TERMS AND CONDITIONS

These terms and conditions of use (“Terms of Use”) along with other policies available on the Platform forms a legally binding agreement between the users (“You”, “Your”] and Maxamtech Digital ventures Pvt. Ltd. (“Company”, “Our”, “We”, “Us”). These Terms of Use are legally binding on You accessing-

Our website – Qgamesmela.com (“Website”) and Our mobile application (“App”) including any sub-domains of the Website, or related top-level domains including gamesmela.com, mobile sites, apps, APIs, widgets (hereinafter collectively referred as “the Platform”), and/or;

any data, information, text, graphics, video, sound, pictures, and any other materials appearing, sent, uploaded, communicated, transmitted, or otherwise made available via the Platform (jointly referred to as the “Content”) for participating in various contests and games hosted on the Platform (“Services” / “Games”) PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PLAYING ANY MOBILE GAMES OR/AND USING THE PLATFORM. WE RESERVE THE RIGHT TO PERIODICALLY REVIEW, UPDATE, OR OTHERWISE MODIFY ANY PART OF THE PLATFORM POLICIES AT OUR SOLE AND ABSOLUTE DISCRETION, AND ACCORDINGLY, YOU ARE ADVISED TO KEEP YOURSELF UPDATED ON THE LATEST PLATFORM POLICIES. WE WILL PROVIDE YOU WITH NOTICE OF ANY MODIFICATION TO THE TERMS, AND YOUR CONTINUED ACCESS AND USE OF THE SERVICES AFTER SUCH NOTIFICATION SHALL CONSTITUTE CONSENT TO THE MODIFIED PLATFORM POLICIES. GENERAL CONDITIONS

These Terms of Use is an electronic record in terms of the Information Technology Act, 2000, rules there under and any applicable regulations in the Republic of India.

You acknowledge and agree that by using, or otherwise accessing the Company Platform and Company Services, You agree to be bound by these Terms of Use and Our Privacy Policy (also available on the Platform). You acknowledge that We provide use and access to our Platform and Services to You, subject to these Terms of Use. You agree and acknowledge that You have completely read and understood these Terms of Use and the Privacy Policy, incorporated herein by reference, as amended from time to time. You agree, covenant, and undertake to be bound by the specific rules and regulations of each of the Games as applicable.

The rules governing Your participation in the contests and/or Games are available on Our Platform. Further, each Game may be subject to its own Game Rules and Code of Conduct.

If You do not agree with any part of these Terms of Use or/and Privacy Policy, kindly refrain from playing any Games or otherwise using Our Services on the Platform.

Only people of sound mind, who are above 18 years of age and a resident of India are able to access and/or use Our Platform.

By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or blocked from using the Platform; and (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations. You must not be a resident of any Restricted Territories (as hereinafter defined) to participate in any Games on the Platform. We reserve the right to request proof of identity at any stage to verify that minors are not using the Platform and we may exclude a person from accessing or using the Platform if proof of identity is not provided or if Company suspects that a person is under the age of 18 years. Parents and guardians should monitor their children’s / ward’s online activities and consider using parental control tools available from online services that help provide a child an amicable online environment. These tools can also prevent children from disclosing any personal information without parental permission. Employees and directors of the Company are not eligible to participate in any Games on the Platform.

Company may, in accordance with the laws prevailing bar individuals residing in the Indian states of Andhra Pradesh, Arunachal Pradesh, Assam, Meghalaya, Nagaland, Odisha, Telangana, Sikkim, Tamil Nadu and outside India, to participate in the paid versions of the Game(s) as the laws of these states bar persons from participating in games of skill where Users are required to pay to enter. Access to the Platform will therefore be restricted from being accessed by the Users from such states.

You agree and accept that the Company shall not be liable or responsible for the breach of applicable state laws by any User. There may be applicable penalties imposed on such Users by the respective State Governments or the Central Government of India as the case may be.

REGISTRATION AND CREATION OF ACCOUNT

To use the Services and play on the Platform, You must register with Us and consent to the Platform policies. You can register with Us at Qgamesmela.com, gamesmela.com, play.gamesmela.com. You are not authorised to access any of Our Platform, until you have been granted an Account (defined below).

If you wish to become a registered User, you will need to create an account (‘Account’) on our Platform. You are only permitted to open one Account. We reserve the right to terminate or suspend any duplicate accounts.

