This end user licence agreement ("Agreement") is made between ROKASH TECH PRIVATE LIMITED, a company incorporated in No 4C - 432 HRBR, L/O 2ND BLOCK, Bangalore, Bangalore, Karnataka, India, 560043 ("us" or "ROKASH TECH PRIVATE LIMITED") and you (the "User" or "you") and should be read by you in its entirety prior to your use of ROKASH TECH PRIVATE LIMITED services or products.
By entering into this Agreement, you acknowledge that the trademark Pokergame is owned by licensed to ROKASH TECH PRIVATE LIMITED in India. As such, where used and the context allows, the term "Rights Holders" means us, ROKASH TECH PRIVATE LIMITED and its group companies.
Please note that this Agreement constitutes a legally binding agreement between you and ROKASH TECH PRIVATE LIMITED.
1. THE PLATFORM AND THE SOFTWARE
ROKASH TECH PRIVATE LIMITED is the licensee in India of the Brand and poker platform containing various skill game based services ("Platform") at www.moizacvp.com (the "Site") and it hereby offers the Platform to you on the terms and conditions governing your use of the Platform set out below. For the purposes of this Agreement, the definition of "Software" means any and all software that we provide or make available to you, regardless of the medium, and whether it is downloadable by you to your end-user device or not. Therefore "Software" will include the software which has been licensed to ROKASH TECH PRIVATE LIMITED and which is hereby sub-licensed to you and which is downloadable to your personal desktop or laptop computer ("PC") from the Site and the web-based software accessible from the Site as well as the mobile software application downloadable or made available to you on your end-user device (including, without limitation, a cellular phone, PDA, tablet, or any other type of portable or mobile device now existing or hereafter devised) (each, a "Device") as well as all ancillary software to the software (whether web-based software or client/server software).
2. GRANT OF LICENSE/INTELLECTUAL PROPERTY
2.1 Subject to the terms and conditions contained herein, ROKASH TECH PRIVATE LIMITED grants to the User a non-exclusive, personal, revocable, non-transferable right to install and use the Software on your PC or Device solely for the purpose of accessing the ROKASH TECH PRIVATE LIMITED or its service providers' servers (as applicable) and playing the games available on the Platform (the "Games") (the Software and Games together being the "Service").
2.2 The Software is sub-licensed to you by ROKASH TECH PRIVATE LIMITED for your private personal use. Please note that the Service is not intended for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals connecting to the Site from jurisdictions from which it is illegal to do so. We may at the time of registration and/or at any time request from you evidence of your age and we may suspend or cancel your User Account and exclude you, temporarily or permanently, from using the Service if satisfactory proof of age is not provided or if we suspect that you are underage or if we determine in our sole discretion that the document evidencing the age proof is a forged or false document or if we are notified that you are accessing the Service from a jurisdiction where access to the Service is unlawful. ROKASH TECH PRIVATE LIMITED is not able to verify the legality of the Service in each jurisdiction and it is the Users' responsibility to ensure that their use of the Service is lawful.
2.3 The Rights Holders and their service providers (as applicable) are the sole holders of all rights in the Brand, the Software and the Software's code, structure and organisation, intellectual property including but not limited to copyright, trademarks, trade secrets and other rights.
2.4 You shall not, within the limits prescribed by applicable laws:
copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;
sell, assign, sub sub-license, transfer, distribute or lease the Software;
make the Service available to any third party through a computer network or otherwise;
export the Software to any country (whether by physical or electronic means);
use the Software or Service in a manner prohibited by applicable laws or regulations; or
use the Service for commercial use or for any other purpose other than personal use.
(each of the above is an "Unauthorised Use").
2.5 ROKASH TECH PRIVATE LIMITED, and the other Rights Holders reserve any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Software.
2.6 You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorised Use. You shall notify ROKASH TECH PRIVATE LIMITED immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide ROKASH TECH PRIVATE LIMITED with reasonable assistance with any investigations it conducts or steps it takes in light of the information provided by you in this respect.
2.7 The Brand, the Site and any other trademarks, service marks, signs, trade names and/or domain names used by ROKASH TECH PRIVATE LIMITED on the Site and/or the Service from time to time (the "Trade Marks"), are the trademarks, service marks, signs, trade names and/or domain names of the Rights Holders (as applicable), and the Rights Holders reserve all rights to such Trade Marks. In addition, all the content on the Site, including, but not limited to, the Software, the Platform, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to the Rights Holders (as applicable) and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content and/or the Trade Marks, or any part thereof. Except to the extent permissible under this Agreement, under no circumstances you shall use the Site Content and/or the Trade Marks without the Right Holder's (as applicable) prior written consent.
2.8 You agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by any of the Right Holders in the Software, the Platform, the Trade Marks or the Site Content nor will you do anything that damages or potentially may damage the image or reputation of the Rights Holders, their group companies, employees, directors, officers, advisors and consultants.
