service Providers”). Your use of services offered by such Service Providers is independent and separate from Your use of our Services and shall be governed by the terms and conditions of such Service Provider without any liability to Us.
- The Platform may conduct a referral program from time to time to incentivise Users to refer and invite other persons to register as Users on the Platform. The terms and conditions governing such referral program will be notified by IndiGG from time to time.
ELIGIBILITY TO THE PLATFORM
- You may use the Platform and our Services only if You are 18 years of age or older and capable of forming a binding contract under the relevant Applicable Laws
- You must have a valid and active mobile number to sign up on the Platform.
- You are not impersonating any other person.
- While You may view Our Platform without registration, for availing our Services and participating in any Partner Game or functionality of the Platform, You must duly register with the Platform and have a valid and subsisting User Account (defined below).
- No person who is an employee of IndiGG or is involved in the development of the Platform is eligible to create a User Account or participate in any Quests or Tournaments on the Platform, without Our express consent and subject to such terms as We may impose on such person.
REGISTRATION AND USER ACCOUNT
- Third-Party Wallet: As part of the registration process, We provide you the ability to create or link Your existing third-party non-custodian wallet with the Platform (“Third-Party Wallet”). You acknowledge that the issuance of the Third-Party Wallet and its use is a service provided by a third-party service provider and that IndiGG is not liable for any defect, restrictions, misuse, loss, theft, or similar misappropriation vis-à-vis Your Third-Party Wallet. You can use Your Third-Party Wallet to hold Earnings (defined below) that You receive from use of the Platform. You acknowledge that You have complete rights and ownership of the Third-Party Wallet, and are responsible for all transactions undertaken from the same. IndiGG is merely providing You with an interface to use and access Your Third-Party. In the event You lose access to Your device or are otherwise unable to access Your Third-Party Wallet, You agree that You will not hold us accountable or initiate any dispute or proceedings against Us.
- Account Security: You are responsible for the security of Your Third-Party Wallet and User Account on the Platform and any information that You upload or share. Please keep Your login, password, and account details private and confidential and avoid sharing them with any other person. If You become aware of any unauthorized use of Your User Account, it is Your duty to notify Us immediately and furnish all relevant information that We seek.
EARNINGS, PLATFORM FEE, AND TAXES
You may earn certain benefits and rewards by participating on the Platform, which will be credited to Your Third-Party Wallet. We reserve the right to charge a Platform Fee for any transaction you enter on the Platform. You are solely responsible to comply with Applicable Law in relation to Your earnings and to remit all taxes applicable in relation to Your transactions on the Platform.
- User Earnings: The Platform offers Users the ability to earn a variety of rewards by participating in Quests, Tournaments, or by otherwise engaging on the Platform, subject to any terms that may apply to such engagement. These earnings and rewards may be in the form of game tokens, NFTs, or the Platform’s native Reward Points ("Earnings”) and Users can receive and hold such Earnings in their Third-Party Wallets. You agree that any Earnings that You receive in relation to Your participation and engagement on the Platform are fair and reasonable, and that You voluntarily agree to spend Your time and skills on the Platform.
- Bonus Rewards: As part of its promotional activities, IndiGG may, in its sole discretion, issue bonus rewards to a User for the purpose of participation in any Quest, Tournament, or general engagement with the Platform. These rewards may be issued in the form of Reward Points . The use of Reward Points on the Platform may be subject to certain time and usage restrictions, which shall be notified to the User from time to time. Any use or redemption of Reward Points by the User on the Platform will always be at the discretion of IndiGG.
- Withdrawal of Earnings: IndiGG will assist Users to withdraw their Earnings on the Platform through its Service Providers. Before Users make any withdrawals, they must complete the KYC process of the Platform in accordance with our AML and KYC Policy and provide the relevant details requested by the Service Provider. The User must be 18 years of age and shall not belong to a Restricted Territory. IndiGG will, at its own discretion, charge a redemption or withdrawal fee from the User per withdrawal. This fee will be over and above any charges payable by the User to any payment gateways and shall be specified to the User at the time of withdrawals. IndiGG may at any time, at its sole discretion, modify or change the redemption process for Earnings on the Platform without any prior notice. Any loss to the User from a change in process shall not make IndiGG liable to the User in any manner whatsoever.
