1. WHO ARE WE?
Gamingakhada is the flagship brand of SAG ("Gamingakhada").
2. USAGE OF GAMINGAKHADA
3. INTELLECTUAL PROPERTY
Gamingakhada includes a combination of content created by Gamingakhada, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all software underlying Gamingakhada and the Gamingakhada Platform and material published on Gamingakhada, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by Gamingakhada, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Gamingakhada either in whole or in part without express written license from Gamingakhada.
4. THIRD PARTY SITES, SERVICES AND PRODUCTS
Gamingakhada may contain links to other Internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. Gamingakhada does not exercise control over any Internet sites apart from Gamingakhada and cannot be held responsible for any content residing in any third-party Internet site. Gamingakhada's inclusion of third-party content or links to third-party Internet sites is not an endorsement by Gamingakhada of such third-party Internet site. Users' correspondence, transactions or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party.
6. PAYMENT TERMS
In respect of any transactions entered into on the Gamingakhada platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms: The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee for access to the Gamingakhada Services charged by Gamingakhada and pre-determined participant's contribution towards prize money pool.
All prizes shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961. As of April 1, 2018, the TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- is 31.2% of the total prize money amount. In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by Gamingakhada in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money. Miscellaneous The decision of Gamingakhada with respect to the awarding of prizes shall be final, binding and non-contestable.
To the extent permitted under law, neither Gamingakhada nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
To the extent permitted under law, Gamingakhada shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Gamingakhada services or sites, cancellation of competition and prizes. Gamingakhada disclaims any responsibility for, and if a User pays for access to one of Gamingakhada's Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by Gamingakhada's maintenance on the servers or the technology that underlies our sites, failures of Gamingakhada's 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, Gamingakhada does not provide any warranty as to the content on the Gamingakhada(s). Gamingakhada(s) content is distributed on an "as is, as available" basis.
Any material accessed, downloaded or otherwise obtained through Gamingakhada is done at the User's discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User's computer system or loss of data that results from a User's download of any such material.
Gamingakhada shall make best endeavours to ensure that the Gamingakhada(s) is error-free and secure, however, neither Gamingakhada nor any of its partners, licensors or associates makes any warranty that: the Gamingakhada(s) will meet Users' requirements,
Gamingakhada(s) will be uninterrupted, timely, secure, or error free the results that may be obtained from the use of Gamingakhada(s) will be accurate or reliable; and the quality of any products, Gamingakhada Services, information, or other material that Users purchase or obtain through Gamingakhada.com(s) will meet Users' expectations.
In case Gamingakhada discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User's account, Gamingakhada reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems 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, Gamingakhada agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.