2.9 You warrant that any names or images used by you in connection with the Site or Service (for example, your user name and avatar) shall not infringe the intellectual property, privacy or other rights of any third party. You hereby grant to the Rights Holders (as applicable) a worldwide, irrevocable, transferable, royalty free, sub-licensable licence to use such names and images for any purpose connected with the Site or Service or otherwise, subject to the terms of our Privacy Policy.
3. NO WARRANTIES
3.1 The Rights Holders disclaim any and all warranties (present or future), expressed or implied, in connection with the Service which is provided to you "AS IS" and they give you no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
3.2 Regardless of the Rights Holders' efforts to provide you with service of the highest quality, safety and security, the Rights Holders make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the Software and the Site shall be free from viruses, bugs or other contaminants.
3.3 The Rights Holders reserve the right to suspend, discontinue, modify, remove or add to the Service in their absolute discretion with immediate effect and without an obligation to provide you with notice where they consider necessary to do so, or where they deem it necessary for the management, maintenance or update of the Software and the Rights Holders shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by them in this regard.
4. AUTHORITY
ROKASH TECH PRIVATE LIMITED retains authority over the issuing, maintenance, and closing of User Accounts on the Site. The decision of ROKASH TECH PRIVATE LIMITED's management, as regards any aspect of a User Account, use of the Service, or dispute resolution, is final and shall not be open to review or appeal, under any circumstances.
5. YOUR REPRESENTATIONS AND WARRANTIES
Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:
5.1 there is a risk of losing money when using the Service and that neither ROKASH TECH PRIVATE LIMITED nor its service providers shall have any responsibility to you for any such loss;
5.2 your use of the Service is at your sole option, discretion and risk;
5.3 in compliance with our regulatory requirements and in order for you to access and use the Software and/or the Service you will need to provide ROKASH TECH PRIVATE LIMITED and/or its service providers with certain Personal Information (as defined in our Privacy Policy) about yourself (including details regarding your methods of payment) as well as consenting us (or third parties acting on our behalf) to have access to or make use of your location data and/or such other data or information that may be derived from your Device or PC, to enable the Software/Service to be made available to you. You hereby consent to ROKASH TECH PRIVATE LIMITED and/or its service providers (or third parties acting on their behalf) to access and use such data for the purposes outlined above and for any other purposes, subject to applicable law. You are not permitted to use the Software and/or Service if you do not wish to be bound by this provision. ROKASH TECH PRIVATE LIMITED and/or its service providers will process your Personal Information in compliance with the data protection laws and regulations of India, all in accordance with and as set out in our Privacy Policy and may also transfer your data overseas to facilitate and improve the provision of the Service;
5.4 any applicable taxes which may be payable on cash or prizes awarded to you through your use of the Service shall be deducted by the Rights Holders as required by applicable laws. The User is solely responsible for performing any additional tax compliances under applicable law such as reporting of income in income tax returns etc. The User hereby agrees to indemnify the Right Holders for all liabilities in this respect, without any limitations;
5.5 the telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of Rights Holders and no Rights Holders (as applicable) shall have any liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same;
5.6 you are aged 18 or over and that you are not currently self-excluded from any online or mobile gaming site and that you will inform us immediately if you enter into a self-exclusion agreement with any gaming provider;
5.7 you are not barred by any laws and have no imposition of any sanctions or held to be in violation of any statutes to use and utilise the Software, the Site or the Platform and have no criminal record or criminal proceedings against you. You further agree that all funds that you utilise are not fraudulent and at no time will lead to any issues under any corruption laws; and
5.8 the account will at all times be used by you and you will not share any account details (including your login ID and password) with any third parties and/or any other Users.
6. BREACH
6.1 Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, ROKASH TECH PRIVATE LIMITED and/or the Rights Holders (as applicable) reserve the right to take such action as they deem fit, including terminating this Agreement or any other agreement in place with the User, immediately blocking the User's access to the Service or to any other service offered by ROKASH TECH PRIVATE LIMITED, terminating such User Account on the Site or on any other sites operated by ROKASH TECH PRIVATE LIMITED, and/or taking legal action against such User.
6.2 You agree to fully indemnify, defend and hold harmless the Rights Holders and their shareholders, directors, officers, employees, advisors and consultants from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
1.your breach of this Agreement, in whole or in part;
2.violation by you of any law or any third party rights; or
3.use by you of the Service or use by any other person accessing the Service using your Login Credentials (as defined below), whether or not with your authorization.
7. SECURITY AND YOUR ACCOUNT
7.1 Each User account ("User Account") shall be accessible through the use of a combination of a unique player ID ("Username"), a unique and secret password ("Password"), and other optional numeric authentication methods that the User may select (the Username, Password and any other authentication features together being referred to as the "Login Credentials"). The User is obligated to choose his/her own Username and Password in accordance with the rules relating thereto. Any and all references on the Site to 'Stars Account' means your User Account with ROKASH TECH PRIVATE LIMITED.