- Platform fee: In respect of any transactions entered by a User through the Platform, we reserve the right to charge a service fee from the User in relation to such transaction (“Platform Fee”), as specified at the transaction time or during the transaction journey. You agree that once You confirm a transaction on the Platform, You are bound to pay the applicable Platform Fee.
- Taxation: All redemption on the Platform will be governed by applicable tax laws. Wherever applicable, the Platform has a right to deduct and withhold certain taxes, including TDS, from the Earnings. IndiGG will provide the relevant receipts to the User upon any such deduction or withholding. It is hereby clarified that You are solely responsible to comply with Applicable Laws related to Your use of the Platform and our Services including, without limitation, to remit all taxes applicable in relation to Your transactions on the Platform to the relevant authorities. You acknowledge and agree that IndiGG is not responsible for determining or reporting the amount of any taxes You owe but reserves the right to deduct taxes and other authorized withholdings as may be required under Applicable Laws.
OUR DUTIES AND OBLIGATIONS
- We are a technology platform and endeavour to provide You access to the Platform and standard support for the Services. However, We will not be liable for any losses arising out of Your dealings with Game Partners, Service Providers, or any other third party that You engage with through our Platform, or for variations in our Services caused due to factors outside our control.
- We will be responsible for providing You with accurate and updated information about Our Services and any Quests or Tournaments that You participate in on the Platform. However, please note that We rely on third-party Service Providers to source some information and the accuracy and completeness of the information We provide is dependant on such third-parties
YOUR DUTIES AND OBLIGATIONS
- You must ensure that You are at least 18 years of age, capable of forming a binding contract under the relevant Applicable Laws and shall provide Us the relevant documents in this regard.
- You agree to provide true, accurate, current, and complete information at the time of registration and at all other times (as required by IndiGG). You further agree to update and keep updated all information You share with Us.
- You will not register or operate more than one User Account on the Platform using the same mobile number or login credentials.
- You agree to ensure that You allow Us to send communication to You for marketing and other purposes in relation to Your use of Our Services. We are not liable if any email or other communication remains unread by You because of such communication being delivered to Your junk or spam folder, or if You have blocked Us from sending such communications.
- Any password created by You must not be revealed to anyone else. You should not use another User’s password or login credentials to access the Platform.
- You agree not to use cheat codes, exploits, automation, software, bots, hacks, or any unauthorised third-party software designed to modify or interfere with our Platform or/and our Services or to participate in any Quest or Tournament in an unfair manner.
- You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying IndiGG, Our Platform, or Our Services.
- You 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 Our Services or any other person's use or enjoyment of Our Platform.
- You will not publish any content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.
- Without limiting the foregoing, You agree not to use the Platform or/and Our Services:
- To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory, or abusive action or communication.
- To publish, post, upload, e-mail, transmit, distribute, or disseminate any inappropriate, profane, defamatory, infringing, hateful, obscene, indecent, or unlawful content.
- To advertise, offer or sell any goods or services for any commercial purpose on the Platform without Our express written consent.
- To download any file, recompile or disassemble or otherwise affect Our products that You know or reasonably should know cannot be legally done or obtained in such manner.
- To collect or store personal information about other Users.
- To impersonate any person or entity, including, but not limited to, a representative of IndiGG, or falsely state or otherwise misrepresent User's affiliation with a person or entity.
- To engage in any illegal activities.
- To engage in any action that threatens the unity, integrity, defence, security or sovereignty of any country, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to other nation (s).
- You agree to use Our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") to send and receive messages and material that are proper and related to that particular Forum.
- If You choose an account name or user-ID that, in Our opinion, is obscene, indecent, abusive, hateful or that might subject Us to public disparagement or scorn, or a name which is an official name of a sports team, sporting league, sporting franchise and/or name of any sporting personality or any well-known person or celebrity in any sphere of public life, as the case may be, IndiGG reserves the right, without any prior notice to You, to restrict usage of such names.
