ZeroRummy - Rummy without commissions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PLAYING ANY MOBILE GAMES OR/AND USING THE KIRSH PLATFORM.

If You do not agree with any part of these Terms of Use or/and Privacy Policy, kindly refrain from playing any Mobile Games or otherwise using Our services on the Platform.

1. Introduction

1.1 Kirsh Private Limited is an Indian company incorporated under the Companies Act, 2013. Kirsh operates a mobile gaming portal in India, which offers various skill and learning based digital games developed by itself and other promotional and interactive features through its various web portals, partner websites, mobile applications and other portals.

1.2 Capitalized terms used herein but not defined shall have the meanings ascribed to them under Clause 1.9 (Definitions and Interpretation) of this Agreement.

1.3 This Agreement (defined hereunder) shall apply to all Persons who visit the Platform or create a player Account including any contributors of content over the Platform, and/or any third party interacting with Kirsh, directly or indirectly in official capacity or having/intending to have business or commercial relationships with Kirsh, whatsoever (Users, You or Your) as applicable.

1.4 These are the ZeroRummy Terms of Use which form a legal and binding agreement between Kirsh Private Limited and Users. Any person (User/ Player) accessing https://zerorummy.in (Website)and ZeroRummy mobile application (App) including any sub-domains of the Website, or related top-level domains including mobile sites, apps, APIs and widgets (hereinafter collectively referred as "Kirsh Platform", or "Platform"), and any information, text, graphics, video, sound, pictures, and any other materials appearing, sent, uploaded, communicated, transmitted or otherwise made available via the above mentioned Platform (jointly referred to as Content) for participating in various games available on the Kirsh Platform (Kirsh Services or Services) shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by Kirsh in relation to any Services.

1.5 You acknowledge and agree that by using, browsing or otherwise accessing the Platform and Services, you agree to be bound by these Terms and our Privacy Policy (see here). You acknowledge that we provide use and access to our Platform services to you subject to these Terms. You agree and acknowledge that you have completely read and understood these Terms and the Privacy Policy, incorporated herein by reference, as amended from time to time.

1.6 We reserve the right to change any of the terms of use for using Kirsh Platform or Kirsh Services at any time by publishing new terms of use. Kirsh may, at its sole discretion, also notify the User of any change or modification in these rules, regulations and terms of use referred to herein or provided by Kirsh, by way of sending an email to the User's registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified rules, regulations and terms of use referred to herein or provided by Kirsh. If such options are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified rules, regulations and terms of use referred to herein or provided by Kirsh.

1.7 Participation in any game on the Kirsh Platform or viewing of certain content may be subject to further terms and conditions as may be notified by us from time to time on the Website or otherwise. You should ensure that you have read and understood the rules and regulations of the games, contest, tournament available through the Kirsh Platform. You agree to be bound by and abide by the rules and regulations of each of the Games as published and periodically changed by Kirsh.

1.8 Kirsh may, at its sole and absolute discretion:

1.8.1 Move or remove any content that is available on Kirsh Platform;
1.8.2 Establish general practices and limits concerning use of Kirsh Platform
1.8.3 Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment, intimation of such assignment shall be sent to all Users to their registered Email Ids).

1.9 Your use of information on our Platform including results, fixture lists, statistics, data and news posted on our Platform is at your own risk. Other than as expressly set out in these Terms and to the extent permitted by law, we make no warranty as to the accuracy or reliability of the information contained on our Platform or in our publications (including, but not limited to, any content or information generated on our Platform by or on behalf of us, and any Third-Party Content on our Platform). We and our related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our Platform or publications.

2 Definitions

Agreement shall mean these Terms of Use, the Privacy Policy and any other rules or policies available on the Platform including all'other additional or modified terms and conditions and policies in relation to the Platform or any current or future services that may be offered by Kirsh. This Agreement is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines) Rules, 2011. This Agreement is an electronic record generated by a computer system and does not require any physical or digital signatures.
Applicable Law means all laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, orders, permits, tariffs and approvals, including those relating to health and safety, of any governmental authority or self-regulatory guideline that may apply to the Users or is related to the subject matter of this Agreement as applicable in the territory of India.
Balance is the credit (either in the form of cash or Kirsh Tokens) available in an Account and includes amount added by a User through Deposits or/and earned through Winnings by participating in Contests on the Platform.
Bonus Money shall have the meaning as set forth in Clause
Contest is a skill based competition offered by Kirsh on the Platform in which Users compete either in a tournament or 1v1 battle by playing the Mobile Games on the Platform. Contests can be either 'paid' or 'free to play'. Paid Contests require the Users to pay an Entry Fee for participation, whereas free to play Contests are open to all Users without ant Entry-Fee.
Contribution shall mean
Deposit is the amount added by the User to his/her Account through his/her preferred payment mode (e-wallet, debit/credit cards, UPI/BHIM, net banking). The Deposit conversion ratio is INR. 1/- (Rupees One Only) = INR 1 (one).
Entry Fee refers to the fee which Users pay either in the form of cash Balance or Kirsh Tokens available in their Account to participate in a Contest on the Platform.
Mobile Games refers to skill games hosted inside ZeroRummy app hosted on the Kirsh Platform.
Person shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under the Applicable Law.
Platform Fee shall have the meaning as set forth in Clause
Play Money shall have the meaning as set forth in Clause
Prize Money Pool is the actual or projected amount that is to be distributed amongst the winner(s) of the Contest and is declared at the start of the Contest.
Sponsored Content means content distinct from other regular editorial content provided by Kirsh, and displayed on the Platform in the form of audio, video, text and/or image media which supports a third party's brand message, promotional offers, discounts and/or views that are readily identifiable to belong to a third-party upfront through distinct and distinguishable font, colour, display schemes and/or usage of disclaiming words (such as "Ad", "Powered by", "Sponsored by", "With", "Advertorial" and such other phrase of similar meaning).
Sponsored Content Partner means a User engaged with Us for the display of Sponsored Content on the Platform.
Winnings comprises of the money won by the Users by winning the Game/Contest(s); on the Platform.

3. Interpretation

3.1 Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided for.

3.2 Headings and captions are used for convenience only and not for interpretation of the Agreement.

3.3 Any reference to a natural Person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic Person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.

4. Description of Services Offered

4.1 Kirsh gives Users, in compliance with these Terms of Use, a personal, royalty-free, non-assignable, non-exclusive and revocable limited license to use the Platform that is provided as part of the Services. This license is for the sole purpose of enabling the own personal private use from Users to play game of skill as provided by Kirsh, in the manner according with by these Terms.

4.2 Subject to your compliance with these Terms of Use, Kirsh grants you a limited, non-exclusive, non-transferable, non-sub licensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

4.3 The Services may change or be modified from time to time without prior notice or communication. Kirsh reserves the right to change, modify or delete the Kirsh Platform or Kirsh services, information, and Terms listed thereon at any time without prior notice.

4.4 The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by Kirsh on the Services are subject to change.

4.5 When access games are included in the Services, the specific rules, scoring, controls and guidelines for each game can be found within the game itself. Such rules are an integral part of the Terms, with which Users shall agree and comply.

4.6 Any charges levied on Users for accessing the Services, including but not limited to internet connection and/or mobile or data charges are solely the responsibility of such Users.

5. Registration

5.1 In order to access the Kirsh website or fully utilize the Platform offered by Kirsh, a User is required to register on the Platform. You are not authorised to access any of our Platform, until you have been granted an Account (defined below, at Clause 5.1.2).

5.2 If you wish to become a registered User, you will need to create an account ("Account") on our Platform. Each User is only permitted to open one account. Kirsh reserves the right to terminate or suspend any duplicate accounts.

5.3 In order to apply for an Account, Kirsh may require you to complete a form and provide certain details, as provided below, in accordance with the instructions on the Website / App:

Full Name
Team Name(s)
E-mail address
Password
State of Residence
Gender
Date of birth

5.4 You can also register or log in through your Google or personal e-mail address. You may also be required to provide your mobile number for verification purposes and verify such mobile number using a one-time passcode sent to your mobile number. Permission to open the account shall be determined by Kirsh or its representatives, in their sole discretion. We may refuse to grant an application for an Account made by any person without giving a reason for such refusal. You agree and acknowledge that the decision of Kirsh in this regard shall be final.

5.5 Persons who wish to register an Account must have a valid e-mail address, mobile number, PAN card & bank account.

5.6 You must be over 18 years of age and a resident of India to access and/or use our Platform and create an Account with us. We reserve the right to request proof of age at any stage to verify that minors are not using the Platform and we may exclude a person from accessing or using the Platform, if proof of age is not provided or if Kirsh suspects that a person doing so is under the age of 18 years. Parents and guardians should monitor their children's / wards online activities and consider using parental control tools available from online services that help provide a child an amicable online environment. These tools can also prevent children from disclosing any personal information without parental permission.

5.7 You agree to provide true, accurate, current and complete information at the time of registration and at all other times. You agree to update and keep updated all information provided for the purposes of registration. You undertake that all information provided by you from time to time is true, accurate, current and complete to your personal knowledge.

5.8 Upon grant of the Account by us, your Account will be created, and you will be able to use our Platform and play the Game(s). You agree and acknowledge that such Account can be terminated by us by giving notice to you, for any reason deemed fit by Kirsh.

5.9 You represent and warrant to us that, throughout the course of your usage of our Platform, you will not permit other persons to access or use your Account. If you permit other persons to access or use your Account, you do so at your own sole risk as to any consequences. You further agree and accept that you shall not access or use the Platform through the account of another User.

5.10 If it comes to the knowledge of Kirsh that a User is operating multiple accounts, in such case Kirsh reserves the right to restrict or ban such User's accounts, at its sole and absolute discretion and without any notice. Any balance in such User's accounts is liable to be forfeited by Kirsh.

5.11 You may also be required to verify any credit card / bank account you use to deposit funds, and also any bank account you want to withdraw to.

5.12 By accepting these terms and conditions upon registration, you give consent to Kirsh to disclose your personal information provided to us to a third-party agency to assist in verifying your identity. The third-party agency may prepare and provide Kirsh with such an assessment and may use your personal information including the names, residential addresses and dates of birth, financial information etc. for the purposes of preparing such an assessment. Please refer to our Privacy Policy in this regard.

5.13 You acknowledge that your participation in any Game(s) available on the Platform is purely voluntary and at your sole discretion and risk.

6. Platform not offered in Assam, Odisha, Telangana, Nagaland, Andhra Pradesh and Sikkim

6.1 Kirsh may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Game(s). Currently, individuals residing in the Indian states of Assam, Odisha, Telangana, Nagaland, Andhra Pradesh and Sikkim are not allowed to participate in the paid version of the Game(s) as the laws of these states bar persons from participating in games of skill where Users are required to pay to enter.

6.2 You agree and acknowledge that we may monitor or use certain technologies and monitoring of activities including logging of your IP address to ascertain and verify your geographical location. As a final check, we also use the bank details as address proof during KYC approval.

6.3 Kirsh does not allow the Users residing in the aforesaid Indian states to create an account. Users agree and acknowledge that if a person residing in such Indian state becomes a User by giving false information, the liability shall be solely on the User and Kirsh reserves the right to delete/remove such Account without any notice and such User shall not have any right to redeem or demand the Account balance of such Account.

6.4 You agree and accept that Kirsh shall not be liable or responsible for the breach of applicable state laws by any User. There may be applicable penalties imposed on such User by the respective State Governments or the Central Government of India as the case maybe.

6.5 Users from all Indian states have to always ensure that they are complying with the applicable state laws and we will attempt to post any changes that we seem appropriate to better educate the Users. You agree and acknowledge that our decision in this regard will be final and binding, and no consideration, whatsoever, will be extended to the User.

7. Mobile Games played on the Kirsh Platform do not qualify as Gambling or Lottery

7.1 All the games hosted on the Kirsh Platform are Games of Skill (defined below) under the Applicable Law, and we do not support, endorse or offer to Users games of chance for money.

7.2 The Mobile Games available on the Platform are games where the success or/and performance of the Users depends predominantly upon their superior knowledge, training, attention, experience and adroitness ("Games of Skill") in playing the game. Games of Skill, under the Applicable Law, are excluded from the ambit of gambling legislations including, the Public Gambling Act of 1867 and other state enactments except in the Restricted States.

7.3 Games of skill are considered to be those games where the impact of a player's effort and skill on the outcome of a game is higher than the impact of luck and chance.

7.4 Each Mobile Game on the Kirsh Platform will reward certain skills, such as knowledge of the game, familiarity with rules, experience, reflexes, experience, practice, hand-eye coordination etc.

7.5 As per Section 2(3) of The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, the definition of Games of Skill is reproduced as under: "Games of Skill shall include all such games where there is preponderance of skill over chance, including where the skill relates to strategizing the manner of placing wagers or placing bets or where the skill lies in team selection or selection of virtual stocks based on analyses or where skill relates to the manner in which the moves are made, whether through deployment of physical or mental skill or acumen." Explanation: For the purpose of this Act-All Games provided in Schedule A of this Act shall fall under the category of Games of Skill. Games which have been declared or determined to be games of skill by India or International courts or other statutes, or games where there are domestic and international competitions and tournaments, or games which can be determined to be games of skill shall further be entitled to be included in Schedule . Games of skill may be (a) Card based and (b) action/virtual sports /adventure/ mystery and (c) calculation/Strategy/quiz based. The Supreme Court of India in the case of Dr. K.R. Lakshmanan vs. State of Tamil Nadu and Anr on 12 January, 1996 reported at AIR 1996 SC 1153; 1996 SCC(2) 226 wherein the word Games of Skill has clearly been stated which is reproduced as under:"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 dominant element "skill" or "chance" which determines the character of the game". Each Mobile Game available on the Platform has clearly defined rules and code of conduct. All Users are encouraged to read, understand and follow these rules to be successful in these games. Kirsh shall not be liable if Users do not adhere to the Game Rules or otherwise engage in gambling or betting activities on the Platform.

7.6 The Supreme Court of India in the case of Dr. K.R. Lakshmanan vs. State of Tamil Nadu and Anr on 12 January, 1996 reported at AIR 1996 SC 1153; 1996 SCC(2) 226 wherein the word Games of Skill has clearly been stated which is reproduced as under:"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 dominant element "skill" or "chance" which determines the character of the game".

7.7 Each Mobile Game available on the Platform has clearly defined rules and code of conduct. All Users are encouraged to read, understand and follow these rules to be successful in these games. Kirsh shall not be liable if Users do not adhere to the Game Rules or otherwise engage in gambling or betting activities on the Platform.

7.8 ZeroRummy as a Skill Based Game.

ZeroRummy is a game of skill, where the outcome and success in the games are directly dependent on the user's strategic thinking, decision-making, and card management. The actions taken by users have a direct impact on the game.
While every game may have some elements of chance, these can be substantially minimized through the use of skills and knowledge of rummy strategies.
Strategies that can be used: 1) Arrange your cards into possible sequences and sets right from the start. 2) Keep track of the cards being picked and discarded by your opponents to gauge their hand. 3) Discard high-value cards early if they don't fit into your sequence or set to minimize points in case of a loss. 4) Form a pure sequence as soon as possible, as it is a mandatory requirement for a valid declaration. 5) Use the Joker card wisely to complete your sets and sequences. 6) Observe and adapt to your opponents' gameplay to modify your strategy accordingly. 7) Play practice games to sharpen your skills and strategies.

8. Security

8.1 Access to your Account and to add, to delete or modify any content on your Account is password protected. You must memorise your password or store your password in a safe and secure place. You agree that you will not disclose your password to anyone or allow any other person to access or use your Account. We are not responsible if your Account is accessed or opened by other persons using your password. You shall be held solely responsible and liable for all of your activities on the Platform made from your Account.

8.2 You understand that it is your obligation to protect the information you have provided on the Platform including, but not limited, to Usernames, passwords, email addresses, contact details, bank account information etc. You explicitly understand and agree that we will not incur any liability for information provided by you to anyone which may result in your Account on the Platform being exposed or misused by any other person or any other harm or loss being suffered by you.

8.3 You should routinely check the Account Balance section of your Account to ensure that there has been no unauthorised use of your Account. If you suspect any unauthorised activity, you must change your password immediately and contact support@kirshgames.com.

9. User Conduct

9.1 In accessing or using Our Platform You agree that You will not:

use any automated device, software, process or means to access, retrieve, scrape, or index our Platform or any content thereon without our express prior written consent;
use any device, software, process or means to interfere or attempt to interfere with the proper working of our Platform;
undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate site usage;
use or index any content or data on our Platform for purposes of competing with us in any manner that we have not specifically authorised; transmit spam, chain letters, Games, junk email, surveys, or other mass messaging, whether commercial in nature or not;
use our Platform or any content there from in any manner which is, in our sole discretion, not reasonable and / or not for the purpose it is made available;
violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
act in violation of any Term or condition of use our Platform;
reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Platform or any content thereon, except as expressly authorised by us; or
transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

9.2 If you choose to submit any content by way of question on the Platform, you hereby warrant that no contribution or uploaded content shall:

be considered to be unlawful, threatening, abusive, bigoted, hateful, libellous, tortious, blasphemous, false or misleading, discriminatory, defamatory, obscene, vulgar, offensive, excessively violent, invasive of another privacy, publicity, contract or other rights, pornographic or inclusive of nudity, paedophilic, profane, sexually explicit, indecent, racially, ethnically objectionable, disparaging, relating or encouraging money laundering, or otherwise unlawful in any manner whatsoever;
constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law;
constitute or contain false or misleading indications of origin or statements of fact;
contain any information, software or other material of a commercial nature;
contain advertising, promotions or commercial solicitations of any kind;
harass or harm another person;
exploit or endanger a minor;
impersonate or attempt to impersonate any person or entity;
belong to another person and to which you do not have any right to;
threaten the unity, integrity, defence, security or sovereignty of the territory, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

9.3 As it concerns the content uploaded by you, without prejudice to your obligation to otherwise comply with applicable laws during the course of using the Platform, you agree to hereby comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on the Platform.

9.4 The Users admit that they may be exposed to content posted by other Users which they may find offensive, obnoxious or indecent and that we may not be able to prevent such content from being posted. Such content should be brought to our notice. We shall act upon the information as we deem acceptable. The decision taken by the management of the Company in this regard shall be final and binding on the User and you specifically agree that we shall not incur any liability under any circumstance whatsoever regarding the same.

9.5 We reserve the right to prevent unauthorised access to or use of our Platform, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

9.6 In the event, we have reasonable grounds to believe that your activities include any of the acts specified above, we may initiate appropriate legal action against you as well as notify the relevant regulatory or law enforcement authorities where appropriate in addition to any other available remedies under law or equity, apart from restricting or suspending or terminating your use of the Platform.

9.7 You shall not purchase, sell, assign, trade, rent, loan, lease, license, grant a security interest in, or transfer your Account, any content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Platform.

9.8 Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, Kirsh may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:

restricting, suspending, or terminating any User's access to all or any part of Kirsh Services;
deactivating or deleting a user's account and all related information and files on the account. Any amount remaining unused in the User's Game account or Winnings Account on the date of deactivation or deletion shall be transferred to the User's bank account on record with Kirsh subject to a processing fee (if any) applicable on such transfers as set out herein; or
refraining from awarding any prize(s) to such User.

9.9 Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Kirsh). Users further agree to update and keep updated their registration information.

9.10 Users agree to ensure that they can receive all communication from Kirsh by marking e-mails or sending SMSs from Kirsh as part of their safe senders list. Kirsh shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User's junk or spam folder.

9.11 If a User chooses a Username that, in Kirsh considered opinion is obscene, indecent, abusive or that might subject Kirsh to public disparagement or scorn, Kirsh reserves the right, without prior notice to the User, to change such Username and intimate the User or delete such Username and posts from the Kirsh Platform, deny such User access to the Kirsh Platform, or any combination of these options.

9.12 Unauthorized access to the Kirsh Platform is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access the Kirsh Platform by any means other than through the interface that is provided by Kirsh for use in accessing the Kirsh Platform. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

9.13 Use of the Kirsh Platform is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Kirsh's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users use of the Kirsh Platform.

9.14 Kirsh may not be held responsible for any content contributed by Users on the Kirsh Platform.

10. Payment Terms

In respect of any transactions entered into on the Kirsh platform for playing game and contest(s), Users agree to be bound by the following payment terms:

10.1 Contribution: For participating in the game, User will pay Contribution which will be inclusive of the following:

Pre-designated Platform Fee (as defined in Clause hereunder) for access to Kirsh Services (such platform fee is inclusive of applicable GST); and
Pre-determined contribution towards the Prize Money Pool of such game/contest, which will be passed on to the winner(s) of the game/contest after the completion of the game/contest as per the terms and conditions thereto.

10.2 Kirsh reserves the right to deny its services to any User at its sole and absolute discretion.

10.3 Users by participating in any games on the Kirsh Platform hereby authorize and appoint [-] as their payment collection agent to collect and manage Users funds, for and on their behalf ("Agent"). For operational convenience, the Users' directions (for collection and settlement of payments) will be communicated to the Agent through Kirsh (which will transmit the Users' instructions to the Agent as is).

10.4 Kirsh at its own discretion can also contribute to such Prize Money Pool from its own resources. Unless specifically identified in these terms, it is clarified that Kirsh 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 Terms of Use.

10.5 Subject to these Terms of Use, all amounts collected from the User are held in separate non-interest earning bank accounts with an Agent. The said accounts are operated by a third party appointed by Kirsh in accordance with these Terms. From these bank accounts, the payouts can be made to (a) Users, towards their withdrawals of Winnings or Play Money (as defined in Clause hereunder); (b) Kirsh, towards its Platform Fees (as defined in Clause hereunder); and (c) to the Government, towards TDS on amounts won. The Agent shall receive and hold the amounts of the Users in trust as a trustee of and for the benefit and use of the Users.

10.6 Platform Fee Information

Kirsh receives only its share of the Platform Fees through the said Agent and has no control over the User funds held by the Agent in the dedicated non-interest earning escrow account.
Kirsh reserves the right to charge a Platform Fee, which would be specified and notified by it, prior to a User's joining of a game.
The Platform Fee (inclusive of applicable tax thereon) will be debited from the Users account balance and Kirsh shall issue an invoice for such debit to the User.
The Platform Fee shall be determined upfront, before commencement of any game. The Platform Fee may be dynamic on a game to game basis and dependent on factors such as, number of Users, eligibility criteria, ranking and server load etc., subject to the Platform Fee being determined before commencement of a Game.

10.7 The User may participate in a game wherein the User has to contribute a pre-determined contribution towards the Prize Money Pool of such game, which will be passed on to the Winner(s) of the game after the completion of the game as per the terms and conditions of such game. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the Users account balance maintained with the Agent.

10.8 All Users availing Kirsh Services are provided with following categories of accounts for the processing and reconciliation of payments:

Money contributed by the User through payment gateway towards Prize Money Pool, after disbursement of platform fee to Kirsh ("Play Money");
Money won by the Users by winning the Game/Contest(s) ("Winnings");
Bonus points given by Kirsh, at its sole discretion towards marketing and promotion ("Bonus Money"). Bonus money itself cannot be withdrawn.

10.9 Each time a User participates in any Game on the Kirsh Platform, the Contribution shall be debited in the Users account. The Contribution for each User shall be first debited from the Play Money and thereafter, any remaining amount of such Contribution shall be debited from the Winnings.

10.10 In case there is any amount remaining to be paid by the User in relation to such Users participation in any Game(s), the User will be taken to the designated payment gateway to give effect to such payment which shall also be credited to the account maintained by the Agent. In case any amount added by the User through such payment gateway exceeds the remaining amount of the Contribution, the amount in excess shall be transferred to the Play Money and will be available for use in participation in Game(s) or for withdrawal in accordance with these Terms and Conditions.

10.11 Debits from the Play money for the purpose of enabling a User's participation in a Game shall be made in order of the date of credit of amounts in the play money, and accordingly, amounts credited into play money earlier in time shall be debited first.

10.12 Withdrawals

In order to request a withdrawal of any amount standing in the Play Money, the User must first complete Kirsh's identity verification and bank account verification, which will also require submission of Kirsh's PAN card and bank account details. Such withdrawal of any amount standing in the play money may be made by way of a request to Kirsh giving complete details along with reasons for withdrawal over email. Kirsh shall effect an online transfer to the User's bank account on record with Kirsh by instructing the Agent on behalf of the User (to which the User expressly consents), within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Play Money. Kirsh 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 including GST.
Further, withdrawal of any amount standing to the User's credit in the winnings may be made by way of a request to the Agent through Kirsh. In such case, Kirsh shall cause an online transfer to the User's bank account on record with Kirsh by instructing the Agent on behalf of the User (to which the User expressly consents), within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings. Kirsh shall not charge any processing fee for causing the online transfer of such amount from the Winnings to the User's bank account on record with Kirsh.
Winners shall be contacted by Kirsh on the registered e-mail address of the Users. Users need to complete the verification process in order to raise the withdrawal request. As a general practice, winners will be required to verify their e-mail address & phone number along with following documents: Self-attested Photocopy of the Members PAN card; Member's bank account details and proof of the same. Kirsh shall not instruct the Agent to provide for withdrawal of a User's prize(s)/accumulated winnings/play money unless the above-mentioned documents have been received and verified within the time- period stipulated by Kirsh. Only to those winners who successfully complete the verification process and provide the required documents within the time limit specified by Kirsh shall the Agent provide for (at the instructions of Kirsh on behalf of the User, to which the User expressly consents) withdrawal/receipt of their accumulated winnings/play money (or any part thereof).
Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address in order for Kirsh to process the withdrawal request. The name mentioned on the Users photo identification document should correspond with the name provided by the User at the time of registration on Kirsh, as well as the name and address existing in the records of the Users bank account as provided to Kirsh. In the event that no bank account has been registered by the User against such Users account with Kirsh, or the User has not verified his/her User account with Kirsh, to Kirshs satisfaction and in accordance with these Terms and Conditions, Kirsh shall provide such User with a notification to the Users email address as on record with Kirsh at least 30 days prior to the Auto Transfer Date, and the User shall register a bank account with his/her User Account and/or to verify his/her User Account by the Auto Transfer Date.
Bonus Money cannot be withdrawn.

10.13 Kirsh shall scrutinise all documents submitted and may, at its sole and absolute discretion, disqualify any winner from withdrawing his accumulated winnings (or any part thereof) on the following grounds:

Determination by Kirsh that any document or information submitted by the Member is incorrect, misleading, false, fabricated, incomplete or illegible; or
b. Members bank account details and proof of the same.
c. Any other ground.

10.14 The User represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate. Users are required to provide proper and complete details at the time of registration. Kirsh shall not be responsible for communications errors, commissions or omissions including those of the Users due to which the results may not be communicated to the Winner.

10.15 Kirsh or its appointed representatives in certain game format may play the role of the House and bear the risk of losing money like any other Player, and all aforementioned conditions as applicable upon other Participants shall be applicable upon Kirsh as well.

10.16 Where any of the fixtures within a Game are cancelled or abandoned without an official result, all Game entries are considered void and the Contribution shall be duly refunded to User. There are no prize/winnings pay-outs and platform fee charges for these voided Games.

11. Selection and Verification of Winners and Conditions relating to the Prizes

11.1 Winners will be decided on the basis of the scores of the teams in a designated round of Game(s). The Users with the highest aggregate score in a particular round shall be declared the Winner(s). In certain pre-specified Games, Kirsh may declare more than one Winner and distribute prizes to such Winners in increasing order of their aggregate score at the end of the designated round of the Game. The contemplated number of Winners and the prize due to each Winner in such Game shall be as specified on the Game page prior to the commencement of the Game.

11.2 Winners shall be contacted by Kirsh on the e-mail address provided at the time of registration. The verification process and the documents required for the collection of prize shall be detailed to the Winners at this stage. As a general practice, winners will be required to provide following documents:

Photocopy of the User's PAN card;
Photocopy of a government-issued residence proof;
User's bank account details and proof of the same.

11.3 Kirsh shall not permit a Winner to withdraw his/her prize(s)/accumulated winnings unless the above-mentioned documents have been received and verified within the time-period stipulated by Kirsh, and the process as mentioned in Clause above has been duly followed.

11.4 The User represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate.

11.5 Users are required to provide proper and complete details at the time of registration. Kirsh shall not be responsible for communication errors, commissions or omissions including those of the Users due to which the results may not be communicated to the Winner.

11.6 The list of Winners shall be posted on a separate web-page on the Kirsh Platform. The Winners will also be intimated by e-mail.

11.7 In the event that a User has been declared a Winner on the abovementioned web-page but has not received any communication from Kirsh, such User may contact Kirsh within the time specified on the webpage.

12. Taxes Payable

12.1 All winnings from a game which are in excess of INR 10,000/-, shall be subject to deduction of tax at source ("TDS") under section 194B of the Income Tax Act 1961 ("Act") at the rate of 30% (excluding surcharge and cess). The winnings shall be the difference between prize money amount won in a game less entry fees paid by the user. This tax shall be deducted before the winnings are credited into the game winnings wallet. In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by Kirsh in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable taxes, including but not limited to, income tax, gift tax, etc. in respect of the prize money.

12.2 The decision of Kirsh with respect to the awarding of prizes shall be final, binding and non-contestable.

12.3 Users playing the paid formats of the Game(s) confirm that they are not residents of any of the following Indian states Assam, Odisha, Sikkim, Nagaland, Andhra Pradesh or Telangana. If it is found that a User playing the paid formats of the Game(s) is a resident of any of the abovementioned states, Kirsh shall disqualify such User and forfeit any prize won by such User. Further Kirsh may, at its sole and absolute discretion, suspend or terminate such Users account with Kirsh. Any amount remaining unused in the Users Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the Users bank account on record with Kirsh, subject to the processing fee (if any) applicable on such transfers as set out herein .

12.4 If it is found that a User playing the paid formats of the Game(s) is under the age of eighteen (18), Kirsh shall be entitled, at its sole and absolute discretion, to disqualify such User and forfeit his/her prize. Further, Kirsh may, at its sole and absolute discretion, suspend or terminate such Users account.

12.5 To the extent permitted by law, Kirsh makes no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same.

12.6 Kirsh may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Users shall not raise any claim against Kirsh or question its right to modify such prizes being offered, prior and after the closure of the Game.

12.7 The Winners shall bear all transaction charges levied for delivery of cash prizes.

12.8 All prizes are non-transferable.

13. Privacy

13.1 Our privacy policy available at https://ZeroRummy.in/privacy.html ("Privacy Policy") explains how We treat Your personal data and protect Your privacy when You use the Platform and our Services. By using the Platform, You agree that We can use Your data and other information according to the Privacy Policy.

13.2 You are responsible for maintaining the confidentiality of passwords associated with any device You use to access the Platform. Accordingly, You are solely responsible for all activities that occur with Your device. If You become aware of any unauthorised use of Your device, You are required to notify the relevant authorities as soon as possible.

14. Winnings

14.1 Awards for all Contests shall be pre-declared at the time of registration in the specific rules applicable to such Contest.

14.2 Users are eligible to withdraw only cash Winnings from his/her Account to his/her respective bank/wallet account once it is KYC (Know Your Customer) verified.

14.3 KYC verification is mandatory as a proof of identity for making withdrawals from Your Account to Your bank/wallet account. KYC verification may be done through the Platform by providing certain details: (i) photograph of a valid government ID (Aadhaar Card, Driving License, PAN Card, Voter Card, Driving License etc.); and (ii) other User Details.

15. Safety, Precaution and Responsible Gaming

15.1 Kirsh suggests that Users adopt a balanced approach while engaging with any of the Mobile Games on the Platform and safeguard themselves against any adverse effects. If played responsibly, Mobile Games (like other forms of sports) aim to encourage Users to develop their mental prowess, hand-eye co-ordination, competitiveness and encourage teamwork.

15.2 You should take certain standard health and safety precautions while playing any Mobile Game, including taking adequate breaks, sitting at a reasonable distance from the screen, playing in a well-lit environment, and avoiding playing when tired, drowsy, intoxicated or under the influence of drugs Avoid playing without breaks over long periods of time as this could affect Your performance and could negatively impact hand-eye coordination, balance, and multi-tasking ability.

15.3 The Platform or the Mobile Games offered on the Platform may contain flashing lights, realistic images, patterns and simulations which may cause certain side effects. If Your hands, wrists, arms, eyes or other parts of Your body become tired or sore while playing, or if You feel symptoms such as tingling, numbness, burning or stiffness, stop and rest before playing again. If You continue to have any of these above symptoms, please stop playing IMMEDIATELY and consult a doctor.