7.2 The User agrees that he/she is solely responsible for all use of the Service under his/her Login Credentials and that he/she shall not disclose the Login Credentials to any person whatsoever nor permit another person to use the Service via his/her User Account.
7.3 The User is obliged to keep his/her Login Credentials secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefrom shall be that of the User.
7.4 A User shall only have one User Account with the ROKASH TECH PRIVATE LIMITED and shall only use the Service using such single account. It is prohibited for a User to open multiple accounts with ROKASH TECH PRIVATE LIMITED. In the event that ROKASH TECH PRIVATE LIMITED becomes aware of additional accounts opened by a User, ROKASH TECH PRIVATE LIMITED may close any or all accounts without notice and may confiscate funds held in such accounts.
7.5 Please note that monies held in your User Account do not accrue interest.
7.6 You will not be able to place any stakes using the Service in an amount greater than the total amount of money in your User Account.
7.7 You are fully responsible for paying all monies owed to ROKASH TECH PRIVATE LIMITED. You agree not to make any chargebacks, and/or deny or reverse any payment made by you in respect of the Service. You will reimburse ROKASH TECH PRIVATE LIMITED for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.
7.8 ROKASH TECH PRIVATE LIMITED reserves the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Service.
7.9 You acknowledge and agree that if your User Account is "active" (i.e. you have logged into your User Account at any time during the prior 12 months consecutive period) monies deposited by you in your User Account are held in a closed-loop wallet on your behalf and are considered to be "End User's Deposits" and represent a pre-payment for a service to be availed by the User in the future from ROKASH TECH PRIVATE LIMITED. In the event that your User Account is "inactive" (i.e. you have not logged into your User Account for a consecutive 12 months' period), monies deposited by you in your User Account will cease to be "End User's Deposits" and will be forfeited. In addition, any deposits made must either be withdrawn or be utilized within a period of 12 months from the time of such deposit. In the event any balances remain unused for more than a 12 month period, then ROKASH TECH PRIVATE LIMITED reserves the right to forfeit such balances.
7.10 If VAT, GST or any other similar tax, hereinafter described as "Sales Tax", applies to any payments made by you in connection with your use of the Service, such payments shall be treated as inclusive of all Sales Tax (if any).
8. LIMITATION OF LIABILITY
Under no circumstances, including negligence, shall ROKASH TECH PRIVATE LIMITED or its service providers or any other member(s) of the group be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if ROKASH TECH PRIVATE LIMITED and/or its service providers had prior knowledge of the possibility of such damages.
9. AMENDMENT
ROKASH TECH PRIVATE LIMITED reserves the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the Site, unless communicated and instructed otherwise. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Copies of previous versions of the Agreement can be obtained by writing to Support. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement. If you disagree with any changes made to this Agreement, you shall cease using the Services and withdraw all of your funds and winnings.
10. TRANSFER OF RIGHTS
10.1 ROKASH TECH PRIVATE LIMITED and/or Rights Holders, as applicable, may wish to transfer/assign their rights or obligations under this Agreement to any of their group companies or any other legal entity (including but not limited to instances where any of the Rights Holders restructures their business or if there is a sale of their business). You agree that the Rights Holders may do so provided that in the case of a transfer/assignment, after the applicable Rights Holder/s notifies you of the date on which they transfer/assign their rights and obligations under this Agreement, your rights in connection with this Agreement will be against the new legal entity. This Agreement is personal to you and you shall not transfer your rights or obligations under this Agreement to anyone else.
10.2 Without prejudice to the foregoing, the Rights Holders may transfer your Personal Information to any of their respective group companies or any other legal entity if it restructures its business, or if there is a sale of all or any part of their business or their assets or otherwise. In the event of any of these transfers occurring, the party who acquires your Personal Information will assume the rights and obligations described in our Privacy Policy.
11. ACCEPTING THE TERMS OF USE
You hereby accept the fact that you have read, understood and are willing to abide by the terms and conditions laid down in this Agreement. You further agree that the terms and conditions set out under this Agreement are fair, reasonable and just given the matters set out under this Agreement and you waive any and all rights to have any claims against the Rights Holders on grounds set out above.
12. MISCELLANEOUS
12.1 No waiver by The Rights Holders of any breach of any provision of this Agreement (including the failure of The Rights Holders Holders to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
12.2 Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement other than with respect to any Rights Holders' group companies and third party providers.
12.3 Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.
12.4 This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.
12.5 The User must provide full and truthful information in respect of all details and information requested by us in connection with the User's use of the Service subject at all time to the terms of the Privacy Policy.
12.6 The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.