THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000, RULES ISSUED THERE UNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS DOCUMENT IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. 

THIS DOCUMENT IS PUBLISHED BY MIND SPORTS LEAGUE PRIVATE LIMITED (HEREINAFTER REFERRED TO AS “THE COMPANY”, “WE” OR “US”) IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, TERMS OF SERVICES, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS AND USE OF THE MOBILE APPLICATION “HASHTAG POKER” (HEREINAFTER REFERRED TO AS THE “APP”).

Important Notices

  1. Please read these Terms carefully before downloading, installing or using the App. By downloading, installing, accessing, browsing or using the App, you accept and agree to these Terms which bind you legally. If you do not agree to these Terms you are not permitted to use the App and you must immediately cease downloading, installing or using the App.
    1. In addition to the terms and condition specified in these Terms of Use, your use, downloading and access of the App and any Services provided on the App are subject to  such rules applied by Apple Inc. (“App Store Rules”) and Google Inc. (“Play Store Rules”) with respect to the use of their App Store and Play Store respectively located at https://www.apple.com/itunes (“App Store”) and https://play.google.com/store (“Play Store”).
    2. In order to use the App, you must have a compatible device which meets the following minimum specifications: for Apple devices and is compatible with iPhone, iPad, and iPod Touch; for Android, with both accelerometer and gyroscope sensors. Any compatible device to which you download the App will be known as a “Device” for the purposes of these Terms. You confirm that you either own the applicable Device or if not owned by you, you have obtained permission to install and use the App on such Device. You accept responsibility for any use of the App on or in relation to such Device, whether or not such Device is owned by you or such use was made by you.
    3. By downloading, installing, accessing or using the App, you acknowledge and confirm that you have read and understood these Terms (including terms and conditions as incorporated by reference herein and that you shall be entering into binding obligations with the Company in accordance with the Terms as set out hereinafter including the policies incorporated herein by way of reference. 

Eligibility

Use of the App is available only to persons who are “competent to contract” within the meaning of the Indian Contract Act, 1872. You declare and confirm that you have the capacity to contract while availing the services offered on the App. Any misrepresentation of facts on your part, or omission to state facts (willful or otherwise) asked for or otherwise required by the App or any person designated by the App will cause an immediate termination of services. 

Create an Account

The App requires you to create an account for accessing and utilizing the services available on the App. For creating an account, the App will require you to provide your name, mobile number, proposed username and password. Prior to creating an account, the App will validate your information by providing a one time password (OTP) on your registered mobile number which can be thereafter entered in the App. 

Please note that you are not permitted to share your login credentials (username and password) with any third party or otherwise permit the use of the App by any third party who is not the owner of the account. This is for security of your information and progress in the App. Further, the Company may develop additional mechanisms for validating its users through other KYC measures which shall be intimated to you as and when the same is implemented. 

Description of App Services – Learn, Watch and Play 

This App is a unique platform which is aimed at providing its users with the content to explore the game of skill based poker gaming under its unique and proprietary “Learn Watch and Play TM model. This App enables its users to access content on poker games, information on news and events related to poker gaming activities and tournaments including “Poker Sports League”, a league which is owned and operated by the Company, provide training and access to content for learning skill based poker gaming as well as provide users with the gaming experience.

App Services – “Learn” how to play skill based poker games 

The App enables its users to learn how to play the game of skill based poker through provision of various curated and developed courses, quiz, puzzles, modules, lessons etc. by the Company. The “Learn” aspect of the App comprises: 

  1. Courses in the form of in-house videos for elementary, beginner, intermediate and expert levels to help you get acquainted and acquire necessary skills required to play skill based poker
  2. Quiz and puzzles – The App consists of various quiz and puzzles (daily, category, rush etc.) specifically designed by the App to help its users to test your knowledge skills in the world of skill based poker games
  3. Individual modules, hand reviews, one to one coaching, group coaching and webinars.
  4. Please note that while several features of the “Learn” aspect of the App are provided free of cost, certain features of the App (illustratively, courses for beginner, intermediate and expert levels, one to one coaching and group coaching) are available based on in-app purchases or subscription models which you may opt for. Please refer to the Subscriptions and In-App Purchases link for further details. 

App Services – “Watch” videos and games

The App also provides specially curated content of live and recorded games which are available for viewing by users. The content of videos provided on the App are presently free and the Company reserves its right to charge additionally for such features.  

App Services – “Play” skill based poker gaming 

  1. The App enables its registered users to “play” skill based poker games on the App live with other users on the App. The “Play” feature of the App the following categories:
  2. ‘Sit n Go’: The Sit n Go feature enables the users to play one table and exit upon completion of each hand. 
  3. ‘Private Tables’: Users can also organize private tables to play with family and friends with the use of its private tables. Unlike other play features where users are competing against randomly selected players on the site, private tables allow the users to identify and restrict entry to table to specific users only. 
  4. “Tournaments’: The App may from time to time organize several tournaments enabling users to compete with each other. Users may participate in such tournaments. 
  5. ‘Video Poker’: Video poker feature enables users to engage in live video games where the live image of the users at the table is visible to other users at the table. 
  6. Quick games: Users may also enter quick games with other available users to compete in skill based poker games. 

Please note that while certain features of the App such as Sit n Go and Video Poker are available (to a limited extent) as free services, other features may require you to subscribe to Subscription Plans or otherwise be available at In-App Purchases. Additionally, while free to use features may be available for a limited duration on a weekly or monthly basis or for limited games and any additional usage may also require you to subscribe to such features or undertake In-App Purchases.

App Services – Poker Sports League Tournament

The App may also provide free or chargeable tickets to participate in the qualifier rounds of ‘Poker Sports League’. This feature may not be available to all users depending on the residential status of the users. While subscribing to any specific plans, please check to ensure if such plans support free tickets to Poker Sports League. 

No Real Money Gaming Services

Please note that all games supported and hosted by the App are free and for entertainment and learning purposes only. This App does not provide, host or support any real money gaming services i.e. the App does not enable users to play with real money or undertake gambling or betting activities with the use of real money. 

Without prejudice to the generality of the foregoing, you acknowledge and understand that:

  1. All chips, tokens or any other coins which are provided on the App are not convertible to real money or currency and are provided purely as a reference to enable users to understand, learn, practice and play the games which are hosted or supported on the App. The Users cannot redeem such chips or coins against cash or money;
  2. The App only hosts such qualifiers or events which are non-real money gaming tournaments. Such qualifiers hosted on the App, however, may enable the users to qualify for participation in real money gaming tournaments. However, the real money gaming tournaments are not hosted on the App, even where qualifying events may be hosted on the App. Further, the App at present only hosts such qualifier tournaments which do not have any cash deposit requirements which may result in such qualifiers being treated as real money gaming activities;
  3. To encourage and incentivize users, the Company undertakes various rewards programs or campaigns from time to time to enable users to receive rewards for their performances which may be linked to the chips / token which are available to the account of the user. However, such rewards may change from time to time and the Company does not provide any guarantee that the chips will be convertible to any specific reward or will enable users to purchase any product at all times.
  4. The chips are provided free of cost, however, purchase of additional chips to continue accessing the ‘Play’ feature on the App may be subject to payment of additional cost. You may choose to purchase certain chips to participate in any games or tournaments (similar to any other in-app purchases which are utilized in any online games), however, such purchase of chips is not mandatory for accessing all features on the App.    

Additional Terms applicable to Content Providers

  1. The Company also engages with content publishers and aggregators to enable such publishers and aggregators to upload videos and content on the Platform. In respect of such users who are publishing and making their content available on the App, such Users shall be subject to additional terms as specified herein:
  2. The user does hereby grant a non-exclusive and royalty free license to the Company to use, host, edit, copy, alter, modify or create derivative works of, the uploaded content and any edited, altered, modified or derived works of the Poker Content on the App till such time as the content remains on the App. 
  3. The user specifically acknowledges that the Company shall have the sole discretion in determining the manner of hosting of the content on the App and duration for which the App is hosted. 
  4. The Company shall have the right to remove such content at its sole discretion in the event that the content violates these Terms as specified herein or in the event that any complaint is received by the Company in respect of such content including but not limited to complaint stating that the content is infringing, violating any third party rights, obscene, libelous, defamatory etc.  
  5. The user uploading such content on the App represents and warrants that it is the owner of and is otherwise authorized to license the content to the Company in the manner as provided herein. Without prejudice to the generality of the foregoing, such user specifically represents and warrants that:
    1. The user has the ownership of all intellectual property rights associated with the uploaded content. Neither the use or hosting of the content on the App infringe or violate any third party intellectual property rights, nor the user has received any notice alleging such infringement;
    2. The Content Provider has requisite permissions or authority to use the name, image, likeness, characterization or other attributes of any individuals forming part of the content and is otherwise authorized to grant such authority or permissions to its use by the Company on the App;
    3. The use of the content by the Company would not violate any applicable laws or contract by which the user is bound or the rights of any third party.
  6. The user further agrees to indemnify, defend and hold harmless, the Company and its directors, officers, employees and agents from and against any losses, claims, damages, actions, demands, notices, penalties or costs, including reasonable attorney fees suffered by the indemnified parties arising on account of any misrepresentations or breach of representations as set out in this MoU.   

Charges

The Company does not charge the users any amounts for accessing or downloading the App or creating an account on the App. However, certain features including subscriptions and In-App purchases on the App may require users to pay for utilizing such services. Please refer to Subscription Plans and In App Purchases for more details.

The Company further reserves its right to modify its policy from time to time provided that where any subscription plans are opted by the user, the Company will not modify the charges post selection and payment by the User. 

Privacy Policy 

The Company protects user information in accordance with its Privacy Policy posted on the App which provides a description of the manner in which the Company collects, stores and processes the personal information provided by you. The Privacy Policy, as amended from time to time, is incorporated by reference to be a part of these Terms of Use and you accept the same by usage of the App or through provision of any information as requested on the App.

Accuracy of Content

The Company has been very cautious in the preparation of the content of the App including but not limited to description, videos images, etc. However, these may vary from the actual services provided due to various reasons including but not limited to computer monitor settings, typography errors etc. The Company shall not be bound by any errors or omissions in posting information with respect to the Services or with respect to any products or services offered on the App.

In addition, while the Company takes reasonable endeavors to verify and curate third party content available on the App, however, the Company is not responsible for the accuracy, quality, correctness or fitness for a particular purpose of such content. The Company is further not responsible for any intellectual property infringement or violation of third party rights where the content is provided by a third party. The Company shall take reasonable endeavors to cause the removal of any infringing content as and when the same is brought to the notice of the Company.

Intellectual Property

  1. You agree and acknowledge that all intellectual property rights in and to the App including but not limited to content, videos, courses, services, offerings, rewards, programs, subscriptions, technology, source code, object code, know how, methodology, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, database and the selection and arrangements thereof belong exclusively to the Company or their licensors. Except and to the extent of any license specifically granted as per these Terms, you do not have any rights in, or to, the App or its content. 
  2. In the event that you elect to share information with the Company through the App, you agree and acknowledge that (i) all information supplied by you is either original to you, or you have the right to share it with the Company, (ii) the Company may utilize the information you supply, in whole or in part, in any manner in connection with the App subject to the terms as specified in the Privacy Policy (iii) any modifications or improvements made to the App or Company’s products or services as a result of your feedback are owned and controlled solely by the Company, (iv) you have no right, title or interest in or to the App as a result of sharing your feedback. 
  3. All trademarks, service marks, trade names, slogans and logos are proprietary to the Company or used by the Company with the permission of its third party providers. Nothing contained in this App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of the Company. You further acknowledge that you have no right to have access to the App in source code form.

LICENSE 

Subject to these Terms, the Privacy Policy and the App Store Rules and Play Store Rules (as applicable), we grant to you a non-exclusive, non-transferable, non-sub-licensable, personal, limited, revocable license to use the App on the Devices for receiving services provided by the Company. Any other use of the App is strictly prohibited. We reserve all rights in and to the App. 

Except as expressly permitted under these Terms, and unless prohibited by applicable law, you agree: 

  1. not to copy, reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the App, including without limitation for public or commercial purposes, including any text, images, audio and video, except as permitted by the App’s sharing function; 
  2. not to rent, lease, sub-license, loan, distribute, time-share, or translate the App in any way; 
  3. not to access the App or any content in any manner as not specifically permitted hereunder including through the use of any web scraper or other similar technology;
  4. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
  5. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App; 
  6. not to sell, resell, or exploit the App in whole or in part (including object and source code), in any form to any person without prior written consent from the Company; 
  7. not to remove any copyright, trademark or other proprietary rights notices from the App; 

USER CONDUCT

  1. The users while accessing, browsing or otherwise using the App shall not host, display, upload, modify, publish, transmit, update or share any information that:
    1. belongs to another person and to which you do not have any right to;
    2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    3. harms minors in any manner;
    4. infringes any patent, trademark, copyright, design or other proprietary/intellectual property rights of the Company or of any third party;
    5. violates any law for the time being in force;
    6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    7. impersonates another person; 
    8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    9. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. 
  2. By access / using the App and by availing any services on the App, you agree not to:
    1. Undertake transactions with the use of fictitious accounts or for fraudulent transactions or transactions which are fake or to undertake any activity which may result in or is aimed and intended to cause wrongful loss to the Company.
    2. Make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand.
    3. Access, monitor or copy any content or information of this App using any robot, crawler, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
    4. Violate the restrictions in any robot exclusion headers on this App or bypass or restrict or circumvent other measures employed to prevent or limit access to this App; 
    5. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on the Company’s infrastructure;
    6. Deep-link to any portion of the App (including, without limitation, the purchase path for any service) for any purpose without our express written permission;
    7. “frame”, “mirror” or otherwise incorporate any part of this App into any other App without our prior written authorization;
    8. Decompile, reverse engineer, modify or disassemble any of the software aspects of the Service except and only to the extent permitted by applicable law. You are further prohibited from using any network-monitoring or discovery software to determine the App architecture, or extract information about usage or other Members/users.
    9. Store or use any downloaded data in an archival database or other searchable database.
  3. You undertake to provide only such information which is true, accurate, current and complete. 
  4. By using the App or any ancillary services, you automatically consent to abide by any and all of these obligations. A failure to comply with these obligations will render you solely liable and you agree to indemnify the Company for breach of these obligations. 
  5. You further acknowledge and confirm that the Company is not responsible or liable for any conduct of the Users which is in violation of these Terms. If you observe any such conduct, you may report the same to the Company which will take appropriate action against the User violating these Terms. 

Submitted Content

By sharing or submitting any content including any data and information on the App, you agree that you shall be solely responsible for all content you post on the App and Company shall not be responsible for any content you make available on or through the App. With respect to such content you submit or make available on the App, you grant Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such content. You agree that you are fully responsible for the content you submit. 

Disclaimer of Warranty

  1. The Company will endeavor to provide all services or features related information and the users are advised to be informed of all such information before purchasing/using the services or registering on the App. 
  2. The services on the App are provided on “as is” and “as available” basis, without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:
    1. The App will be constantly available, or available at all. The App may be down for maintenance or there may be a network problem, or the App may be experiencing excessive load in which case, the App may not be accessible by users. Specifically, if the users are playing on the App and the App is not accessible due to a technical breakdown, the Company will not be responsible for any loss in play or chips as may be incurred by the user on account of any such errors; or
    2. That the App shall generally meet your requirements;
    3. That the information provided is accurate or up-to-date; 
    4. That any error/flaw in the technology will be corrected;
    5. the results that may be obtained from the use of the services will be accurate or reliable, 
    6. the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, and that any third party making decisions based on information about you received via the Service will be accurate, in your favour or otherwise meet your expectations.
  3. You acknowledge that the certain features of the App may not be available for users located in any particular territory. The Company shall track location of the Device accessing the App and may not provide certain services to persons located in any specific region. 
  4. You further acknowledge that on account of any technical error, loss of connectivity or network issues, certain features on the App may not function properly or at all. You acknowledge that the Company will not be liable for any losses or damages suffered by you on account of such technical errors, interconnectivity or network issues. 
  5. This disclaimer of liability also applies to any damages or injury caused or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. 

Indemnity

You, the user agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third party, including but not limited to the non-fulfillment of any of your obligations under these Terms of Use or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. 

Limitation of Liability

You expressly understand and agree that Company (including its subsidiaries, affiliates, directors, officers, employees, representatives and providers) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, opportunity, goodwill, use, data or other intangible losses, even if Company has been advised of the possibility of such damages, resulting from 

  1. any failure or delay (including without limitation the use of or inability to use any component of the App), or 
  2. any use of the App or content, or 
  3. the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party, or  any damages to or viruses that may infect your computer equipment or other property as the result of your access to the App or your downloading of any content from the App.

If, despite the limitation above, Company is found liable for any proven and actual loss or damage which arises out of or in any way connected with any of the occurrences described above, then you agree that the liability of Company shall be restricted to, in the aggregate, any Service/transactional fees paid by you to the Company in connection with such transaction(s) on the App, if applicable.

Security

You are prohibited from violating or attempting to violate the security of the App. You are prohibited from doing any of the following:

  1. Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  3. Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the App, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing;’
  4. Sending unsolicited email, including promotions and/or advertising of products or services; or
  5. Violations of system or network security, which may result in civil or criminal liability.
  6. Any other action which, at our discretion, constitutes or is likely to constitute a threat to the security of the App.

Governing Law and Jurisdiction

These Terms of Use shall be construed in accordance with the applicable laws of India. In case of any dispute or difference either in interpretation or otherwise, of any terms of these Terms of Use between the parties hereto, the parties shall attempt to resolve the same through discussion. In case the parties fail to arrive at an amiable solution through discussion, the same shall be referred to Arbitration by a Sole  Arbitrator, in accordance with the provisions of the Arbitration & Conciliation Act, 1996, as amended from time to time. The Parties shall mutually appoint the Arbitrator and his decision shall be final and binding on the parties hereto. The seat of arbitration shall be New Delhi, India. 

Modification of Terms and Conditions 

The Company reserves the right to modify these Terms, at any time, without any prior notification to you personally. However, We may update this privacy policy to reflect changes to our information practices. If we decide to change the Terms, we will post those changes to this Terms of Use on the home page, and other places we deem appropriate, along with a change notice where we feel that it is necessary.

Contact Us

In case you require any clarifications or in case of any issues arising pursuant to the terms of use (or related policies), you may contact us by following the instructions as specified in the Contact Us Tab:

Grievance Redressal Officer

For redressal of any grievances relating to the App which have not been resolved by the Company, you may contact the Grievance Redressal Officer, details of whom are provided hereinbelow:

Ritesh Tanu

info@hashtagpoker.com

Updated as on : 15 June 2021