In order to apply for an Account, Company may require you to register by completing a form and providing certain details (listed below), in accordance with the instructions on the Platform:

Full Name

E-mail address

Password

State of Residence

Gender

Date of Birth

Mobile Number

Bank Account Number

Permanent Account Number Card (PAN Card)

Government issued Identity Documents (for know your customer checks)

You agree to provide true, accurate, current, and complete information at the time of registration and at all other times (as required by Company). You agree to update and keep updated all information provided for the purposes of registration. You undertake and agree that all information provided by you from time to time is true, accurate, current, and complete to your personal knowledge.

You hereby unconditionally and irrevocably, expressly consent to the transfer of your personal data and information (including sensitive data) to Us and to such third parties who We contract with to provide You with the Services.

You represent and warrant to us that, throughout the course of your usage of our Platform, you will not permit other persons to access or use your Account. If you permit other persons to access or use your Account, you do so at your own sole risk as to any consequences. You further agree and accept that you shall not access or use the Platform through the Account of another User.

Users are prohibited from operating multiple accounts. If it comes to the knowledge of Company that a User is operating multiple accounts, in such case, Company reserves the right to restrict, ban, suspend or terminate such User’s Accounts, at its sole and absolute discretion and without any notice. Any cash or credit balances in such User’s Accounts is liable to be consolidated into the Account with the highest cash or credit balances or forfeited at the sole discretion of Company, depending on whether such Accounts are aliases or Accounts associated with actual or potential frauds.

You agree to provide true, accurate, current, and complete information at the time of registration and at all other times (as required by Us). You agree to update and keep updated all information provided for the purposes of registration. You undertake and agree that all information provided by You from time to time is true, accurate, current, and complete to Your personal knowledge.

USER CONDUCT

When access Games are included in the Services, the specific rules, scoring, controls and guidelines for each game can be found within the game itself. The Users agree to and shall comply with such rules, scoring, controls and guidelines etc.

Your use of this Platform is completely at Your own risk. We disclaim all warranties in relation to the Platform. While using the various communication channels provided on Our Platform You must abide by rules stated on Our Website. You may not use the Platform in ways stated in clauses herein below. You will indemnify Us in the event We suffer any losses on account of Your use of Our Platform or Your failure to abide by this Agreement.

You shall not upload, distribute, transmit, publish, share, display, or post content through Our Services or through any service or facility which:

a. belongs to another person and to which You do not have any right;

b. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

c. is harmful to a child;

d. infringes any patent, trademark, copyright or other proprietary rights;

e. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

f. impersonates another person;

g. threatens the unity, integrity, defence, security or sovereignty of India, 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 other nation;

h. contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

i. exploit errors and bugs found while playing the Game/contest(s), or using the Services;

j. 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;

k. is otherwise objectionable or undesirable (whether or not unlawful);

l. is aimed at soliciting donations, chips or other forms of help;

m. disparages Us or any of Our subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or websites, in any manner;

n. promotes a competing service or product; or

o. violates any law for the time being in force.

Indulging in any prohibited activity as stated above, Your account may be immediately suspended or terminated at any time as per Our discretion. Alternatively, You may also report any abusive or malicious behaviour by any other user immediately to Us at support@gamesmela.com.

All games shall be conducted and played fairly. Strict action will be taken against any User(s) caught indulging in any unfair conduct or practice.

In the event any User is found undertaking such activity on the Platform, Company shall be entitled, at its sole and absolute discretion, to suspend or terminate such User’s account. Company reserves the right to permanently block the account of the User involved in such activity. Any amounts deposited by such User on the Platform shall stand forfeited. Company reserves the right to impose monetary penalties on Users found to be undertaking in such practices on the Platform.

You agree that you will not use any bots, programs, viruses or any other form of artificial intelligence to interfere with the functionality of the Website.

You shall not frame the Website. You may not impose editorial comments, commercial material or any information on the Website, alter or modify the Content on the Website, or remove, obliterate or obstruct any proprietary notices or labels.

You shall not post any material or comment, on any media whether or not available for public access, which in Our sole discretion is defamatory or detrimental directly or indirectly 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 unilaterally 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 moderated by Us; when in Our sole opinion, any such material or comments posted by You is defamatory or detrimental to Our business interests.

RESPONSIBLE GAMING

Only skill-based games are available on Our Platform. To understand more about the nature of games offered on Our Platform please refer to our website.

The Company suggests that Users adopt a balanced approach while engaging with any of the Games/(contest(s) on the Platform and safeguard themselves against any adverse effects. You should play responsibly and You should take certain standard health and safety precautions while playing any Game/contest(s). The Company strives to endorse responsible gaming, and improve the prevention and avoidance of excessive gaming. It is expected to be Your responsibility as well to promote responsible gaming practices and minimize the negative effects of excessive gaming.

Games/contest(s) on our Platform may involve an element of risk and may be addictive. Please play responsibly and at your own risk.

PLATFORM FEES AND OTHER CHARGES

Certain parts of the Services may be available to You, only upon payment of a participation amount, including making a payment to participate in the paid versions of contest(s) (“Platform Fees”).

In respect of any transactions entered into on the Platform for playing Games and contest(s), Users agree to be bound by the following payment terms to which Users shall be bound when participating in any game and the User will pay the contribution (Contribution) which will be inclusive of the following:

Pre-designated platform fee (Platform Fee) (for each kind of game hosted by the Company, as described in within the Games) for access to the Platform.; and

Pre-determined Contribution towards the prize money pool of such game/contest as stipulated by the Company, which will be passed on to the winner(s) of the game/contest after the completion of the game/contest as per the terms and conditions thereto.

In respect of any transactions entered into on the Platform, You agree to be bound by the following payment terms:

You may participate in a contest wherein You may have to contribute a pre-specified contribution towards a pool of prize money for that contest. Such prize will be passed on to the winner(s) of the contest after the completion of the contest as per its terms and conditions. The Company only acts as an intermediary engaged in collecting and distributing the prize money in accordance with the contest terms and conditions. The amount paid-in by You towards the pool of prize money is debited from Your bank account which You may link to Your Platform Account.

Each time You participate in any contest on the Platform, the pre-designated amount is debited in the first instance, from Your Platform Account.

In case You have no balance Contribution in Your Platform Account, such that You are unable to play any Game or participate in any match(s) or contest(s), You shall be required to refill Your Platform Account with adequate Contribution. Upon such refill of the Contribution, You shall be able to use the Services on the Platform.

You are not permitted to withdraw any amounts credited into Your Deposit wallet for any reason whatsoever. All amounts credited to Your deposit wallet must be utilized only for playing games within 90 days of credit. If any unutilized amount lies in the account after the completion of 90 days from the date of credit of such amount, We reserve the right to forfeit such unutilized amount, without liability or obligation to pay any compensation to You.

Withdrawal of monies from winning wallet, may, only be allowed subject to the following process - PAN submission, Aadhaar verification the withdrawal bank being that of the same person as per the verified documents. Withdrawal will be subject to processing fees and applicable deductions. Furthermore, any bonuses that may have been given as offers would be forfeited or adjusted at the time of withdrawal.

The terms of play of each Game would be displayed, along with the fixed/ variable winnings amount You may win on participation and successful completion of the Game, on the Platform. Such amounts will be decided by the Company for each Game separately. You would be eligible to withdraw only to the extent of Your winnings and after submission of relevant documentation to the Company.

Any charges levied on You for accessing the Services, including but not limited to internet connection and/or mobile or data charges are solely Your responsibility.

The winners shall bear all transaction charges levied for delivery of cash prizes.

In the event You are erroneously credited excess funds for any reason, You forfeit the excess amount, and such amount shall be debited from Your Platform Account.

RULES REGARDING TRANSACTION AND RELATED VERIFICATION

A transaction, once confirmed, is final and no cancellation is permissible. The Company may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the user after deducting applicable cancellation charges and taxes. At the time of the transaction, You may also be required to take note of certain additional terms and conditions and such additional terms and conditions will 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 under the Terms of Use, the additional terms and conditions will prevail.

You may also be required to verify any credit card / bank account/any unified payments interface (UPI) / digital wallet you use to deposit funds, and also any bank account you want to withdraw to ensure their integrity and verify their compliance with current regulations.

You acknowledge that subject to time taken for bank reconciliations and such other external dependencies that the Company may have on third parties, transactions on the Platform may take up to 24 hours to be processed. Any amount paid or transferred into Your account may take up to 24 hours to reflect in Your account balance. Similarly, the utilization of the points or amounts debited from Your may take up to 24 hours to reflect in Your balance. You agree not to raise any complaint or claim against the Company in respect of any delay, including any lost opportunity to join any contest or match due to delay in crediting of transaction amount into Your account.

You are responsible for completing your ‘know your customer’ checks with your respective banks, financial institutions, card associations and other payment system providers as defined under the Payment and Settlement Systems Act, 2007 (Payment System Providers), with whom Company has entered into an arrangement to facilitate payment transactions (i.e. to send or receive funds via the Platform) using the services of such Payment System Providers. Company conducts such checks as a measure to reduce financial crime in its multiple forms, such as online fraud, money laundering, or the financing of terrorism.

Where Company conducts any customer identity checks, this neither implies that Company is statutorily required to conduct such checks nor liable for any inaccuracy in customer verification that cannot be directly attributable to Company’s gross negligence.

