We, at KheloMaharaja PrivateLimited (KheloMaharaja, 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 “KheloMaharaja” (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.KheloMaharaja.in/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.
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. 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, Odisha, 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. KheloMaharaja does not offer poker for stakes within the territory of Gujarat. KheloMaharaja does not offer poker or rummy for stakes within the territory of Tamil Nadu. Users are permitted to access the free to play versions of all games, if they are so made available on KheloMaharaja, regardless of their state of residence.
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.
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.
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
No person, whether KheloMaharaja’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
KheloMaharaja’s
written permission, and subject to such terms as KheloMaharaja may impose.
KheloMaharaja reserves the right to withdraw or discontinue or terminate a contest at any stage
without prior notice and without any liability whatsoever to you.
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 KheloMaharaja, and you will not be entitled to any refunds in such a
situation.
KheloMaharaja 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 KheloMaharaja,
in
accordance with these Terms. KheloMaharaja 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.
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.
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.
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.
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.
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.
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
KheloMaharaja
does not have any control over their operations. We urge you to familiarize with their
policies
before you proceed with such registration and linkages.
A User may be able to register or operateonly one accounts with KheloMaharaja. If KheloMaharaja is
made aware that a User has registered more than two User accounts with KheloMaharaja, 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.
Users are responsible for safeguarding their access to the Services and follow the
general
internet etiquettes that must be adhered to. KheloMaharaja 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 KheloMaharaja accepts no responsibility for any losses or harm resulting from
such
unauthorized use, whether fraudulently or otherwise.
In the event any user breaches, or KheloMaharaja reasonably believes that such User has
breached
these Terms, or has illegally or improperly used Services, KheloMaharaja 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.
Users agree to exit/log-out of their accounts at the end of each session. KheloMaharaja will
not be
responsible for any loss or damage that may result if the User fails to comply with
these
requirements.
Without limiting the foregoing, Users agree not to use the Services for any of the
following.
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 KheloMaharaja;
To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit")
any
inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
To advertise, offer or sell any goods or services for any commercial purpose on KheloMaharaja
without
the express written consent of KheloMaharaja;
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;
To impersonate any person or entity, including, but not limited to, a representative of
KheloMaharaja,
or falsely state or otherwise misrepresent User's affiliation with a person or entity;
To forge headers or manipulate identifiers or other data in order to disguise the origin
of any
content transmitted through KheloMaharaja or to manipulate User's presence on KheloMaharaja(s);
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;
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;
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.
In the event where the username is not appropriate, KheloMaharaja reserves the right to
disallow use
of such name.
Users must please review and familiarize themselves with KheloMaharaja’s Responsible Gaming
Policy,
available at www.KheloMaharaja.in/responsible-gaming-policy, and undertake to access the
Platform
and our Services in compliance with this Policy.
If Users wish to delete their account, they may request KheloMaharaja to do so, as per KheloMaharaja’s
Privacy Policy, available at www.KheloMaharaja.in/privacy-policy Upon the approval of such
request, a
User’s account will initially be deactivated for a period of 90 days, within which a
User may
reactivate their account, using their registration details, number, and any social media
plug-in,
used at the point of registration. Alternatively, Users’ accounts will be deleted and
they may be
unable to retrieve such information which is purged from KheloMaharaja’s systems. Users who
wish to
re-join the KheloMaharaja Platform, after their account has been deleted, must write to
KheloMaharaja’s
Data Protection Officer, whose details may be accessed at the Privacy Policy available
at
www.KheloMaharaja.in/privacy-policy.
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, each
game 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.
Supreme Court of India in the case of State of Andhra Pradesh V. K Satyanarayana (AIR
1968 SC
825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has defined Games of
Skill
in this manner: “A game of skill, on the other hand- although the element of chance
necessarily
cannot be eliminated is one in which success depends principally upon the superior
knowledge,
training attention, experience and adroitness of the player. Golf, chess and even Rummy
are
considered to be games of skill. The Courts have reasoned that there are few games, if
any,
which consists purely of chance or skill, and as such games of chance is one in which
the
element of chance predominates over the element of skill, and a game of skill is one in
which
the element of skill predominates over the element of chance. It is the dominant element
–
“skill” or “chance” – which determines the character of the game”.