- The Platform includes a combination of IndiGG Content created by IndiGG, the Game Partners, our Service Providers, affiliates, licensors, associates, group companies, and/or You. The intellectual property rights (“Intellectual Property Rights”) in all software underlying our Services and all material published on the Platform, including (but not limited to) Quests, Tournaments, Partner Games, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings, and flash animation, is owned by IndiGG, the Game Partners, our Service Providers, affiliates, licensors, associates, and group companies.
- You are solely responsible for all materials (whether publicly posted or privately transmitted) that You upload, post, email, transmit, or otherwise make available on the Platform from your User Account ("User Content"). Each User represents and warrants that it owns all Intellectual Property Rights in the User Content and that no part of the User Content infringes any third-party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights of any third party on the Platform in contravention of Applicable Law. Users agree to indemnify and hold harmless IndiGG, its group companies, directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform, by such User or through the User's commissions or omissions.
- Users hereby grant to IndiGG and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish User Content for any of the following purposes: (a) displaying User Content on the Platform; (b) distributing User Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it; and/or (c) storing User Content in a remote database accessible by end users. This license shall apply to the distribution and the storage of User Content in any form, medium, or technology.
The Platform is provided to You on an “as is” basis without warranties of any kind. While we always attempt to provide the Services and Platform safely, we do not represent or warrant that they are free of viruses or other harmful components or that they error-free and reliable.
- Except as expressly provided to the contrary in writing by Us, the Platform, and the IndiGG Content contained therein, are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. IndiGG (and its suppliers and Service Providers) make no warranty that the Platform will: (1) meet Your requirements; (2) be available on an uninterrupted, timely, secure, or error-free basis; or (3) be accurate, reliable, complete, or safe.
- We will not be liable for any loss of any kind from any action taken or taken in reliance on material or information contained on the Platform. We do not represent or warrant that any content on the Platform is accurate, complete, reliable, current or error-free.
- While We attempt to make Your access to and use of the Platform and content safe, We do not represent or warrant that the Platform, IndiGG content, or any other part of the Platform are free of viruses or other harmful components. We cannot guarantee the security of any data that You disclose online. You acknowledge and accept the inherent security risks of providing information and dealing online over the Internet. We will not be responsible for any breach of security unless it is due to Our gross negligence.
- We will not be responsible or liable to You for any loss and take no responsibility for, and will not be liable to You for, including but not limited to, any losses, damages, or claims arising from: (1) User error such as if You forget Your password(s), incorrect transactions, or mistyped addresses; (2) server failure or data loss; (3) corrupted wallet files; or/and (4) loss of any assets in Your Third-Party Wallet.
- IndiGG does not review or evaluate the User Content, or the content present in the Partner Games. We are not responsible in any manner for the accuracy, copyright compliance, legality, decency, or appropriateness of the Partner Games. We are also not responsible for the content, graphics, advertising, products, or any other materials that may appear in the Partner Games. You should carefully review such content, the adverts and respective terms and conditions for each of the Partner Games before use.
- The use of each of the Partner Games by the User is subject to the terms and conditions, if any, posted by the Game Partner(s). IndiGG does not exercise control over any internet sites apart from the Platform, and cannot be held responsible for any content, product, or services residing in any third-party internet sites, including but not limited to Service Providers and Game Partners, that the User may access through the Platform.
- We do not control and are not responsible for what Users post, transmit or share on the Platform or in a Partner Game. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable User Content You may encounter on the Platform or in any Partner Game or in connection with any third-party applications, software or content. We are not responsible for the conduct, whether online or offline, of any User of Our Platform.
- Partner Games are directly updated/uploaded on the Platform by the respective Game Partner and therefore We make no warranty that You will not come across content in a Partner Game that might not suit Your sensibilities and might be considered inappropriate by You. In such a scenario, You are free to discontinue playing/participating in such Partner Game or opt not to use, view, stream, consume, engage with such content or Partner Game.
- Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer. In such a case, the exclusion and limitations in this section may not apply to such User and may not affect such User’s statutory rights.
- TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE PLATFORM AND CONTENT CONTAINED THEREIN. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY AND INDEMNITY
- THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES THAT MAY BE SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND INDIGG.
GRIEVANCE REDRESSAL MECHANISM
- In Your complaint or grievance, please include the following information:
- Your name and contact details: name, address, contact number and email address;
- Your relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person;
- The name and age of the person aggrieved or affected by the subject matter of the complaint, in case You are acting on behalf of such person and a statement, under penalty of perjury, that you are authorised to act on behalf of such person and to provide such person's personal information to Us in relation to the complaint/grievance;
- Description of the complaint or grievance with clear identification of the User Content in relation to which such complaint or grievance is made;
- A statement that the information provided in the complaint or grievance is accurate.
- IndiGG respects the Intellectual Property Rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners. You are requested to send Us a written notice/intimation if You notice any act of intellectual property infringement on the Platform, which must include the following information:
- A clear identification of the intellectual property allegedly infringed;
- A clear identification of the allegedly infringing material on the Platform;
- Your contact details: name, address, e-mail address and phone number;
- A statement that You believe, in good faith, that the use of the material allegedly infringed on the Platform is not authorized by Your agent or the law;
- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
- Your signature or a signature of Your authorized agent.
- The aforesaid notices can be sent to IndiGG by email at [email protected]
On receiving such complaint, grievance or notice, Indigg reserves the right to investigate and/or take such action as IndiGG may deem appropriate.
You may write to the Grievance Redressal Officer by email at [email protected]
IndiGG reserves the right to replace the Grievance Redressal Officer at its discretion through publication of the name and title of such replacement on the Platform, which replacement shall come into effect immediately upon publication.
- In the event either or both Parties believe that the dispute is not resolvable through amicable and mutual means, either Party may refer the dispute to a sole arbitrator appointed by IndiGG as per the rules of the Singapore International Arbitration Centre.
- Each Party will cover its own costs associated with the arbitration proceedings.
- The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Cyber Security Standards: IndiGG confirms that the security system of the Platform complies with the Information Technology Act 2000 (“IT Act 2000”). IndiGG will comply with the cyber security directions dated 28 April 2022, issued by the Indian Computer Emergency Response Team (“CERT-In”) under the under the provisions of the IT Act 2000.
- Notices: Notices to You may be made via Your email for communications like account registration confirmation and other notifications. The Platform may also provide notices to You regarding Your use of our Services or for other matters connected therewith or incidental thereto.
- “Applicable Laws” means all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, policies, directions, directives, advisories and orders as such are in effect as of the date hereof or as may be amended, modified, enacted or revoked from time to time hereafter or other governmental restrictions or any similar form of decision of, or determination by any government, statutory authority, tribunal, board, court having jurisdiction over such matter.
- “Clan” means a group of Users on the Platform who organise themselves as a community based on shared interests or affinity in the real world, to work together and get the socio-economic benefits of collective action on the Platform.
- “Clan Chief” means the leader of a Clan. A user may become Clan Chief either by creating a Clan or by achieving the position gradually over time as per certain defined metrics.
- “Force Majeure“ means any event including acts of God or such other events beyond the reasonable control of the affected Party including a pandemic, directives of any government or statutory authority, orders of a court, statutory, or quasi-judicial authority, terrorist activities, earthquake, tempest, cyclone, flood, hurricane, tsunami, volcanic eruption or fire or other casualty or accident or landslide, war (whether declared or not) or other violence or limitation/unilateral suspension/termination by access service providers, or any cyber-attack or similar unforeseen technological disruptions, or any change in government policies directly or indirectly interrupting the performance of the affected Party in terms of this Agreement, any of which prevents the affected Party from performing its obligations under this Agreement, and which Force Majeure event is beyond the reasonable control and not arising out of the fault of the affected Party and the affected Party has been unable to overcome such act or event by the exercise of due diligence and reasonable efforts, skill and care.
- “Party” individually refers to the User and IndiGG, and “Parties” collectively to both the User and IndiGG.
- “Restricted Territory” means territories in the list of sanction countries issued by the Office of Foreign Assets Control (United States) as modified from time to time and such other countries where access or use of the Platform is specifically restricted by IndiGG.
- “Reward Points” mean the internal native points of the Platform which are credited to a User at the discretion of IndiGG for achieving certain milestones or continued engagement on the Platform.
- “Services” mean all services provided by IndiGG to the Users through its Platform.
- “User Account” mean the account created for an individual person by IndiGG after submission of all relevant information by the User and completion of verification and other checks by the Platform.