We, at Nextgen Games Technology Private Limited (PlayerAdda, we, our, us), provide an online platform, which hosts skill-based games to be played casually, or for real money, content, and related solutions (Services), via our mobile application, titled “PlayerAdda” (Platform, this shall be included in the definition of “Services”) to end users (Users, you, your). These Terms of Use (Terms)are legally binding and must be read in conjunction with the Privacy Policy (https://www.PlayerAdda.live/privacy-policy), both of which shall form a legally binding agreement.
By accessing, downloading or using these Services, you agree to be bound by these Terms.
You are requested to carefully read these Terms from time to time before using the Platform or participating in a contest. You should check these Terms periodically for changes. Users acknowledge and accept that they may be subject to receiving periodic communications, in relation to their obligation to comply with the terms. Your continued use of the Platform and the Services shall be deemed to be effective and valid consent.
1. You hereby represent that you have attained the age of majority to access the Services and the Platform. You will not in any manner use our Services or Platform, if you are not of at least 18 years of age.
2. The games on the Platform, which can be played for real money, are open only to Indian residents except the residents of states of Assam, Nagaland, Sikkim, Meghalaya, Andhra Pradesh, and Telangana (hereinafter “Prohibited States” which for the purpose of these terms will mean states which have prohibited playing games of skill for real money, either by way of legislation, or as per judicial precedents). This list of Prohibited States may change from time to time; you are advised to peruse the terms from time to time to apprise yourselves of the updated list. PlayerAddadoes not offer poker for stakes within the territory of Gujarat. Users are permitted to access the free to play versions of all games, if they are so made available on PlayerAdda, regardless of their state of residence.
3. If you are residing and/or accessing the Platform from any region/state/country where a contest for stakes is prohibited or restricted by law or other reasons, then you are prohibited from registering and participating in the said contest. You must comply with the laws that apply to you.
4. In case you participate in the contest by misrepresentation, we in our sole discretion may disqualify you at any stage of the process, withhold any prize that you may have won and take legal action against you. If you are found or suspected to be defrauding the systems of the Platform in any manner then you will be debarred from participating in contest(s) and we may take legal action against you.
5. To ensure compliance with the above conditions, before accessing the online games offered by us, you remain liable to inform us about the State in which you are located. Such information can be passed on to us by updating the “State” information on the Platform/application
6. No person, whether PlayerAdda’s employee or not, involved in the development, maintenance, or operation of the Services, may participate in any contest on the Platform, if their participation may alter or unfairly influence their performance in such contest, except without PlayerAdda’s written permission, and subject to such terms as PlayerAddamay impose.
7. PlayerAddareserves the right to withdraw or discontinue or terminate a contest at any stage without prior notice and without any liability whatsoever to you.
8. In any contest on the Platform, which is being played for money, in case of a draw/tie, the final decision would be that of PlayerAdda, and you will not be entitled to any refunds in such a situation.
9. PlayerAdda gives its users a personal, royalty-free, non-assignable, non-exclusive, and revocable limited access to use its Platform and avail its Services. Such access is for the sole purpose of enabling the personal and private usage of the Services by Users, as provided by PlayerAdda, in accordance with these Terms. PlayerAdda may, at its own discretion, cease totally or partially, and/or permanently or temporarily restrict the access to the Platform without prior notice or communication to the Users.
10. Each game available on the Platform will be governed by the specific set of rules which are featured against each game, and we urge you to peruse the same before accessing them.
11. Any charges incurred by the Users for accessing the Services, including but not limited to internet connection and/or mobile or data charges, remain the full responsibility of the Users.
12. 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. The Users acknowledge the sole responsibility for and assume all risk arising from their use or reliance of any content.
13. You agree not to: circumvent, remove, degrade, deactivate, or thwart any of the contents of our Services; use any robot, spider, scraper, or other means to access our Service. You also agree not to decompile, reverse engineer, and disassemble any software or other products or processes accessible through our Service. You agree to not threaten, coerce, defame, harass, bully, offend, or engage in offensive communication with us, our employees, or our service partners. Additionally, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of our Service. If you engage in any conduct that violates these Terms, or otherwise engage in any illegal or fraudulent use of our Services, we may restrict or terminate your use of the Services, and block, restrict, or forfeit any amounts, prizes, or privileges that you may have received on the Platform, or that have otherwise been given to you. We may also seek refunds and take legal action against you.
14. You must register with our Platform to be able to avail our Services and may be required to provide such necessary details and identification proof/s for us to create a valid and accurate profile for your use. As you may also avail the Services to play for real money, any withdrawals made by you will be subject to any KYC considerations that are mandated in law.
15. You may be able to use a social media log-in to register with us. In such circumstances, you will be bound by any terms of use and privacy policy of such third-party companies, and PlayerAdda does not have any control over their operations. We urge you to familiarize with their policies before you proceed with such registration and linkages.