KheloMaharaja may conduct promotions, including, without limitation, contests, consolation
prizes,
level redemptions. Each promotion may have additional Terms and rules that may be
applicable, which will be posted or otherwise made available to you, and for purposes of
each
of these activities, will be deemed to be incorporated into and form a part of these
Terms and
will be binding on you.
Tier Levels - KheloMaharaja may classify its Users into different Tier/Profile levels as per
its discretion
and a proprietary algorithm that factors in multiple variables relating to the activity
of the
users, viz. Number of games played, performance within those games etc. Such Levels have
no
monetary value and do not constitute currency or property of any type.
Certain parts of the Services may be available to you, only upon payment of a
participation
amount.
KheloMaharaja reserves the absolute right to determine (i) the format of any contest; (ii)
prizes
structure; (iii) selection of winners; and, (iv) manner of disbursal of rewards, gifts
and deal
redemptions.
KheloMaharaja makes no assurance and will have no liability with respect to the quality of the
product(s), rewards, gifts, deal redemptions,, logistics and handling procedures, or
unforeseen
costs or unfavorable constraints that may surface when a User claims rewards.
If KheloMaharaja charges its Users a Platform Fee for its Services, KheloMaharaja may, repay such
Platform
Fee if there is any negligence or deficiency on the part of KheloMaharaja or deliberate breach
of these
Terms, but not if a User’s account is suspended or removed on account of:
Any breach or inadequate performance by the User of any of these Terms and Conditions;
or,
Any circumstances beyond KheloMaharaja’s reasonable control.
KheloMaharaja may send communications like announcements, administrative messages, or promote
and market its Services, via text message (SMS) or other media, on contact channels
submitted
by a User to create their account or use the Services, as per its Privacy Policy.
KheloMaharaja may contain links to other websites owned and operated by third parties. Links to
such
websites or resources do not imply any endorsement by KheloMaharaja of such websites or
resources
or the content, products, or services available on such websites or resources. Users'
use of each
of those sites is subject to the conditions, if any, posted by the sites. KheloMaharaja does
not exercise
control over any Internet sites apart from KheloMaharaja and cannot be held responsible for any
content residing in any third-party Internet site.
Users’ interactions with such third parties, including payment providers and
verification service
providers, are solely between the User and that third party. Users’ interactions with
such third
parties will be subject to the terms and conditions, policies and other service terms
adopted/implemented by such third party, and the User acknowledges sole responsibility
for
and assumes all risk arising from its use of such websites or resources.
KheloMaharaja may embed certain links to third party services including but not limited to
YouTube.
Your interaction with such third-party platform/s are governed by their policies, and we
urge
you to review their policies before you proceed with availing such services via the
offerings of
KheloMaharaja. The YouTube terms are available at https://www.youtube.com/t/terms; and the
Google Privacy Policy is available at https://policies.google.com/privacy?Hl=en-US.
Also, to
control your interaction with Google account or their services allows you to control
your rights
and activities, and may be accessed at https://myaccount.google.com/permissions?Pli=1.
Users acknowledge that all copyright, trademarks, and other intellectual property rights
in and
relating to the Services, are owned by or licensed to KheloMaharaja.
By submitting any content on or through the Services, you grant KheloMaharaja a 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.
Without limiting KheloMaharaja’s rights in and to the Services, you expressly authorize KheloMaharaja
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 KheloMaharaja may require for the purposes of providing its
Services, for
featuring on the Service, and/or any promotional and marketing activity undertaken by
KheloMaharaja
on the Service, social media platforms, websites owned and operated by KheloMaharaja and/or its
affiliates, or any other mode or media, as KheloMaharaja may deem appropriate.
Users must not copy, distribute, make available to the public or create any derivative
work from
any content made available on the Platform and/or to any other User. KheloMaharaja respects the
intellectual property rights of others and expects its users to do the same. If users or
any third
party believe that their content has been copied in a way that constitutes infringement,
they
will provide KheloMaharaja with the following information: (i) identification of the protected
work
claimed to have been infringed; (ii) identification of the material that is claimed to
be infringing
or to be the subject of infringing activity and that is to be removed or access to which
is to be
disabled, and information reasonably sufficient to permit the location of the material;
(iii)
contact information, including address, telephone number, and an email address; (iv) a
statement that such User or third party have a good faith belief that use of the
material in the
manner complained of is not authorized by the copyright owner, its agent, or the law;
(v) a
statement that the information in the notification is accurate, and, under penalty of
perjury,
that such User or third party is authorized to act on behalf of the copyright owner;
and, (vi) by
way of writing countersigned, or if via e-mail with a valid electronic signature.
All rights, title, and interest in and to the Services, remain KheloMaharaja’s exclusive
property, and/or
of its licensors. Services are protected by copyright, trademark, and other laws.
Nothing in the
Terms gives Users any right to use the KheloMaharaja name or any of the KheloMaharaja trademarks,
logos,
domain names, properties and other distinctive brand features, without KheloMaharaja’s prior
written
consent.
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”. 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 %)”.
Accordingly,
GST portion of the amount deposited by the User will be deducted by KheloMaharaja from the
User’s
account, for payment to the Government. The GST amount will not be refunded for the
withdrawal by the players 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 KheloMaharaja.
Further, any other taxes/levies/duty etc., as applicable, will be paid by the user of
the Services.
KheloMaharaja 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.
KheloMaharaja 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.
A User must provide his valid PAN so that KheloMaharaja can file TDS deducted accordingly. The
same
PAN details will be used by KheloMaharaja for filling the quarterly TDS return under Section
200(3) of
the Income Tax Act, 1961.
In the event that the PAN is not furnished by the User, KheloMaharaja 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 KheloMaharaja.
If a User provides erroneous, incorrect PAN details, the User will be deemed to have not
provided their PAN at all.
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.
TDS has to be paid within 24 hours. Kindly provide KheloMaharaja a time period of 15 working
days to
deliver your prize.
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.
KheloMaharaja’s TDS policy is based on Applicable Law. KheloMaharaja 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.
In respect of any transactions entered into on the Platform, including making a payment
to
participate in the paid versions of Contest(s), Users agree to be bound by the following
payment terms:
Subject to these Terms, all amounts deposited by the User after deduction of applicable
GST
are pre-disclosed and are held merely in a fiduciary capacity to facilitate gameplays,
until
determination of the Winners and distribution of prizes. Users inter-se agree that
Winners of
respective games will pay the pre-disclosed Platform Fees, on behalf of the remaining
Users.
Bonuses or Discounts given to Users in a game will be deducted from the entry fees
payable to
participate in a game/Contest.
The User may participate in a Contest wherein the User must contribute a pre-specified
contribution towards the Prize Money Pool of such Contest, which will be passed on to
the
Winner(s) of the Contest after the completion of the Contest as per its terms and
conditions.
KheloMaharaja has no right or interest in this Prize Money Pool, and only acts as an
intermediary
engaged in collecting and distributing the Prize Money Pool in accordance with the
Contest
terms and conditions. The amount paid-in by the User towards the Prize Money Pool is
debited
from the User’s account balance. If Users are unable to complete a game because of
technical
reasons which are beyond their control, amounts deposited in the Prize Money Pool are
returned to Users, without deductions and/or penalties. If KheloMaharaja determines that Users
have
participated in and withdrawn from a game before the declaration of the Winner at their
option, such Users may receive a refund of the amount they deposit (after deduction of
applicable GST), subject to a pre-disclosed penalty of up to twice the amount deposited
by
them in the Prize Money Pool.
Users availing the Services are provided with three categories of accounts for
processing and
reconciliation of payments: (i) ‘Unplayed’ Account, (ii) ‘Winnings’ Account, and (iii)
‘Bonus’
Account. Amounts available within these categories of Accounts may not be transferred to
another category, or to any third party Accounts.
User's winnings may be credited in any wallet sub-section (Unplayed, Bonus, Winnings) in
any
proportion at KheloMaharaja’s discretion. Amounts remitted by Users through designated payment
gateway are credited to a User’s Unplayed Account.
Each time a User participates in any contest on KheloMaharaja platform, the pre-designated
amount is
debited in the first instance, from the User’s Unplayed Account, and thereafter, any
remaining
amount is debited from the User’s Winning Account.
In case there is any amount remaining to be paid by the User in relation to such User’s
participation in any match(s) or Contest(s), the User is directed to the designated
payment
gateway to make such payment. In case any amount added by the User through such payment
gateway exceeds the pre-designated amount, such excess amount will be transferred to the
User’s Unplayed Account and will be available for use in participation in any match(s)
or
Contest(s) or for withdrawal in accordance with these Terms.
Debits from the Unplayed Account to enable a User’s participation in a Contest are made
in
order of the date of credit of amounts in the Unplayed Account, and accordingly amounts
credited into the Unplayed Account earlier in time are debited first.
A User is permitted to withdraw any amounts credited into such User's Unplayed Account
for
any reason whatsoever by contacting KheloMaharaja Customer Support. All amounts credited to a
User's Unplayed Account must be utilized within 60 days of credit. If any unutilized
amount lies
in the Unplayed Account after the completion of 60 days from the date of credit of such
amount, KheloMaharaja reserves the right to forfeit such unutilized amount, without liability
or
obligation to pay any compensation to the User. Users may compulsorily be required to
provide
valid photo identification and address proof documents for proof of identity and address
in
order for KheloMaharaja to process the withdrawal request. The name mentioned on the User's
photo
identification document should correspond with the name, if provided by the User at the
time
of registration on the Platform or otherwise within the Profile section on the Platform,
as well
as the name and address existing in the records of the User's bank account as provided
to
KheloMaharaja. If no bank account has been registered by the User against such User's account
with
KheloMaharaja, or the User has not verified his/her User account with KheloMaharaja, to KheloMaharaja’s
satisfaction, and in accordance with these Terms and Conditions, KheloMaharaja will provide
such
User with a notification to the User's email address as maintained in KheloMaharaja’s records
at least
30 days prior to the request date, and in case the User fails to register a bank account
with
his/her User Account and/or to verify his/her User Account by the request date, KheloMaharaja
will be
entitled to forfeit any amounts subject to transfer. Failure to provide KheloMaharaja with a
valid bank
account or valid identification documents (to KheloMaharaja’s satisfaction) may result in the
forfeiture
of any amounts subject to transfer in accordance with this clause. Requests to withdraw
amounts deposited by Users into their Unplayed account will be processed net of GST,
i.e., the
GST paid on the deposited amount will be ineligible for refund.
Withdrawal of monies from the Unplayed Account, may, therefore, only be allowed subject
to
the following the following process - PAN submission, Aadhaar verification, geolocation
verification (as no withdrawal can happen outside the country), the withdrawal bank
being that
of the same person as per the verified documents. Withdrawal will be subject to
processing
fees and applicable taxes. Furthermore, any bonuses that may have been given as offers
would
be forfeited or adjusted at the time of withdrawal. Additionally, withdrawals from the
Unplayed
Account will be subject to a processing fee charged at 30% of the amount intended to be
withdrawn.
Withdrawal of any amount standing to the User's credit in the Winnings Account may be
made
by way of a self-serve withdrawal request from within the Platform, but the amount will
be
forfeited upon completion of 60 days from the date of credit of such amount in the
User's
Winnings Account or upon completion of 60 days of inactivity, without liability or
obligation to
pay any compensation to the User. To facilitate withdrawals, KheloMaharaja may charge Users a
processing fee at a rate determined by it in its sole discretion, which may vary for
different
Users. The applicable processing fee at the time of withdrawal is displayed on the
withdrawal
interface on the Platform at all times.
Further, in order to conduct promotional activities, KheloMaharaja may issue Bonus points
(i.e., a
Discount) to the User for the purpose of participation in any Contest(s). Bonus (i.e.,
Discount)
utilized by Users will be deducted from the entry fees payable to participate in a
game/Contest.
KheloMaharaja may give Bonuses (i.e., Discounts) of the following forms and/or types to Users,
into
their Bonus Account:
Add Cash: Given to Users who make a new deposit to their Add Cash account through
payment
gateways, as a percentage of the amount deposited.
Free Ticket: Given to Users as part of a novel User journey or through different User
engagement actions. Free Tickets may be used to play games of skill at a 100% Discount.
Leaderboard: The Platform has multiple types of milestone and performance linked
leaderboards, based on Users’ performance in games of skill. Leaderboard rewards and/or
Bonuses are credited in the Bonus Account.
New User: These are offered to new Users to aid their Platform experience.
Partial Discounts: Given to Users as part of a novel User journey or through different
User
engagement actions. Partial Discounts may be used to play games of skill at a partial
Discount.
Invite Friends: Offered as per the standard Invite Friends terms
• When Anyone Will Refer to other Person With our Refferl Code, then10% of the money
which are Added by the otdher person will be Transfer to the first person,s wallet.
Sign Up: Offered to new Users who sign up on the Platform, to allow them to experience
the
Platform.
Spinner:KheloMaharaja offers an interactive Spinner feature on the Platform. Users may utilize
this
feature to receive Bonus amounts.
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
KheloMaharaja and as may be notified to the User at the time of issue of such amount. The issue
of
any points to the user is subject to KheloMaharaja’s sole discretion and cannot be demanded by
any
User as a matter of right. The issue of any such amount by KheloMaharaja on any day will not
entitle
the user to demand the issuance of such amount at any subsequent period in time nor
create
an expectation of recurring issue of such amount by KheloMaharaja to such User. Bonus points
will not
be withdraw-able or transferrable to any other account of the User, including the User’s
bank
account, or of any other User or person, other than as part of the winnings of a User in
any
Contest(s). In case the User and/or KheloMaharaja terminates his/her account, all Bonus points
granted to the User will return to KheloMaharaja and the User will not have any right or
interest on
such points.
ALL BONUSES CREDITED IN A USER’S ACCOUNT WILL BE VALID FOR A PERIOD OF UP TO 30 DAYS
FROM THE DATE OF CREDIT. THE BONUS WILL LAPSE AT THE END OF 30 DAYS, AND NOT
REFLECT IN A USER ACCOUNT THEREAFTER.
Upon confirming a transaction on the Platform, Users are bound by and must make payment
for that transaction.
The User acknowledges that subject to time taken for bank reconciliations and such other
external dependencies that KheloMaharaja may have on third parties, transactions on the
Platform
may take up to 24 hours to be processed. Any amount paid or transferred into the User's
Unplayed Account or Winnings Account may take up to 24 hours to reflect in the User's
Unplayed Account or Winnings Account balance. Similarly, the utilization of the Bonus
points or
amounts debited from Unplayed Account or Winnings Account may take up to 24 hours to
reflect in the User's Unplayed Account or Winnings Account balance. Users agree not to
raise
any complaint or claim against KheloMaharaja in respect of any delay, including any lost
opportunity
to join any Contest or match due to delay in crediting of transaction amount into any of
the
User's accounts.
A transaction, once confirmed, is final and no cancellation is permissible. KheloMaharaja 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, Users 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, the additional terms and conditions will prevail.
The terms of play of each game would be displayed, along with the fixed/ variable
Winnings
amount a User may win on participation and successful completion of a game, on the
Platform.
Such amounts will be decided by KheloMaharaja for each game separately. The User would be
eligible
to withdraw only to the extent of their Winnings (before that expires) and after
submission of
relevant documentation to KheloMaharaja .
Invoicing: KheloMaharaja will issue an invoice for the amount of cash deposited by the User in
their
Unplayed wallet for playing games. Invoices will be provided to Users on their verified
email ids.
For any grievance related to invoicing, Users may reach out to invoices[at]KheloMaharaja.in.
For
avoidance of doubt, if for any reason you are not able to access a copy of the invoices
issued for
your transactions, please reach out to us at invoices[at]KheloMaharaja.in, and we shall strive
to
respond to you within 30 working days of your request, with a copy of the same.
These standard terms and conditions of promotions govern participation in promotional
activities on the Platform:
Participation in any Promotion will be subject to a user complying with these specific
terms. By
participating in any Promotion, the participant further consents to and agrees to adhere
with
the terms and conditions of the KheloMaharaja game and KheloMaharaja’s Privacy Policy.
The Promotions are only open to users in India. Participation in the Promotions by proxy
is not
permitted.
Participation in the Promotions is voluntary.
Participation in one Promotion does not guarantee that such a user will be eligible to
participate in another Promotion.
An existing User must not register a new account or operate more than the permissible
number
of accounts with KheloMaharaja, to participate in a Promotion.
Users wanting to participate in a Promotion may be required to verify their mobile
number and
other account details in accordance with the terms applicable for such Promotion.
Persons intending to participate in a Promotion, who have listed their phone numbers on
the
National Do Not Call Registry (“NDNC Registry”), will de-register themselves from the
NDNC
Registry till the completion of such Promotion (including the delivery of Bonus Amount
(if any)
or the free-entry (if any) under such Promotion). Such persons agree not to make any
claim or
raise any complaint whatsoever against KheloMaharaja in this respect. Please note that persons
intending to participate in a Promotion who have not de-registered themselves from the
NDNC
Registry will also have no right to make any claim or raise any complaints against
KheloMaharaja if
they do or do not receive any call or SMS with respect to their participation and all
other
matters pertaining to a Promotion.
The verification process may require you to submit personal information about yourself.
KheloMaharaja may, at its sole and absolute discretion, disqualify any user from a Promotion if
such
user engages in or it is found that such user has engaged in any illegal, unlawful or
improper
conduct (with regard to any of the Promotions or otherwise), and take further action as
it may
deem necessary in the circumstances.
The Bonus Amount (if any) deposited into the User’s account can be used to join contests
on
KheloMaharaja, as per the allowable limits for such contests and/or games. Users may access
such
limits on the Platform. THE UNUSED BONUS AMOUNT (IF ANY) WILL EXPIRE AND BE WITHOUT
EFFECT AT THE END OF FOURTEEN DAYS FROM THE DATE OF CREDIT OF THE BONUS AMOUNT
(IF ANY).
The deposit of the Bonus Amount (if applicable) or the grant of the free entry (if any)
will be at
KheloMaharaja’s sole discretion of KheloMaharaja, and will be subject to the user’s compliance with
these
Terms and applicable Promotion Terms. KheloMaharaja may substitute or change the Bonus Amount
(if any) or free entry (if any) offered under a Promotion at any time without notice.
Users may
not substitute Bonus Amount (if any) or free entry (if any) for other items or exchange
for cash.
KheloMaharaja reserves the right to withhold or forfeit the benefits of a Promotion (including
a free-
entry or Bonus Amount due to a participant or any prizes/rewards earned by the
participant by
using such benefits) if it determines or reasonably believes that a User has violated
these
Terms, the applicable Promotion Terms, or other terms that may apply in respect of
KheloMaharaja
fantasy game(s). And KheloMaharaja may take further actions as it deems necessary in the
circumstances.
Mere participation in a Promotion does not entitle the participant to receive any
free-entry or
Bonus Amount(s) indicated as a prize under such Promotion.
KheloMaharaja’s decision with respect to the Promotions and any privileges/benefits offered as
part of
such Promotions, will be final and binding. No correspondence, objection, complaints,
etc. may
be entertained in this regard.
A Promotion cannot be clubbed with any other contest/offer/promotion that are running
simultaneously and organized or conducted by KheloMaharaja.
KheloMaharaja does not make any commitment, express or implied, to respond to any feedback,
suggestion and, or, queries of the participants of the Promotions.
Notwithstanding anything contained herein, the aggregate liability of KheloMaharaja to a
participating
user in relation to any Promotion for any reason whatsoever will not exceed Rs. 50.
Standard Terms and Conditions of "Invite Friends" program. The KheloMaharaja Invite Friends
Program lets you invite friends to join the Platform. In the event that you and your
referred
friend meet the criteria and complete all the steps specified in these terms, you and
your friend
may earn a Discount from KheloMaharaja of such predetermined amounts ("Bonus
Amount/Discount"), which Bonus Amount will be redeemable to join Contests on the
Platform.
To participate in the Program, please note the following:
Participation in the Program is voluntary. A user will not register or operate more than
one user
account with KheloMaharaja and will not participate in the Program with more than one user
account
with KheloMaharaja.
For the purpose of participation in the Program, you are required to have the KheloMaharaja
Application downloaded and installed on your mobile device. Through the KheloMaharaja
Application,
you will be provided with a unique link or code, which can be shared by you ("Inviter")
with
friends (each an "Invitee") for the purpose of inviting such friends to create and
register an
account with KheloMaharaja and download the KheloMaharaja Application. On receiving the link or code
from the Inviter, the Invitee may either: (i) Click on the link, consequent to which
such Invitee
will be directed to a registration page and will be provided the option to register an
account
with KheloMaharaja and download and install the KheloMaharaja Application on his/her device; or (ii)
download and install the KheloMaharaja Application on his/her device independently, register
for a
KheloMaharaja account through the KheloMaharaja Application and enter the unique code shared by the
Inviter.
The Inviter and the Invitee will be eligible to earn the Bonus Amount subject to
(amongst other
terms specified in these Terms): (i) the Invitee not being an existing user of KheloMaharaja;
and (ii) the
Invitee successfully registering for an account with KheloMaharaja through the unique link or
by using
the unique code shared by the Inviter; and (iii) the Inviter and Invitee verifying the
Inviter’s and
the Invitee’s respective mobile number as provided at the time of registration within
thirty (30)
days from the date on which Invitee registers for an account with KheloMaharaja ("Verification
Period"). For the purposes of these Terms, an 'existing user of KheloMaharaja' will mean a user
who
presently operates an account with the Platform or operated an account with the Platform
at
any point of time.
An Invitee who is an existing user of KheloMaharaja is not permitted to register a new account
with
the Platform for the purpose of availing of the Bonus Amount. KheloMaharaja will determine in
its sole
discretion whether an Invitee is an existing user of KheloMaharaja or not and take appropriate
action.The verification of an Inviter/Invitee will be completed at the time of first
withdrawal by
the Inviter/Invitee from the Inviter’s/Invitee's 'Your Winnings' account or 'Your
Deposits'
account with the Platform. An Inviter/Invitee may voluntarily seek verification of the
Inviter/Invitee by clicking on the 'Verify Now' tab of the Account Balance page of the
Inviter/Invitee's account with the Platform. In the event that the Invitee opts to
register for a
KheloMaharaja account through the KheloMaharaja Application, the Invitee can verify his/her contact
information at the time of registration.
The deposit of the Bonus Amount will be at KheloMaharaja’s sole discretion and will be subject
to the
Inviter’s/Invitee’s compliance with these Terms. KheloMaharaja may substitute or change the
Bonus
Amount offered under the Program at any time without notice. An Inviter/Invitee may not
substitute the amount of Bonus Amount or substitute offering for other items or exchange
for
cash.
KheloMaharaja reserves the right to:
Withhold the deposit of the Bonus Amount; and/or
Forfeit any deposited Bonus Amount to an Inviter/Invitee or any prizes/winnings earned
by the
participant by using such Bonus Amount; and/or
Credit the user's winnings amount in any contest in any wallet sub-section (Deposits,
Bonus,
Winnings) in any proportion at KheloMaharaja’s sole discretion.
Mere participation in the Program does not entitle the Inviter/Invitee to receive any
Bonus
Amount.
KheloMaharaja may, at its sole and absolute discretion, disqualify any Inviter/Invitee if such
Inviter/Invitee engages in or it is found that such Inviter/Invitee has engaged in any
illegal,
unlawful or improper conduct (with regard to the Program or otherwise).
The decision of KheloMaharaja will be final and binding with regard to the Program, and the
deposit of
the Bonus Amount and no correspondence, objection, complaints, etc. Will be entertained
in
this regard.
This Program cannot be clubbed with any other contests/promotions/programs that are
running simultaneously and organized or conducted by KheloMaharaja.
KheloMaharaja reserves the right to change/modify/or withdraw the Program and/or change these
terms and conditions without any prior notice of the same at its sole discretion.