TAXATION

In light of Rule 31B of the Central Goods and Services Tax Rules, 2017 effective from October 01, 2024, the Company shall levy applicable GST on the amount deposited by the User from the aforementioned effective date.

The Company shall issue an invoice for such deposit to the User. The GST Invoice shall provide bifurcation of the amount deposited, i.e., the taxable value, and GST applicable on the said amount only on the request of the user via customer support email id support@gamesmela.com.

Dissemination of TDS certificates: The User (subject to the availability of valid PAN with the Company) shall be provided with the TDS certificate (Form 16A) in accordance with the applicable provisions.

Company reserves its rights to modify/ change/ amend the TDS conditions in case of change in TDS provisions under Applicable law and apply TDS provisions applicable at the relevant time.

The User shall be responsible for bearing any other taxes as per applicable laws as amended from time to time (in addition to what is specified above). We reserve the right to recover taxes that become due and payable to the respective authority owing to any operation of law, demand by relevant authority or any judicial pronouncement or otherwise. We reserve the right to deduct the said amount from the User’s account balance and deposit the tax with the government treasury.

You represent and warrant to Us that You are not in the business or profession of gaming or playing games, and that any benefit/ perquisite received by You in form of discount, bonus money, cashback etc from Us is not arising from any business or exercising of a profession by You, for the purposes of section 194R of the (Indian) Income-tax Act, 1961.

RULES REGARDING PRIZES OFFERED ON THE PLATFORM

The decision of the Company with respect to the awarding of prizes shall be final, binding and non-contestable.

All prizes are non-transferable.

To the extent permitted by law, Company makes no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same.

The Company may, at their sole and absolute discretion, vary or modify the prizes being offered to winners, and Company has no control over the same. Users shall not raise any claim against Company or question it’s right to modify such prizes being offered, prior and after the closure of the Games.

The usage of any points issued will be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such points must be used, as applied by Us and as may be notified to You at the time of issue of such amount. The issue of any points to the user is subject to Our sole discretion and cannot be demanded by any user as a matter of right. In case You and/or the Company terminates his/her account, all points granted to You will return to the Company and You will not have any right or interest on such points.

INTELLECTUAL PROPERTY RIGHTS

The Platform includes a combination of Content created by Company, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights (Intellectual Property Rights) in all software underlying Company and the Platform and material published on the Platform, including (but not limited to) Games, games software, advertisements, written Content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and flash animation, is owned by Company, its affiliates, 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 Company either in whole or in part without express written consent from Company. Nothing in these Terms shall be construed to convey and the Users by virtue of these Terms shall not acquire any ownership or other interest or right in any intellectual property any of the materials or content on the Platform.

Subject to Your compliance with these Terms of Use, We give You a personal, royalty-free, non-assignable, non-sublicensable, non-transferable, non-exclusive, and revocable limited right to access and use the Platform that is provided as part of the Services. This right is for the sole purpose of enabling the own personal private use to play Games of skill as hosted on the Platform, in the manner prescribed under these Terms of Use and not for any commercial purposes, in India and only until You are bound by these Terms of Use.

Users agree to indemnify and hold harmless Company, its directors, officers, employees, affiliates and assigns from and against all costs, damages, loss and/ or 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 Company, by such User or through the User’s commissions or omissions. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you in which event you will assist and cooperate with Company in asserting any available defences.

DISCLAIMER OF WARRANTIES

The content made available through the Services is provided on an “AS IS” basis. We do not make any representations, warranties, or guarantees, in relation to the quality, suitability, truth, accuracy or completeness of any content made available on the Platform. You acknowledge the sole responsibility for and assume all risk arising from their use or reliance of any Service on the Platform.

This limitation of liability shall apply even if the Company, its subsidiaries, associates, management, directors, officers, affiliates, contractors, agents and/or employees have been advised of the possibility of the damages referred in this notice.

INDEMNIFICATION AND LIMITATION ON LIABILITY

You understand and acknowledge that once a game has commenced, not being able to play due to slow internet connections, faulty hardware, technical failure due to customer’s hardware, internet connection failure, low computer configuration or for any other reason not attributable to Us does not require us to issue a refund of the participation amount you may have paid for participation.

In case of any technical failures, server crashes, breakdowns, software defects, disruption or malfunction of service at Our end, as a policy, we will cancel the Game(s) and refund the participation amounts after proper verification and no service fee will be charged for such Games and You accept that We are not responsible to You in all such cases. For any Game, we have the right to cancel and refund the participation amount. In no case, other than a server crash, are we accountable for any of the User’s disconnections from the server. We are also not liable for any prospective Winnings from any incomplete game.

No liability will be attributed to the Company for any disconnection, lag, freeze or interference in network on the User’s computer or any other external networks.

You agree to indemnify, contribute to and hold harmless the Company, its subsidiaries, associates, management, directors, officers, affiliates, contractors, agents, and/or employees, against any liability, be it civil, criminal or quasi-criminal, resulting from any violation of any law by You in their use of the Website/Platform/Service. You shall be responsible to the full extent of any liability, payment or other agreement made with the Company, its subsidiaries, affiliates, contractors, agents and/or employees, in settlement and/or satisfaction of any claim or potential claim, whether such payment or agreement is made or concluded prior to or following the institution of formal proceedings.

We can take appropriate action against your violation of the Terms of Use including the restrictions stated herein including, without limitation, removal of all offending submission and user content and all other legal action permissible in law at Your own cost and consequence.

The Company, its subsidiaries, associates, management, officers, Directors, affiliates, contractors, agents and/or employees shall in no way be responsible or liable for any damages whether they be direct, indirect, consequential, incidental, special, punitive, exemplary or general damages, contribution or indemnity, of any kind whatsoever, howsoever caused, (including, but not limited to, breach of contract, loss of profit, business interruption, loss of business data or information, negligence or other tortious behaviour, deletion, error, defect, omission, or destruction of the content of the Website, unauthorized access to, or alteration of, the content of the Website by third parties, or employees, or agents of the Company, transmission of material, or any other cause of action arising out of the use or non-availability of this Website, or reliance on the content contained herein, resulting from any decision taken on the basis of information provided through the Website, resulting from the content of other websites to which any user links through this Website.

MISCELLANEOUS

The Services may change or be modified from time to time without prior notice or communication. Company reserves the right to change, modify or delete the Platform or Services, information, and Terms listed thereon at any time without prior notice.

The Company may, at their sole and absolute discretion, introduce offers with respect to the Game(s) and/or match(s)/contest(s) being offered to the Users on the Platform, and the Company may even, at their sole and absolute discretion vary, modify or terminate such offers without prior intimation to the Users. Users shall not raise any claim against Company or question it’s right to introduce, vary, modify, terminate the offers being offered, prior and after the closure of the Games.

By using the Platform, including any sub-domains of the Platform, or related top-level domains including mobile sites, apps, APIs and widgets and/or registering yourself with us, You authorize us or our representatives to contact you via email or phone call or SMS including third party messaging apps to offer you our services including but not limited to impart product knowledge, offer/explain any promotional offers running on the Platform and offers offered by third parties, for which reasons, personally identifiable information may be collected. Irrespective of the fact that you have registered yourself under DND or DNC or NCPR service, you still authorize us or our representatives to contact you by any means aforementioned for the above-mentioned purposes or any other related purpose till the time you are registered with us or even after cessation of registration.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by Company on the Services are subject to change.

Company may capture and obtain visual and/or audio recordings or performances, still images of the User, and text provided by the User for the testimonial being provided towards the Platform (the results of which are the Recordings). The Recordings provided by the User are voluntary and Company is the sole and exclusive owner of all rights in and to the Recordings, and all elements thereof (including, without limitation, the copyright thereto). Without prejudice to the above, the User grants to Company a perpetual royalty-free license, to publicly use, distribute, reproduce, create derivative works from, and perform/display the User’s name, voice, likeness, appearance, biographical information, and other indicia of its identity as included in the Recordings and any excerpts or version thereof for their marketing, in any language, and without any geographical limitation. Company may incorporate the recordings and any separate content (e.g., quotes, photos, videos, artwork, materials, etc.) to market their Platform and Services. The User also hereby waives any right to inspect or approve the finished matter based on the Recording that may be used now or in the future, whether that use is known to the User or unknown.

Company is not obligated to use the Recordings if it so wishes. The User will not attempt to enjoin or otherwise impair Company’s use of the Recordings that is in accordance with these Terms of Use.

In the event where one or more of the terms hereunder are determined to be invalid or unlawful for any reason, by a competent judicial or quasi-judicial authority in India, the validity or enforceability of the remaining terms will not be affected and the same will be valid and binding on You and all other users.

GOVERNING LAW

The Terms of Use shall be governed by and construed in accordance with the laws of the Republic of India. The courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with the Platform provided by the Company (including the games, construction, validity, interpretation and enforceability of these Terms of Use, or Your rights and obligations as a user of the Platform and/or Services).

GRIEVANCE REDRESSAL

In case You have any grievances with respect to the Platform or the Services, You can send an email to the Grievance Officer at support@gamesmela.com.