This is an agreement between Pacific Gaming Private Limited, a company incorporated under the Companies Act prescribed by the Ministry of Corporate Affairs, Government of India, from here on called the "Company" or “Amplify Gaming” (the Company could also be referred to as "we", "us", "our" and other such adjectives), including but not limited to its website www.amplifygaming.com and any of our applications hosted there or downloaded from a third party website, or mobile app store from here on collectively referred to as the "Website" and the End User from here on referred to as "you", "your", "User" or "Player".
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.Definitions and Clarifications
“Service” means, in these Terms, the website www.amplifygaming.com and the services provided through it.
“you”, “your”, “user” refers to the person visiting, Browsing and/or Creating an account in the website.
“We”, “Us”, “Our” shall mean and refer to the Website and/or the Company, depending on the context.
“User Account” means, in these Terms, the personal password protected account used to identify specific Users (including you) during use of the Service.
“Content” means, in these terms, all texts, graphics, videos, pictures and all other information that you or anyone else upload and/or publish or in other ways make available for others at or via the Service.
“Game” means, in these Terms, any skill-based e-sport game that is provided through the website. All Games provided through the website are considered as games of skill, i.e. games where the outcome is not dependent on chance, but on the players’ efforts and expertise.
Amplify Gaming Provides the platform to you on which you can play mobile games and/or Computer games either offered by Amplify Gaming or any third-party Game Developers. The platform is designed to provide You the best browsing experience and/or to function as an intermediary who enables digital payments.
In addition to above, the Service may also include:
a. Providing an avenue that provides entertainment to you.
b. Providing an avenue to access multiple games either developed by the company or by third party vendors.
All contents, photos, videos, replays, and/or any other resources generated by players and Amplify Gaming or its associates, vendors or subsidiaries belong to the company. Players accept that any information provided by you or collected by the company on the website is the property of the company and can be used as and when the company deems fit without prior intimation to the user.
For the sake of good order, it is emphasized that Amplifygaming's Challenge and tournament services are categorized as games of skill and the cash or prize winnings of User or group of Users are the result of skill, not chance.
To use the services provided on the Website and to access the portal, upon registration, you are required to provide us with at least, but not limited to, the following information:
c) E-mail address
d) Full Name
e) Government ID like PAN, address proof, Passport or Adhar Card.
f) Birth Date
g) Phone Number
h) Game related information (such as nicknames)
The information you provide shall be current, true and complete. You are responsible for keeping your information updated and complete.
You may be given the opportunity to register via an online registration form to create a user account (“Your Account”) that may allow you to receive information from us and/or to participate in certain features on the Websites. You allow the company complete rights to contact you as the company may seem fit for either promotional activities or account related activities.
You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed to access and use the Websites’ features and all charges related to the same will be borne by the user.Eligibility
This website is only for users above the age of 18 years. If you are under the age of 18, please leave this website immediately and do not register on this website.
Amplify Gaming reserves the right to terminate or refuse your registration, or refuse to permit access to the Website, if it is discovered or brought to its notice that you are a minor.
In the event a participant indicates, while signing-up, that he/she is a resident of either Assam, Odisha, Sikkim, Nagaland or Telangana, such participant will not be permitted to use the service on Amplify Gaming.
The company may at any time require that you provide proof of eligibility to participate, in order to continue to allow you access to the Service. Under such cases, the user is obligated to provide all information as requested by the company, failing which, the users account may be suspended or terminated. You hereby acknowledge and accept this condition of your participation as a reasonable measure to ensure the security of the Service.
In addition, you will be required to provide proper identification and proof of eligibility prior to receiving a winning or prize.Security
All transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties.
The User’s banking details like credit and debit card information, netbanking, UPI or any other form of banking information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
The following terms apply to your conduct when accessing or using the Websites:
(a) you agree not to interfere with or disrupt the Websites or the servers or networks connected to the Websites, or disobey any requirement procedures, policies or regulations of networks connected to the Websites.
(b) you agree not to reproduce, duplicate, copy, reverse engineer, hack, sell, resell or exploit for any purpose, any portion of the Websites, use of the Websites, or access to the Websites.
(c) you agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability.
(d) you agree not to impersonate any person or entity, including, but not limited to, the Secure Privacy or any Secure Privacy employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
(e) you agree not to interfere with any other user’s right to privacy, including harvesting or collecting personally identifiable information about users of the Websites or posting private information about a third party.
All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively “Content”), including but not limited to the “look and feel”, layout, design, structure, colour scheme, selection, combination and arrangement of the content present on the Website is owned by or licensed to the company.
Such Content is protected by copyright, trademark, trade dress and various other intellectual property and fair competition laws.
Except with our written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, reverse engineer, hack, create derivative works of, re-publish or transmit the Websites or Content (in whole or in part) in any way or through any medium for distribution, publication or for any commercial purpose.
You may display, copy and download Content from the Websites solely for your personal and non-commercial use provided that:
(a) you do not remove any copyright or proprietary notice from the Content.
(b) such Content will not be copied or posted on any networked computer or published in any medium.
(c) no modifications are made to such Content.
By accepting these Terms, you grant the company the right to display your name, photo, logo or any other non-private information on our customer lists and on our website.Announcement
By using this Website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails, messages or any form of communication from us at any time. The user agrees to receive promotional communication and newsletters from the Company and its partners.