The Terms and Conditions, as applicable to the KheloMaharaja’s skill games and services, will
apply
to and govern the Program.
KheloMaharaja does not make any commitment, express or implied, to respond to any feedback,
suggestion and, or, queries of the participants (Inviter/Invitee) of the Program.
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, KheloMaharaja disclaims all warranties and conditions, whether
express or implied, of merchantability, fitness for a particular purpose or
non-infringement.
KheloMaharaja 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.
To the maximum extent permitted by applicable law, KheloMaharaja 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.
In no event will the aggregate liability of KheloMaharaja exceed the total amount that such
User has
paid to KheloMaharaja 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 KheloMaharaja 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.
Users will be solely responsible for any consequences which may arise due to their
access to
KheloMaharaja’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 KheloMaharaja 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 KheloMaharaja on account of such act on the part of the Users.
Users will indemnify, defend, and hold KheloMaharaja harmless from any third
party/entity/organization claims arising from or related to such User's engagement with
the
KheloMaharaja or participation in any Contest. In no event will KheloMaharaja be liable to any User
for acts or
omissions arising out of or related to User's engagement with the KheloMaharaja or his/her
participation in any Contest(s).
The failure of KheloMaharaja 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.
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.
All claims, legal proceedings or litigation arising in connection with the Services will
be brought
solely before the courts of JAIPUR. Users consent to the jurisdiction of and venue in
such courts
and waive any objection as to inconvenient forum.
We maintain a 3-tiered grievance redressal mechanism for resolving any queries,
concerns, or
disputes with our users.
Level 1: We offer a user-friendly automated support system within the Platform. Users
may ask
queries in relation to every transaction they perform on the Platform (whether it
concerns any
Unplayed, Bonus, or Winning amounts, related withdrawals, and/or credits/debits). Our
in-
Platform system is robust. We acknowledge users’ complaints shortly after receipt, and
attempt
to resolve them within 24 to 48 hours of receiving such complaints.
Level 2: If users are dissatisfied with our in-Platform system and are unable to resolve
their
complaint, we allow them the option to speak with our dedicated Customer Support Team,
through the Platform. This Team, in turn, makes its best efforts to promptly and
effectively
resolve users’ complaints, and in any event, within 24 to 48 hours of receiving such
complaints.
Level 3: If a user is unable to resolve their complaint despite attempting the above
grievance
resolution channels, or have any any complaints or grievances pertaining to: (i) Any
user
content that you believe violates these Terms for the reporting mechanism for such
claims), (ii)
your access to the Services provided by KheloMaharaja or (iii) any Content which you believe
is, prima
facie, in the nature of any material which is obscene, pornographic, pedophilic,
invasive of
another’s privacy, including 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 or defamatory
towards
the complainant or any person on whose behalf you are making the complaint, or is in the
nature of impersonation in an electronic form, including artificially morphed images of
such
individual, we expect the user to please share the same with us by writing to:
grievanceofficer[at]KheloMaharaja.in ;
As we believe in smooth and quick resolution of issues that you may face, we will
request you
to follow this escalation chart, for quick disposal of grievances and early redressal.
In your complaint or grievance, please include the following information, as
appropriate:
Your name and contact details: name, address, contact number and email address;
Your relation to the subject matter of the complaint, i.e. Complainant or person acting
on
behalf of an affected person;
The name and age of the person aggrieved or affected by the subject matter of the
complaint,
in case you are acting on behalf of such person and a statement, under penalty of
perjury, that
you are authorized to act on behalf of such person and to provide such person's personal
information to us in relation to the complaint/grievance.
Description of the complaint or grievance with clear identification of the Content in
relation to
which such complaint or grievance is made;
A statement that you believe, in good faith, that the Content violates these Terms.
A statement that the information provided in the complaint or grievance is accurate.
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.
On receiving such a complaint, grievance or notice, KheloMaharaja reserves the right to
investigate
and/or take such action as KheloMaharaja may deem appropriate. KheloMaharaja 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,
BHARATKheloMaharaja Private Limited
Email: info@KheloMaharaja.in
Office Hours: 10 am to 5 pm
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.
KheloMaharaja 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.