16. A User may be able to register or operate up to two User accounts with PlayerAdda. If PlayerAdda is made aware that a User has registered more than two User accounts with PlayerAdda, or is using multiple mobile numbers to play on the Platform, it may restrict your use of the Services, and block, restrict, or forfeit any amounts, prizes, or privileges that you may have received on the Platform, or that have otherwise been given to you.
17. Users are responsible for safeguarding their access to the Services and follow the general internet etiquettes that must be adhered to. PlayerAdda will not be responsible for any loss that Users may suffer because of any unauthorized access granted to their accounts and/or use of the Services, and PlayerAdda accepts no responsibility for any losses or harm resulting from such unauthorized use, whether fraudulently or otherwise.
18. In the event any user breaches, or PlayerAdda reasonably believes that such User has breached these Terms, or has illegally or improperly used Services, PlayerAdda may, at its sole and absolute discretion, and without any notice to the user, restrict, suspend or terminate such user's account and their access to all or any part of Services, and take such legal action as may be necessary.
19. Users agree to exit/log-out of their accounts at the end of each session. PlayerAdda will not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
20. Without limiting the foregoing, Users agree not to use the Services for any of the following.
i. To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication and to exercise due caution and discretion in the use of PlayerAdda;
ii. To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
iii. To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
iv. To advertise, offer or sell any goods or services for any commercial purpose on PlayerAddawithout the express written consent of PlayerAdda;
v. To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
vi. To impersonate any person or entity, including, but not limited to, a representative of PlayerAdda, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
vii. To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through PlayerAddaor to manipulate User's presence on PlayerAdda(s);
viii. To publish information that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement violence or disturb the maintenance of public order or the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
ix. To publish information that is an invasion of another’s privacy, their bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
x. To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to the purpose of that particular Forum.
21. In the event where the username is not appropriate, PlayerAddareserves the right to disallow use of such name.
22. Users must please review and familiarize themselves with PlayerAdda’s Responsible Gaming Policy, available at www.PlayerAdda.live/responsible-gaming-policy, and undertake to access the Platform and our Services in compliance with this Policy.
23. If you wish to delete your account, you may do so through the profile menu on the PlayerAdda’s Platform, or as per our privacy policy, available at www.PlayerAdda.live/privacy-policy. Once your account deletion request is authenticated, we may initially deactivate your account for 90 days or may immediately close your account.
24. The games hosted on the Platform, and made available to you, are all games of skill. While each game may feature a different level of skill element, and the threshold may vary, PlayerAdda may employ a normalisation metric to pool players across games for hosting a contest. PlayerAdda may also record and publish user’s performance(s) from time to time for the purposes of research, offering games for free-to-play, promoting responsible-gaming, facilitation of game plays, skill-determination for game of skill, computation of skill level of users, etc. Each Contest will be governed by the skill set you demonstrate to play and achieve the outcome. Games of skills under the laws of the country, are allowed to be played for real money, barring certain prohibitions, restricted across certain states, where we disallow you from accessing our Services, either in part or in full.
25. Users acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Services, are owned by or licensed to PlayerAdda.
26. By submitting any content on or through the Services, you grant PlayerAdda worldwide, non-exclusive, royalty-free license with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute and make derivative works of such content in any and all media or distribution methods now known or later developed.
27. Without limiting PlayerAdda’s rights in and to the Services, you expressly authorize PlayerAdda to use your name, username, likeness, image, sobriquet, caricature, alias, moniker, profile image, details of your winnings and any other such materials derived from the Services throughout the world and for perpetuity, as PlayerAdda may require for the purposes of providing its Services, for featuring on the Service, and/or any promotional and marketing activity undertaken by PlayerAdda on the Service, social media platforms, websites owned and operated by PlayerAdda and/or its affiliates, or any other mode or media, as PlayerAdda may deem appropriate.
28. In compliance with amendments made to the Central Goods and Services Tax Act, 2017, Integrated Goods and Services Tax Act, 2017, respective State Goods and Services Tax Acts, 2017 and other laws, rules, or notifications governing indirect taxes effective from October 1, 2023 (hereinafter collectively referred to as “GST Laws”), deposits made by Users will be subject to levy of GST at the rate prescribed under GST Laws from the aforementioned effective date. Users understand and agree that the amount they deposit will be “inclusive of GST” and will be adjusted for any discount received by the User in their Unplayed wallet, if applicable. To illustrate, GST will be calculated as “total amount collected X (Tax Rate in % of IGST, or as the case may be, CGST, SGST, or UTGST/100+ sum of tax rates, as applicable, in %)”. The GST amount will not be refundable to the customer for the withdrawal in any form. Users also acknowledge and agree that the address details they provide, if any, will be treated as their address on record for the purpose of GST Laws. Users may view their address details through their Platform profile. If there is any change in their address details, Users must promptly update their Platform profile, to ensure that their correct and updated address remains recorded by PlayerAdda.
29. Further, any other taxes/levies/duty etc., as applicable, will be paid by the user of the Services.
30. PlayerAdda deducts tax at source, i.e., TDS, on the net winnings of a user per its responsibility under applicable law, including as per Section 194BA of the Income Tax Act, 1961. The rate of such TDS will be as prescribed under the Finance Act of the respective financial year.
31. PlayerAddade deducts TDS on net winnings as per applicable law. whether such net winnings are in cash or in kind or partly in cash or partly in kind, of a User. The value of TDS deducted will be irrespective of the mode of payment.
32. A User must provide his valid PAN so that PlayerAdda can file TDS deducted accordingly. The same PAN details will be used by PlayerAdda for filling the quarterly TDS return under Section 200(3) of the Income Tax Act, 1961.
33. In the event that the PAN is not furnished by the User, PlayerAdda will be liable to deduct TDS at the rate of 30%, or at such prevailing rates that may otherwise be prescribed under applicable law. Furthermore, the User may not be allowed to credit/ withdraw any amounts to their account, unless such User has submitted their PAN with PlayerAdda.
34. If a User provides erroneous, incorrect PAN details, the User will be deemed to have not provided their PAN at all.
35. Any prize distributed in kind to the user will also be treated as an instance of withdrawal for the purposes of applicability and calculation of TDS.
36. TDS has to be paid within 24 hours. Kindly provide PlayerAddaa time period of 15 working days to deliver your prize.
37. To claim your winning product, if TDS is applicable (as per Section 194BA read with Section 115BBJ of the Income Tax Act, 1961) on your winning, winner gets 24 hours' time to pay TDS from the time of winning to claim their prize. If a user fails to pay TDS within 24 hours his/her winning will be considered as expired.
38. PlayerAdda’s TDS policy is based on Applicable Law. PlayerAdda reserves its rights to modify/ change/ amend the TDS policy in case of change in TDS provisions under Applicable law and apply TDS provisions applicable at the relevant time.
39. To the maximum extent permitted in law, the access to and use of the Services or any content are at the users’ own risk. Users understand and agree that the Services are provided on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, PlayerAdda disclaims all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose or non-infringement. PlayerAdda makes no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content; (ii) any harm to Users’ computer system or mobile device operating system, loss of data, or other harm that results from access to or use of the Services or any content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet Users requirements or be available on an uninterrupted, secure, or error-free basis; and, (v) whether jointly or severally, for any errors or omissions, on behalf of itself or third parties in relation to the prizes., will create any warranty not expressly made herein.
40. To the maximum extent permitted by applicable law, PlayerAdda will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly or any loss of data, use, good-will, or other intangible losses, resulting from (i) the access to, use of, or inability to access to or use the services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other Users or third parties; (iii) any Content obtained from the Services; or (iv) unauthorized access, use or alteration of Content; or (v) any natural calamities.
41. In no event will the aggregate liability of PlayerAdda exceed the total amount that such User has paid to PlayerAdda in the six-month period ending on the date of the claim or to a maximum of One Thousand Indian Rupees (Rs. 1000), whichever is lower. The limitations will apply to any theory of liability whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not PlayerAdda has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
42. Users will be solely responsible for any consequences which may arise due to their access to PlayerAdda’s Services by conducting an illegal act or due to non-conformity with these Terms and other rules and regulations in relation to the Services, including provision of incorrect address or other personal details. Users also undertake to indemnify PlayerAdda and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) On full indemnity basis for any loss/damage suffered by PlayerAdda on account of such act on the part of the Users.
43. Users will indemnify, defend, and hold PlayerAdda harmless from any third party/entity/organization claims arising from or related to such User's engagement with the PlayerAdda or participation in any Contest. In no event will PlayerAdda be liable to any User for acts or omissions arising out of or related to User's engagement with the PlayerAdda or his/her participation in any Contest(s).
44. The failure of PlayerAdda to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain to be in full force and effect.
45. These Terms will be governed by and construed in accordance with the laws of the Republic of India. It is further agreed and acknowledged by the Users, that their ability to access the Services will further be dependent upon the specific rules, laws, and regulations of their state of residence.
46. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely before the courts of New Delhi. Users consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
47. We make our best efforts to resolve your complaints/grievances as soon as reasonably possible. And we are better able to resolve complaints/grievances if they are reported timely. So, we ask that you please report any complaints/grievances promptly. Any delay in reportage may affect our ability to resolve your complaint/grievance. In any case, we are unable to entertain or act upon complaints/grievances raised more than 90 days after the date on which a game is played.
48. On receiving such a complaint, grievance or notice, PlayerAdda reserves the right to investigate and/or take such action as PlayerAdda may deem appropriate. PlayerAdda may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same. If you have any complaint, grievance, or notice you would like redressed, you may contact the Grievance Redressal Officer at:
The Grievance Redressal Officer,
Nextgen Games Technology Private Limited
Email: grievanceofficer@PlayerAddagames.live
Office Hours: 10 am to 7 pm
49. The Grievance Officer identified above is pursuant to the provisions of applicable laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the Rules enacted under those laws.
50. PlayerAdda reserves the right to replace the Grievance Redressal Officer at its discretion, through publication on its website, and such replacement will come into effect immediately upon publication.