This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. The user can opt out from such communication and/or newsletters either by unsubscribing on the Website itself or by contacting the customer services team and placing a request for unsubscribing by sending an email to email@example.com.Payment and Fees
The website may charge a fee on various modules on the website that will help the company to maintain and develop its website for profit. Any fees paid will be considered as “non-refundable” due to the nature of the business. If there is a claim for a refund, the company will be the final decision maker in this matter. The user grants permission to the company to be the final decision maker for any refund claims.WITHDRAWAL POLICY FOR WEBSITE
The Website allows users to withdraw a user’s winnings via bank transfers within a stipulated duration of time as decided by the company, which forms an integral part of these Terms and Conditions.DISCONNECTIONS AND TECHNICAL ISSUES
In case of any technical failures, server crashes, breakdowns, software defects, disruption or malfunction of service, as a policy, Website will cancel the games and refund the amounts after proper verification and you accept that the Website is not responsible to you for any other payments in such cases. Website is not liable for any prospective winnings from any incomplete tournament. The Website shall not be held responsible for any liability to any disconnection, lag, freeze or interference in network on the user's computer (or any other electronic device) or any other external networks. The User expressly agrees that in no case does the Website accept any liability for consequential damages of any kind due to your inability to complete a tournament including due to technical failures, and in all such cases the maximum recourse available is a full refund of any money invested in that tournament. You acknowledge that your participation in any game/tournament available on the Website is purely voluntary and is at your sole discretion and risk. You understand and acknowledge that once a game/tournament has commenced, not being able to play due to slow internet connections, faulty hardware, internet connection failure, low computer configuration or for any other reason not attributable to Website will not necessitate a refund of the entry fee you may have paid for participation.OBJECTIONABLE CONTENTS POLICY
Users are not allowed to post objectionable text, audio or video content on any part of the Website including their usernames, profiles, names of private table created by the Users, and any chats whether public or private. Users admit, agree and accept that they may be exposed to content posted by other Persons which they may find offensive, unacceptable, obnoxious or indecent and that the Website may not be able to prevent such content being posted. The users shall bring to the notice of the Website or the grievance department at firstname.lastname@example.org immediately so as to enable the Website to act upon such information as it deems proper in accordance with its Policies. Users are not allowed to make false or damaging comments with regard to the Website in any media or forum and the company holds the right to reject or delete any text, files, images, photos, video, sounds, or any other material posted by you on any platform if it breaches the terms in accordance with our third party content policy. Any such violation by any User may lead to terminating and suspending their account and confiscating the money deposited therein. The decision taken by the company and its Management in this regard shall be final and binding on the User and the User specifically agrees that Website will not incur any liability under any circumstance whatsoever regarding the same. The User should beware of spoof emails and links from external third-party sources but claiming to be from the Website and the Website shall not be responsible for such emails/messages and/or any loss arising out of clicking on links contained in them.TDS POLICY
Tax would be deducted at source ("TDS") at the rate specified as per the Indian Income Tax Act 1961 (as amended to date) or as per any other law in force at the time being. The User hereby agrees and acknowledges that the winnings from Games, tournaments or through any other services as provided by the Website shall be allowed to be withdrawn only after deduction of applicable TDS. The User also agrees to furnish a scanned copy of his/her PAN (Permanent Account Number) duly issued to him / her by the Income Tax Department, Government of India, to deduct TDS as per the rules and regulations of the government of India. The User also agrees and acknowledges that deduction of TDS by the Website does not absolve the User from his or her overall liability to pay all applicable tax on the user’s winnings from all games / tournaments played on the Website during the course of the year. The User expressly acknowledges that it remains his/her liability to calculate the total tax due to the relevant tax authorities at the end of the year and to pay any balance tax over and above any TDS that would have been paid on the User’s behalf.LIMITATION OF LIABILITY AND DAMAGES
In no event, LLP or its contractors, agents, licensors, partners or suppliers will be liable to You for direct, indirect, ancillary, special, incidental, consequential, punitive, reliance or exemplary damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, loss of anticipated profits or any other pecuniary or non-pecuniary loss , goodwill, use, data, other intangible, or damage of any nature whatsoever loss (even if the LLP has been advised of the possibility of such damages), arising out of or relating to: (i) this Agreement or any other policies of the Website; (ii) the Services, the Website or any reference site/app/platform/service; or (iii) Your use or inability to use the Services, the Website(including any and all materials) or any reference sites/app/platform/service, even if LLP or a LLP authorized representative has been advised of the possibility of such damages or (iv) any other interactions with 9Stacks.INDEMNIFICATION
You agree to indemnify, save, and hold the company, its affiliates, contractors, employees, officers, partners, agents and its third party suppliers, and licensors, harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Services or of the Website; (ii) any violation by You of this Agreement or; (iii) any breach of the representations, warranties, and covenants made by You herein. The company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the company, including rights to settle, and You agree to cooperate with company’s defense and settlement of these claims. The company will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
(12.1) These Terms are considered to be in effect from the day you accept it, i.e. when you first access or use the Service, until either party terminates them.
(12.2) You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website.
(12.3) We may reset all User Accounts due to testing of the Service prior to the launch of a new version of the Service.
(12.4) Upon termination, your right to use the Service will immediately cease.
(12.5) Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the Website or affect any liability that may have arisen under the User Agreement prior to the date of termination.
(13.1) The Website hosts information provided by third parties. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted.
(13.2) We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.WAIVER
The failure of the company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by the company.
If any provision of this Agreement is held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement.