Terms and Condition of Service
Playship is an online platform offered by Gameskraft Technologies Private Limited (hereinafter referred to as “Gameskraft”, or “We” or “Us” or “Our”) that enables users (“You”, “Your”) to play Rummy online.
Your use of the Services indicates Your acceptance of the Platform Policies and hence You are advised to read the Platform Policies carefully before using Our Services. If You do not accept any part of the Platform Policies or any subsequent modification therein, You must stop accessing or using Our Services.
We reserve the right to periodically review, update, or otherwise modify any part of the Platform Policies at Our sole and absolute discretion, and accordingly, You are advised to keep Yourself updated on the latest versions of the Platform Policies. We will provide You with notice of any material modification to the Platform Policies, and Your continued access and use of the Services after such notification shall constitute consent to the modified Platform Policies.
In the event where one or more of the terms hereunder are determined to be invalid or unlawful for any reason, by a competent judicial or quasi-judicial authority in India, the validity or enforceability of the remaining terms will not be affected and the same will be valid and binding on You and all other users.
- 1.1“Applicable Law(s)” means all applicable statutes, enactments, laws, ordinances, treaties, conventions, protocols, bye-laws, rules, regulations, guidelines, notifications, notices, and/ or judgments, decrees, injunctions, writs or orders, instructions, decisions of any court or and awards or other requirements or official directives of any governmental authority, in any jurisdiction, as may be applicable to the relevant person.
- 1.2“Bank Account” means a financial account maintained with a Banking Company or a financial institution and shall include a wallet maintained with an entity authorized by Reserve Bank of India.
- 1.3“Banking Company” means a banking company as defined under section 5(c) of the Banking Regulation Act, 1949.
- 1.4“Barred States” means any state in the territory of India where online gaming has been prohibited under Applicable Laws.
- 1.5“Cash Games” mean Games involving a financial stake, as determined by the participants of that Game, in accordance with the Game Rules.
- 1.6“Communication Feature” means the in-game feature that enables users to interact with each other during a Game.
- 1.7“Deposit Segment” means the segment of the Playship Account to which the money deposited by a user is credited.
- 1.8“Discounts” shall include any GameCash, FreeCash, variable discounts, prizes or any other incentives (such as bonus, instant cash) that may be provided by Gameskraft, at its discretion, as a part of promotional measure that shall be adjusted against the Service Fee chargeable from the player in such manner as may be prescribed under Clauses 9 and 10 of these Terms, as applicable.
- 1.9“FreeCash” is an incentive provided by Gameskraft, at its discretion, as a part of promotional measure that shall be first attributable against the Service Fee charged by the Company in respect of a particular Cash Game.
- 1.10“Game(s)” means the game of Rummy offered on Playship and shall include the various formats available on Our Platform.
- 1.11“GameCash Segment” means the segment of the Playship Account to which GameCash and any amount under any other promotional offer on the Platform are credited to a User for adjustment against Service Fee.
- 1.12“Game Rules” for each Game, means the rules and regulations applicable to such Games which are accessible on the Platform.
- 1.13“Group Games” shall have the meaning ascribed to it in Clause 5.2.
- 1.14“Platform” means the Playship website and related mobile applications on which Games are made available to users in different formats.
- 1.16“Playship Account” means the user account maintained with Gameskraft, which enables users to play Games and deposit and utilize funds on the Platform.
- 1.17“Refund” means the reversal of the amounts (such as Service Fee, buy-in, or any other amount, as the case may be) paid by a User to play a Cash Game, to such user’s Playship Account.
- 1.18“Service Fee” means the fee charged by Gameskraft to each user on the value of their financial stake in a Cash Game. The term “Commission” or “Platform Fee” can be used interchangeably with “Service Fee” and shall have the same meaning as assigned to “Service Fee”.
- 1.19“Terms” mean the Terms of Service of Playship.
- 1.20“Withdrawable Balance” means the amount in the Withdrawable Segment and the Deposit Segment.
- 1.21“Withdrawal/ Withdraw” means the transfer of all or part of the Withdrawable Balance to the user's designated Bank Account, upon specific instructions by that user to Gameskraft to initiate such transfer.
- 1.22“Withdrawal Request” means a request by a user on the Platform to initiate Withdrawal.
- 1.23“Withdrawable Segment” means the segment of the Playship Account to which the winnings of a user from the Cash Games are credited less applicable Service Fees, and other levies/deductions.
Who may use Our Services:
- 2.1Our Services are not intended for or offered to any person below the age of eighteen (18) years, or persons who are resident in or access the Platform from any of the Barred States. We have the right to control the access to Our Services at all times, in any State in India, and reserve the right to update the list of Barred States.
- 2.2If You are below the age of eighteen (18) years or a resident or located in any of the Barred States, You may not access and use Our Services. In case You do, You shall be solely responsible for any legal actions that may ensue from such use of Our Services. We reserve the right to request proof of age, geolocation at any stage of Your access and use of Our Services to verify that persons below the age of eighteen (18) years or residing or located in Barred States are not using the Service. We may exclude a person from using Our Services where We suspect that such person using the Service is under-age and he/she fails to provide Us with a valid proof of age or is located in a Barred State.
- 2.3If You are not legally competent to individually enter into Indian Rupee transactions through banking channels in India and/or are accessing the Services from a Barred State, You are prohibited from participating in Cash Games on Our Services. In the event of such violation, Your participation in Cash Games will be deemed to be in breach of the Platform Policies and You will not be entitled to receive any prize that You might win in such Cash Games.
- 2.4We may terminate Your access and use of the Services when We become aware of or are of the opinion, at Our sole discretion, that Your use and access of Our Service is in violation of the Platform Policies.
Usage of Our Services:
- 3.1Playship allows You to play the game of Rummy online which can be downloaded and installed from our website www.playship.com.
- 3.2Rummy is a game of skill (the outcome of the game is dependent upon Your skills, and not luck or chance), therefore, it is legal to play Rummy in most states in India.
- 3.3Our Platform strives to ensure fairness and transparency. We use the Random Number Generator (RNG) process to power the Games offered as part of Our Services, the implementation of which has been certified by iTech Labs, a globally competent authority (ISO 17025 certified) for RNG verification and certifications. The RNG process uses an algorithm to generate random numbers to ensure that all players get cards selected randomly from a well-shuffled deck, and are dealt with fairly by the system without any bias. The tests were conducted in accordance with industry standards, on sufficiently large samples, and iTech Labs has found that the card sequences are unpredictable, non-repeatable, and uniformly distributed.
- 3.6When You register with Us, You agree to receive promotional or service messages from Us, and our affiliates, through SMS, email, call, and push notifications, in relation to tournaments, offers, and discounts (of various types and nomenclature e.g., GameCash). You may withdraw Your consent to receive such communications by sending an email to firstname.lastname@example.org.
- 3.7Internet connectivity issues at Your end, disruptions due to Your local internet environment, errors in the setup of software or hardware of Your device, or other factors not directly attributable to Us, are beyond Our control, and accordingly, You agree that We will not incur any liability for any halts, breaks, or interruptions in Your usage of Our Services on account of such issues.
- 3.8You agree that offers, discounts (of various types and nomenclature), tournaments may have additional terms and conditions applicable to such offers, discounts (of various types and nomenclature) and tournaments and You agree that you will abide by such additional terms and conditions as may be applicable.
- 3.9Winnings, discounts (of various types and nomenclature e.g., GameCash), and prizes, whether monetary or non-monetary, are unique to each player and are non-transferable. In the event You attempt to transfer any winnings, discounts (of various types and nomenclature) GameCash, or prizes, these will be forfeited at Our sole discretion.
- 4.1When You register with Us, You are required to choose a username which shall be your identity (“User ID”) on the Platform. Your chosen username is confirmed subject to availability and in compliance with these Terms.
- 4.2You are prohibited from creating or using multiple accounts on our Platform. If we detect multiple accounts for a single user, we may take penal action, including cancellation of all amounts in relation to Discounts on linked accounts, and suspension of the linked accounts.
- 4.3User IDs must not be indecent, objectionable, offensive, or unlawful. User IDs that are found to violate the intellectual property of any entity, reveal personal information, or be suggestive of an advertisement or promotional activity, may be rejected.
- 4.4Your User ID will remain active on the Platform unless We terminate or suspend Your access to the Platform for a violation of the Platform Policies in accordance with these Terms, or where You voluntarily delete Your Playship Account or Your Playship Account becomes inactive in accordance with Clause 11.
Game Formats and Rules:
- 5.1Playship provides the game of Rummy in various formats and variations on the Platform, including Cash Games and non-cash Games. We may increase or reduce the number of Game formats and variants offered on the Platform, at Our sole discretion.
- 5.2Group Games are a type of non-Cash Games that can only be played with users who are part of the same group on the Platform. Group Games may be created by any user by the formation of a group on the Platform, by sending invitations to Your contacts to join a group on Playship. The creator of a group retains control over the users who form a part of the group, and undertakes all responsibility in relation to the group, including the conduct of members therein. We do not exercise any control over the conduct of any members of a group, or any content made available therein, and accordingly disclaim all liability in this regard.
- 5.3“Non-cash Games” can be played by You using a token made available to you during the Game (“Chips”). Such Chips are not issued in exchange for money, and You may not Withdraw the Chips or any winnings from playing non-Cash Games.
- 5.4You agree to abide by the applicable Game Rules when playing Games on the Platform. You are required to ensure that You have read and understood the applicable Game Rules before playing any Game. The Game Rules form part of the Platform Policies and can be found on the ‘How to Play’ page of Our Services.
- 5.5We may, from time to time, make additional Games available on the Platform. The Platform Policies will govern all aspects of such newly introduced Games, and the relevant Game Rules for such new Game(s) will be made available to You.
- 5.6The results and winners of each of the Games are determined in accordance with the applicable Game Rules. By registering and/or participating in any Game You agree to these determinations, which shall not be open to challenge. We will post lists of winners on Our Platform following each Game.
- 5.7In case anything provided in the game rules/FAQ (suggestive or otherwise) as appearing over the Playship Platform are found to be in contrary to the Term, the Terms shall prevail to the extent of such contradiction.
Restrictions on the use of Our Services:
- 6.1You shall not upload, distribute, transmit, publish, share, display, or post any content through Our Services or through any service or facility including any Communication Feature provided by Us which:
- (a)belongs to another person and to which You do not have any right;
- (b)is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- (c)is harmful to a child;
- (d)infringes any patent, trademark, copyright or other proprietary rights;
- (e)deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- (f)impersonates another person;
- (g)threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
- (h)contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- (i)is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- (j)is otherwise objectionable or undesirable (whether or not unlawful);
- (k)is aimed at soliciting donations, Chips or other forms of help;
- (l)disparages Gameskraft or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or websites, in any manner;
- (m)promotes a competing service or product; or
- (n)violates any applicable law.
- 6.2The Communication Feature for a user may be immediately suspended without any warning where We are of the opinion that such user is indulging in any activity prohibited under Clause 6.1. above or elsewhere in the Platform Policies. This may also lead to suspension of the Playship Account of such a user. You may report any abusive or malicious behaviour by any other user to us by following the complaints procedure provided in Clause 16 below.
- 6.3You shall not host, intercept, emulate, or redirect proprietary communication protocols, used by Us, if any, regardless of the method used, including protocol emulation, reverse engineering, or modification of Our Services or any files that are part of it.
- 6.4You shall not frame Our Services, or impose editorial comments, commercial material or any information on Our Services, or alter or modify any content, or remove, obliterate or obstruct any proprietary notices or labels.
- 6.5You shall not use Our Services for commercial purposes, including but not limited to use in a cyber cafe as a computer gaming centre, network play over the Internet, or through gaming networks, or connection to an unauthorized server that copies the gaming experience offered by Us.
- 6.6You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer Your Playship Account, content, money, Chips, standings, rankings, ratings, or any other attributes appearing in, originating from, or associated with Our Services.
- 6.7Any form of fraudulent activity, including attempting to use or using any other person’s credit card(s), debit cards, net-banking usernames, passwords, authorization codes, prepaid cash cards, mobile phones for adding cash to the Deposit Segment, accessing or attempting to access the Services through someone else’s Playship Account is strictly prohibited. Where We become aware of or are of the opinion, at Our sole discretion, that You are indulging in such fraudulent activity, We may terminate Your Playship Account and notify the appropriate authorities, where relevant.
- 6.8If You are an officer, director, employee, consultant, or agent of Gameskraft, or a relative of such persons, You are not permitted to play either directly or indirectly, any Cash Games which entitle You to any prize, in the course of Your engagement with Playship. For the purposes of these Terms, ‘relative’ shall have the meaning ascribed to it in Section 2(77) of the Companies Act, 2013.
- 6.9You undertake that You will not permit any other person to access or use Your Playship Account and You will not use any form of external assistance to play the Games or indulge in any activity which violates the Platform Policies.
- 6.10You are prohibited from utilising Our Services for any restricted or unlawful purpose, including, attempting to launder funds available in Your Playship Account or deliberately losing money to a certain player(s).
- 6.11You shall not send spam emails to any other user on the Platform or any other form of unsolicited communication for any other purpose.
- 6.1You shall not upload, distribute, transmit, publish, share, display, or post any content through Our Services or through any service or facility including any Communication Feature provided by Us which:
Deposit, Payment, Refund, and Cancellation:
- 7.1All payments on the Platform will have to be made through Your Playship Account, by following the process indicated therein. Deposits made by You are credited to the Deposit Segment, Your winnings are credited to the Withdrawable Segment, and all GameCash is credited to the GameCash Segment. Your Playship Account also provides a record of all transactions made by You on the Platform.
- 7.2All transactions You make with Us shall be in Indian Rupees (INR). You are free to deposit funds in the Deposit Segment for the purpose of participating in Cash Games, subject to the following conditions-
- (a)You can only deposit up to INR 50,000 (Indian Rupees Fifty Thousand only) to the Deposit Segment in a single transaction; and
- (b)the monthly deposit limit set by Us with undertakings, indemnity, waiver, and verification conditions as We deem appropriate in Our sole discretion. We will notify You of any changes in the deposit limits on the Platform.
- 7.3The deposits made by You in the Deposit Segment are purely for the purpose of enabling Your participation in the Cash Games and do not carry or generate any interest or return.
- 7.4You cannot transfer any funds from Your Playship Account to the Playship Account of another registered user, except as may be permitted by Playship.
- 7.5You hereby represent and warrant that the payment instrument/mode used for adding cash to Your Playship Account belongs to You.
- 7.6Credit cards, debit cards, prepaid cash cards, and internet banking payments are processed through third-party payment gateways. Similarly, other payment modes also require authorization by the entity which processes such payments. You understand and agree that We are not responsible for delays or denials at their end. The processing of payments will be solely in terms of the applicable policies and procedures of the relevant third-parties, without any responsibility or risk at Our end.
- 7.7If there are any issues in connection with adding cash/depositing funds on the Platform, You may send a complaint to Us by following the complaints procedure provided in Clause 16 below.
- 7.8Once a payment/transaction is authorized and confirmed, and the funds are received by Us, the amount is credited to the Deposit Segment and is available for You to play Cash Games. You understand and agree that we are not liable in the event of Your credit being delayed or eventually declined, and You are required to follow up with the providers of the payment instrument You used to initiate the transaction.
- 7.9We have the right to cancel a transaction, at any time and at Our sole discretion, and if the relevant payment is successfully realised in such an event, the transaction will be reversed and the money credited back to the original source of payment.
- 7.10All funds collected from You are held in trust by Us and kept unencumbered in a specially designated escrow account.
- 7.11You may Withdraw all or any part of the Withdrawable Balance to Your Bank Account, which will be processed by means of an electronic bank- to- bank transfer such other mode as per your stated preferences and in accordance with Applicable Law.
- 7.12At the time of initiating a Withdrawal Request, You are required to provide Us with the details of the Bank Account to which the funds are to be credited, and such Bank Account must belong to You.
- 7.13A Withdrawal Request will be accepted by Us, subject to adequate KYC verifications, alignment with the deposit method, GameCash restrictions, and/or security reviews by Our automated systems and risk management team. You agree that all Withdrawals You make are governed by the following conditions:
- (a)You can Withdraw all or any part of Your Withdrawable Balance, subject to the levy of applicable processing fee (depending on the Withdrawal method), and applicable taxes.
- (b)You may Withdraw a minimum of INR 100 (Indian Rupees One Hundred only) and a maximum of INR 1,00,000 (Indian Rupees One Lakh only) per transaction. When Withdrawing funds, payment will be made to You either by electronic wire transfer, or any other manner in accordance with Your stated preferences and applicable law. We also reserve the right to disburse the amount to the financial instrument used to add cash to Your Deposit Segment.he foregoing limits on withdrawal may be changed or modified from time to time.
- (c)Withdrawal Requests shall, subject to Withdrawal restrictions specified in these Terms and the Platform, be processed post Your KYC verification. We may ask You for KYC documents at any stage to verify Your address and identity.
- (d)Discounts and promotional winnings are not directly Withdrawable and are subject to the terms and conditions applicable to their grant.
- 7.14On receipt of a Withdrawal Request, and subject to adequate KYC verification, We may disburse the amount specified in the Withdrawal Request by electronic means to Your Bank Account. We also reserve the right to disburse the amount to the financial instrument used to add cash to your Deposit Segment.
- 7.15We will attempt to process Your Withdrawal Request in a timely manner, but there may be delays due to the time required for the KYC verification, security checks, and other processes involved in completing the Withdrawal transaction. We shall not be liable to pay any form of compensation to You for the reason of such delays in processing Withdrawal Requests and remitting payments.
- 7.16You may request a Refund in the following instances:
- (a)where a Cash Game is cancelled on account of a technical issue or Service defect solely attributable to Gameskraft; or
- (b)where You discover a violation of the Platform Policies. Please note that in such a case, a Refund will be issued only when the Gameskraft risk management team, upon due investigation, discovers a violation of the Platform Policies by the players of a particular Cash Game that unduly prejudiced the user entitled to the Refund; or
- (c)any other reason as may be determined by Gameskraft in its sole discretion, from time to time
- 7.17Upon receipt of a Refund request from You, Your Refund request will be verified and where accepted, the Refund will be processed within two (2) weeks from the date of receipt of such Refund request and the requisite Refund amount will be added to Your Playship Account.
- 7.18When You request for cancellation of any ‘add cash’ transaction on Our Platform, We may process such cancellation request within two (2) weeks, subject to the cancellation request being made within two (2) hours of the ‘add cash’ transaction, additional checks and verifications being conducted where necessary, and there being no utilization of the added funds in the interim. Upon successful cancellation, the fund shall be credited to the original source used to add such funds.
- 7.19Your winnings may be disclosed to the relevant authorities, and requisite amounts may be withheld from payouts, in order to ensure compliance with applicable law and lawful requests from the government, regulatory bodies, or an order of any court of competent jurisdiction. It is solely Your responsibility to ensure due remittance of all the applicable taxes.
- 8.1We require users to undergo an online document verification (“KYC”) in the following scenarios:
- (a)where You place a Withdrawal Request of an amount exceeding the applicable limit as specified on the Platform;
- (b)where We suspect or have been notified that You have violated any of the Platform Policies;
- (c)where You have been identified to be in breach of the applicable add cash thresholds;
- (d)as may be required under Applicable Laws; and
- (e)as may be determined by the Company in its sole discretion from time to time
- 8.2As part of Our KYC process, Our automated system enables a mandatory process for users to upload documents pertaining to their Permanent Account Number (PAN) and Bank Account details.
- 8.3The KYC documents must be uploaded on Our Platform, and We do not accept submissions in any other form or manner.
- 8.4At the time of uploading the document on Our Platform, You must ensure the following:
- (a)documents are valid;
- (b)the document is clear and legible, and shared in a jpg, jpeg, or pdf format; and
- (c)documents are not password protected.
- 8.5The validation of KYC documents may take up to three (3) working days from the date of submission of the documents. We reserve the right to validate and/or reject the KYC documents at our sole discretion. You will be notified of the status of KYC verification on Your registered mobile number/email address and on Our Platform.
- 8.1We require users to undergo an online document verification (“KYC”) in the following scenarios:
Discount and Prize:
- 9.1To be eligible for GameCash or to win a prize on the Platform, You must be a resident of India and access the Services from within any part of India other than the Barred States. If You are not a citizen of India and are accessing the Services from within a permitted location in India, You will be able to use Our Services and win prizes or GameCash, and We will process Your Withdrawal Requests in INR to any Indian Bank Account in Your name (subject to KYC verification).
- 9.2When You add cash to the Deposit Segment, You may be allotted a certain GameCash depending on the existence of ongoing promotional offers. Such GameCash may be dependent on certain conditions, such as Your continued usage of Our Services or participation in Cash Games, and accordingly, a part of the GameCash may be utilised before or at the time of gameplay settlement. An amount net of such GameCash will be considered to have been collected from You in cash for the purpose of buy-in (including Service Fee). You understand that the GameCash must be utilised within the stipulated claim period, which may differ based on the ongoing offers. GameCash are issued at Our sole discretion and cannot be claimed by You as a matter of right. The release percentage/rate may vary depending on the offer, and the user. The GameCash shall have such limited validity as may be communicated to You at the time of its issuance. Please review the “How does GameCash work?” section on the Platform for further details on how the GameCash work on Playship.
- 9.3You agree that any discount offered by Gameskraft over Playship would be utilised firstly as a discount against the Service Fee.
- 9.4In the event, Your Playship Account is terminated by You voluntarily or by Us in accordance with these Terms, all GameCash and promotional winnings issued to You shall be forfeited by You and You shall have no further right or interest in such GameCash or promotional winnings.
- 9.5Any violation of the Platform Policies at any stage may result in disqualification from receiving the GameCash or promotional winnings.
- 9.6You may win prizes while playing Games on the Platform. Such prizes are subject to the specific terms and conditions communicated at the time of issuance of the prize.
- 9.7The amounts in the GameCash Segment are not redeemable for any other prize, nor can they be Withdrawn directly, or transferred to another user.
Service Fees and Taxes:
- 10.1Playship charges a Service Fee on each Cash Game played on the Platform by a user, which may vary depending on the nature of the Cash Game and is subject to change from time to time, as indicated in Clause 10.2 below. Playship reserves the right to levy different Service Fees for different Cash Games at its sole discretion.
- 10.2Users who fulfil certain specific criteria may, at the sole discretion of Gameskraft, receive discounts, or waivers from the Service Fee charged for a particular Game or a set of Games in line with the market conditions, business practices, and trade parlance, even after the conclusion of the Game(s). Accordingly, such post-facto Discounts by Gameskraft will reduce and reverse a part of the Service Fee applicable to a Game.
- 10.3Discounts may be granted to users on the basis of a number of parameters pertaining to usage of the Platform by the user, including the frequency of Games played, participation in tournaments or special Game types, overall winnings, conduct on the Platform, players referred to the Platform, etc.
- 10.4It is clarified that all forms of Discounts, promotional winnings and rebates offered by Gameskraft to a user shall be first applied to the Service Fee charged by Gameskraft, and Gameskraft has the right to reduce and vary Discounts and promotions accordingly. Further, such Discounts and promotions may be subject to specific conditions, such as usage only in specific types of Games, or restricted usage only after the expiry of a predetermined time period, etc.
- 10.5Details pertaining to each Game transaction, including the applicable Service Fee for that Game, will be accessible by You on an information panel made available to You before You initiate a Game. The Service Fee charged shall be inclusive of the Goods and Services Taxes, at the rates mandated under applicable law. Variations to Service Fees in the manner set out in this Clause 10, may impact the overall transaction details of a Cash Game, including the taxes applicable thereon, and hence You are advised to periodically check the information panel. If You require any further information on any aspect of the Service Fee, including the tax components thereof, You may write to us at email@example.com
- 10.6All Cash Games are subject to applicable taxes and levies. We are legally mandated to deduct tax at source (“TDS”) on winnings (net of buy-in) of more than INR. 10,000/- (Indian Rupees Ten Thousand only) in a Cash Game, as the case may be. In these cases, You will be required to furnish Your PAN. Accordingly, a TDS at the rate of thirty (30) per cent (excluding cess) will automatically be deducted from such winnings and the remainder will be credited to the Withdrawable Segment. These limits and rates are subject to change as per the applicable laws. Playship’s obligation in this regard is limited to deducting TDS as required by law and providing You with an appropriate certificate of tax deduction. We reserve the right to verify Your PAN from time to time and to cancel any prize should Your PAN be found inconsistent in Our KYC verification process. We shall have no liability or responsibility in connection with Your personal taxation matters.
- 10.7Tax invoice and credit note: In case a user wishes to obtain his/her copy of tax invoice and/or credit note containing the prescribed particulars as per Goods and Services Tax Act and the rules provided thereunder, in respect of a particular gameplay, such tax invoice / credit note shall be provided to the said customer on receipt of a specific request raised with us.
Termination, Suspension, and Opt-out:
- 11.1If You do not log in to Your Playship Account at least once in a twelve (12) month period, Your Playship Account shall be considered inactive and a maintenance fee of INR 250 per year may be chargeable against any funds remaining therein (“Inactive Account Fee”).
- 11.2We reserve the right to suspend or terminate Your Playship Account if We find that You are violating any of our Platform Policies, or breaching/attempting to breach the security of Our Services in any manner, Your Playship Account may be terminated immediately and any prize, GameCash, promotional winnings, or funds therein may be forfeited.
- 11.3In the event, Your Playship Account is terminated by Us in accordance with Clause 11.2, You will-
- a.not be permitted to use Our Services, thereafter, from the mobile number, PAN, and Bank Account linked to the terminated Playship Account; and
- b.be permitted to Withdraw the Withdrawable Balance, subject to applicable restrictions in the Platform Policies.
- 11.4Further, if We find that a user is breaching/attempting to breach Our security or privacy protocols, We may, following an internal investigation, decide to undertake a range of remedial actions, depending upon the severity of the detected breach which may include the following:
- a.stop access and usage of Our Services, indefinitely, by such user;
- b.permanently terminate such user’s Playship Account;
- c.restrict Withdrawals for such user;
- d.demand compensation for the damages to Our Services that occurred because of the breach and prosecute a user for any violation of the law and the Platform Policies if need be; and
- e.prohibit the user from registering with Us in the future.
- 11.5If We have been instructed or made aware of a cyber fraud or any other fraudulent activity related to a user’s Playship Account by a governmental, police or any law enforcement authority or agency, then We reserve the right to (a) suspend Your Playship Account; and (b) transfer any funds lying in Your Playship Account to such Bank Account as may be instructed by the governmental, police or any law enforcement authority or agency. We also reserve the right to block any and all Withdrawals from Your Playship Account upon instructions from the governmental, police or any law enforcement authority or agency.
- 11.6We may attempt to validate Your Playship Account via call or email. In the event that We are not able to get in touch with You on the first occasion, We will make subsequent attempts to establish contact with You. In cases where the phone number and email address provided by You is incorrect, We bear no responsibility for Your access and use of the Services being interrupted. In case We are unable to reach You or if the validation is unsuccessful, We reserve the right to disallow You from logging onto Our Services or reducing Your play limits and/or add cash limits till such time We are able to satisfactorily validate Your Playship Account. In such an event, We will notify You via email of the next steps regarding Your Playship Account validation. We may also ask You for proof of identification and proof of address from time to time. Where Your access to Your Playship Account is limited or access to Our Services is restricted as a result of unsuccessful Playship Account validation, We may take seven (7) working days to reinstate complete access to Your Playship Account and Our Services upon successful validation. In the event that We have made several unsuccessful attempts to reach out to You, We reserve the right to terminate Your Playship Account and refund Withdrawable Balance, if any. We will not be liable for any claim, damage or loss accruing to You from such termination or restriction.
- 11.7You are free to discontinue using Our Services at any time by sending Us an email indicating such intention, at firstname.lastname@example.org (“Discontinuation Request”). If at such time, there is a positive Withdrawable Balance and/or funds in Your Deposit Segment, We will disburse the same to You by electronic transfer in accordance with these Terms, subject to any applicable charges.
Your Representations and Warranties:
- 12.1You represent that:
- a.You are eligible and competent to enter into transactions with other users and Gameskraft.
- b.Any information You provide to Us at any time during the access and use of Our Services, whether at the stage of registration or any time thereafter is correct, complete, up-to-date, and accurate. We shall not be liable against any claim relating to the accuracy, completeness, and correctness of any information You provide Us. We may, at any time and at Our sole discretion, require You to verify the correctness, completeness, and accuracy of such information, and to that extent require You to produce additional documentary proof. Where You fail to provide Us with valid documentary proof, We reserve the right to limit Your access and use of Our Services.
- c.You will protect the information You provide Us, including Your password used to avail of Our Services. We will never require You to enter or disclose Your Playship Account password, except at the time of logging on to Our Services. You must never share Your Playship Account login information with anyone, including any other user of Playship or any representative of Gameskraft. You specifically understand and agree that We will not incur any liability for information provided by You to anyone which may result in Your Playship Account being exposed or misused by any other person.
- d.You have the required legal rights in relation to any content that You may transmit, upload, or otherwise make available on the Platform, and such action of Yours shall not violate the intellectual property rights of a third party.
- e.You shall use Your Playship Account solely for the purpose of playing the Games offered through Our Services, and not to launder funds or commit any other unlawful or prohibited activity.
- f.Prior to adding cash to the Deposit Segment or participating in Cash Games, You shall be responsible to satisfy Yourself about the legality of playing Cash Games in the jurisdiction from where You are accessing Cash Games.
- g.You have the experience and the requisite skills required to play Games on the Platform and that You are not aware of any physical or mental condition that would impair Your capability to fully participate in such activity.
- h.You are aware that playing Cash Games may result in financial loss to You. With full knowledge of the facts and circumstances surrounding this activity, You are voluntarily choosing to play Games, and accordingly assume all responsibility for and risk resulting from Your participation in any Cash Game or other activity on the Platform, including any financial loss. You understand that Gameskraft shall not be liable for any financial loss that You may sustain as a result of Your use of the Platform. You agree to indemnify and hold Gameskraft, its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with Your use of the Platform.
- i.You understand and accept that Your participation in a Game does not create any obligation on Us to give You a prize. Your winning a prize is entirely dependent on the outcome of the Game, and Your skill as a player vis-à-vis other players in the Game, and is further subject to the Platform Policies.
- 12.2Gameskraft is not responsible for Your inability to access or play any Game or event in which You may be eligible to participate, irrespective of the cause of such inability. This includes situations where You are unable to log into Your Playship Account or the same may be pending validation or You may be in suspected or established violation of any of the Platform Policies.
- 12.1You represent that:
Content and Advertisements:
- 13.1You are solely responsible for any content that You transmit, upload, or otherwise make available on Our Services. By publishing any content on Our Platform, You agree to grant Us a royalty-free, worldwide, non-exclusive, perpetual, and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, and publicly display Your content, and to use such content in any related marketing materials produced by Us or Our affiliates. Such content may include, without limitation, Your name, username, profile picture, and other information provided on the Platform.
- 13.2By accessing or using or availing any part of Our Services, including the Communication Feature, You may be exposed to content posted by other users, over which Gameskraft has no control. If You find any aspect of such content offensive or unlawful, You may bring such content to Our notice, and We shall take appropriate remedial actions in accordance with applicable law.
- 13.3We may place certain promoted or sponsored content on Our Platform (directly or via links to other sites or resources) in conjunction with third parties. We make no warranties with respect to such content and neither do we endorse any information contained therein. We shall not be liable to You for such promoted or sponsored content, and Your interaction with such content or third-party resources shall be solely at Your own risk.
- 13.4We may use any content in relation to the Games played on the Platform, including recordings of the gameplay, for Our corporate and marketing purposes, and accordingly, You acknowledge, agree, and consent to our right in this regard.
Disclaimer, Indemnity, and Limitation of Liability:
- 14.1Gameskraft is not liable for any claim, loss, injury, damages, expenses, or lost profits or winnings, incurred by You in connection with Your use of the Services.
- 14.2Notwithstanding anything to the contrary contained in the Terms, You agree that Our maximum aggregate liability for all Your Claims against Us, in all circumstances other than for valid Withdrawal, is limited to the Service Fee less GameCash and other promotional amounts, paid to Us over the preceding three (3) months.
- 14.3You are solely responsible for any consequence resulting from Your use of the Platform, and You understand that We assume no liability or responsibility for any financial loss that You may sustain in this regard.
- 14.4You agree to indemnify and hold harmless Gameskraft against any claims, actions, suits, damages, penalties, or awards brought against Us by any entity or individual in connection with or in respect of Your use of the Services.
- 14.5The Platform is offered by Gameskraft on an as-is basis and Gameskraft makes no implied warranties, with respect to the Service. All implied warranties of merchantability and fitness for a particular purpose or use, are disclaimed. No one is authorized to make any warranty on Our behalf, and users may not rely on any other statement of warranty. However, where we receive adequate notice of an error in Our Services, We shall take prompt steps to rectify the same.
- 14.6Gameskraft expressly disclaims all responsibility and liability for any harm, damages, or loss resulting from Your participation in, or cancellation of, any Game, any activity or transactions with third parties whom You may have connected to through Our Services, and any user-generated content, including any violation of intellectual property rights with respect to such user-generated content.
- 14.7A failure by Us, to insist upon strict performance of any of the provisions herein or to exercise any option, right or remedy contained herein, shall not be construed as waiver or relinquishment of such provisions, option, right or remedy. No waiver of any provision hereof shall be deemed to have been made unless expressed in writing and signed.
- 14.8The latest version of the Platform Policies, as published on the Platform, contains the entire agreement between You and Us regarding the access to and use of Our Services, and supersedes all prior agreements including prior versions of the Platform Policies.
Intellectual Property Rights:
- 15.1Gameskraft and/or its affiliates, as the case may be, exclusively owns all rights and intellectual property of any type throughout the world, including but not limited to patents, trademarks, domain names, trade names, service marks, copyrights, software, trade secrets, industrial designs, and know-how in the Platform and Services, and the underlying technology and documentation therein (“Gameskraft Intellectual Property”).
- 15.2Upon validly registering on the Platform, You are granted a limited right to use Our Services in accordance with the Platform Policies, and You have no right, ownership, title, or interest in the Gameskraft Intellectual Property.
Complaints and Disputes:
- 16.1If You have any complaint or grievance relating to any aspect of the Services, You may approach Our customer care and grievance redressal team for the resolution of such issues by writing to email@example.com
- 16.2You agree that all complaints and disputes at Playship are to be kept confidential. We will endeavour to resolve all grievances within a reasonable time period, as mandated under applicable law. Any decision taken by Us relating to any complaint will be binding on the user.
- 16.3The following are the details of Our grievance officer:
Name: Yogenderan Suriya
Designation: Grievance Officer
Email address: firstname.lastname@example.org
Governing Law, Dispute Resolution & Jurisdiction:
- 17.1The Platform Policies are governed by and shall be interpreted in accordance with the laws of India.
- 17.2Subject to Clause 17.3, any dispute, controversy, or claim against the Us or arising out of these Platform Policies shall be subject to the exclusive jurisdiction of the civil courts at Bengaluru, Karnataka.
- 17.3In the event of any legal dispute arising in relation to any aspect of the Platform Policies, or the use of our Services by You, You must provide written notification to Us of the dispute and relevant details. We shall attempt to resolve the dispute through discussions with You, and where such resolution fails to be concluded within thirty (30) days, the dispute may be referred to arbitration. The arbitration shall be conducted before a tribunal of three (3) arbitrators wherein both the Company and You shall be entitled to appoint one (1) arbitrator each and the two (2) arbitrators shall jointly appoint the third arbitrator. The place of arbitration shall be Bangalore, Karnataka, and the arbitration proceedings shall be conducted, in English, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The award arising from such arbitration proceedings will be final and binding on the parties, and each party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise.
- 17.4Notwithstanding anything in Clause 17.3, Gameskraft shall be entitled to seek and obtain from a court of competent jurisdiction, an interim or permanent equitable or injunctive relief, or any other relief available under applicable law, to safeguard its interest, at any time during the pendency of a dispute with You or any other person, and such pursuit of relief shall not constitute a waiver of the arbitration process mandated herein.
Gameskraft is concerned about Your health and well-being, and we constantly take measures to improve the well-being of our users. You are advised to follow Our Responsible Gaming Policy to maximise Your health and safety while engaging in online gaming, which is accessible here.
Last updated on April 8, 2022