15.4 If You play any Mobile Games on the Platform, give Yourself plenty of room to play and always be aware of Your surroundings. While playing any Mobile Game You may be moving around the play area and using Your hands to control gameplay. You must ensure that You are not near other people, objects, stairs, balconies, windows, walls, furniture or other objects that may pose a danger to You or could be damaged during the play. Never handle sharp or dangerous objects while playing any Mobile Game on the Platform.

15.5 It is Your responsibility to control Your surroundings and movements at all times when playing the game to ensure that You don't injure Yourself, any other persons, damage any property etc. Any playing of the Mobile Games is at Your own risk and Kirsh shall not be liable for any death, injury or health complications resulting from Your use of the Platform.

15.6 You agree that Your use of the Platform and to play the Mobile Games is at Your own risk, and it is Your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as You deem reasonably necessary for any injuries that You may incur while using the Platform.

15.7 You hereby agree that if the terms of this Agreement are not adhered by You, Kirsh will be irreparably damaged, and therefore You agree that the Platform shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect to any breach of this Agreement, in addition to any other remedies available under Applicable Law.

16. Community Rules and Code of Conduct

16.1 Kirsh may provide Users with different communication channels such as forums, live audio sessions, live audio chat with other players participating in any Contest, community groups, chat-rooms or chat areas ("Communication Facilities") designed to enable You to communicate with other Users on the Platform.

16.2 Kirsh only provides Users with the technical environment for an exchange of information. Kirsh does not initiate, select the receiver and/or modify any information exchanges inter se amongst the Users through the Communication Facilities. Further, Kirsh has no obligation to and does not monitor these Communication Facilities except when required to do so under the provisions of Applicable Law.

16.3 The User may use the Communication Facilities as made available to them by the Platform. Kirsh may provide certain additional features or Communication Facilities to a select group of Users at its sole discretion. The Users do not have the right to claim any Communication Facilities on the Platform.

16.4 Kirsh may enable audio sessions and live chat-rooms on the Platform for the Users from time-to-time. These sessions or/and chat rooms will be conducted by other users to (i) organize trainings; (ii) provide tips to play Mobile Games; (iii) provide educational content; or (iv) conduct other interactive sessions on the Platform. The sessions or/and chat rooms may have an open entry or may be restricted to a limited number of Users at Kirsh's sole discretion. Users might be required to pay an Access Fee to participate in any of these live sessions or/and chat rooms hosted by Kirsh on the Platform. The Access Fee shall be subject to levy of applicable Goods & Services Tax and the Fee collected shall be inclusive thereof.

16.5 You understand that, by using these Communication Facilities, You may be exposed to communications (including in written, verbal, electronic, digital, machine-readable or other form) that You might find objectionable. You understand that any content sent or appearing through the Communication Facilities is the sole responsibility of the User(s) transmitting such content and Kirsh is not liable for any content posted on the Communication Channels.

16.6 All Users of the Kirsh Platform must comply with Applicable Law at all times while using the Services of Platform, including our Community Guidelines (refer to Annexure III for more details) and Communication Facilities and must not publish or distribute any content which: (a) violates an Applicable Law, goes against common decency, or breaches the general terms and conditions of the Agreement; or (b) violates any trademarks, patents, utility or design patterns, copyrights, trade secrets, or other proprietary rights of third parties; or (c) impersonate any real person, including without limitation Kirsh or any other Kirsh agent or employee; or (d) is obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature; or (e) is of an abusive, harassing, threatening or defamatory nature; or (f) seeks to unlawfully obtain login information or access to Accounts belonging to other Users; (g) contains personal data of third parties without their explicit consent; or (h) seek to collect, misuse, or disseminate any other User's content or non-public personal information; or (i) is commercial, in particular promotional, in nature; (j) encourages or promotes gambling or money-laundering.

16.7 All Users of the platform of Kirsh shall read and fully understand our Community Guidelines before posting any content on our platform. By accepting the Terms and Use, the Users agree and acknowledge that they have read and fully understood the terms of the Community Guidelines. Kirsh has a right to take appropriate and strict actions against any User violating such Community Guidelines.

16.8 Under no circumstances will Kirsh or its third-party providers shall be liable for any errors, objections or omissions in any content or for any loss or damages of any kind incurred as a result of the content posted on its Platform.

17. Disclaimers

17.1 By registering, you are considered to have accepted and understood all the Terms. We recommend that you keep a copy of all transactions, gaming rules, cancellation and payment policies. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of these Terms by you does not amount to surrendering our rights to act with respect to any prior, concurrent, subsequent or similar breaches.

17.2 If any judicial or quasi-judicial body in India declares any of the provisions of these Terms to be unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the remaining provisions will not be affected. Any such inappropriate term or condition will be replaced with another term or condition that is valid and enforceable and is most nearly of similar effect as the original invalid term.

18. Warranties

18.1 Kirsh disclaims any and all warranties, expressed or implied, in connection with the underlying software of the Platform, the Website and the Game(s), all of which are provided to the User as is. Your access and use of the Platform is at your sole risk. Kirsh explicitly disclaims all warranties or conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability, completeness, availability, security, compatibility and fitness for a particular purpose.

18.2 Without limiting the foregoing, Kirsh does not represent or warrant:

The quality, fitness for purpose, completeness, merchantability, non-infringement or accuracy of the software, the Platform and the Game(s);
The suitability of the information contained in the documents or other information published on the Platform;
Continuous, error-free, secure or virus-free operation of the Platform or its content including software, Game(s), your Account or continued operation or availability of any facility on the Platform;
That the defects in the Platform will be corrected;
That the Platform or the servers that operate the Website are free of viruses or other harmful components;
That the data, results and information within the Platform will be correct, accurate, adequate, useful, reliable, correctly sequenced, timely or otherwise; and
That the Platform will meet your needs, requirements or expectations.

18.3 No person affiliated, or claiming affiliation with the Platform has authority to extend such warranties.

18.4 Without limiting the generality of the foregoing, to the maximum extent permitted by applicable law, we shall have no liability for any damages or injury caused, in whole or in part, by contingencies or issues beyond our reasonable control, including, but not limited to: the acts of third parties, errors in the content or the Platform, network failures, internet failures, software and hardware failures, viruses and other system attacks, labour stoppages, riots, acts of government or god, natural disasters, acts of terrorism, communication line failure, or theft, destruction of, unauthorized access to, alteration of or use of records.

18.5 To the maximum extent permitted by applicable law, you hereby agree that you shall have no remedy in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.

18.6 The foregoing limitations shall apply regardless of whether (i) liability or damage is alleged for breach of contract, tortious behaviour, negligence, or under any other theory or cause of action, and/or (ii) the party against which liability or damages is sought was advised of the possibility thereof. For the avoidance of doubt, nothing in these Terms shall limit or exclude liability for (i) death or personal injury caused by negligence; or (ii) fraud.

18.7 To the maximum extent permitted by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, the Platform, or any part thereof, must be asserted within one (1) year after such claim or cause of action arose, or it shall be forever barred.

18.8 You agree and acknowledge that Kirsh does not promise or ensure that you will be able to access your Account whenever you want. It is entirely possible that you may not be able to access your Account or the Platform provided by Kirsh at times or for extended periods of time due to, but not limited to system maintenance and updates.

18.9 You are aware that participation in the games of skill organized by us may result in financial loss to you. With full knowledge of the facts and circumstances surrounding the Game(s), you are voluntarily participating in the Game(s) and assume all responsibility for it and risk resulting from your participation, including all risks of financial loss. Kirsh makes no guarantees, warranties, representations, or other promises relating to the Game(s) and assumes no liability or responsibility for any financial loss that you may sustain as a result of participation in the Game(s).

18.10 You will be solely responsible for any delay and/or damage to your computer systems or loss of data that results from installation of any software on your computer and we expressly disclaim liability for any such failure delay or failure.

18.11 You agree to assume the entire risk as to the results and performance of any software and/or Game(s) availed by you on the Platform. As such, result and performance among other things depends on your Internet connection and hardware. You also assume the entire cost of all servicing, repair and/or correction of your hardware when you access, download or execute software or Game(s) available on the Platform. We explicitly disclaim liability for any delay or failure to perform resulting from installation of any software on your computer.

18.12 You specifically acknowledge, agree and accept that we are not liable to you for: (i) the defamatory, offensive or illegal conduct of any other User or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another User or otherwise; (ii) any loss whatsoever arising from the use, abuse or misuse of your Account on our Platform; (iii) any loss incurred in transmitting information from you to our Platform by the Internet or by other connecting media; (iv) any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communication lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Platform; (v) the accuracy, completeness or currency of any information services provided or any statistics shown on the Platform.

19. Indemnification and Limitation of Liability

19.1 You clearly understand and agree that Kirsh shall under no circumstances (including, without limitation, in contract, negligence or other tort), be liable for any direct, indirect, ancillary, special, incidental, consequential or exemplary damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data or other intangible loss (even if Kirsh has been advised of the possibility of such damages), resulting from or arising out of the use of or the inability to use the Platform, even if we have been advised or become aware of the possibility of such damages or loss or that such loss was foreseeable.

19.2 You agree to indemnify us and each of our respective general and limited partners, Users, shareholders, directors, officers, employees, agents, representatives, vendors and business partners harmless from and against any and all claims, liabilities, obligations, losses, costs or debt, damages and expenses (including attorneys' fees and court costs) arising out of or relating to:

breach of these Terms, in tort (including negligence);
your use of the Platform, including, but not limited to use of any content;
your breach of any applicable laws;
any unauthorized, improper, illegal or wrongful use of your Account by any person, including a third party, whether or authorized or permitted by you;
your content;
use by any other person accessing the Platform using your Username or password, whether or not with your authorization
the use by us of information provided by you through our Platform.

19.3 This indemnification obligation will survive the expiry or termination of these Terms and Conditions and your use of the Platform.

19.4 There could be instances where Kirsh is not able to receive prompt updates about the change in applicable laws of your place of stay. It is your obligation to ensure that any activities you engage on the Platform are legal as per the applicable laws. You agree to indemnify and hold harmless, Kirsh or its Platform, from any claim, demand, damage, or loss whatsoever coming out due to your non-compliance with the laws of your jurisdiction.

20. Termination

20.1 We may change, suspend or discontinue any aspect of the Platform at any time, including the availability of any Websites feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or the Platform, without notice or liability at any time in our exclusive discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose. However, under normal circumstances, we will only do so where there has been conduct that we believe violates these Terms or other rules and regulations or guidelines posted on the Platform or conduct which we believe is harmful to other Users, to our businesses, or to other information providers.

20.2 Upon any termination of this agreement, you shall immediately discontinue your use and access of the Platform and destroy all materials obtained from it. You hereby agree and consent to the above and agree and acknowledge that we can, at our sole discretion, exercise our right in relation to any or all of the above, and that we shall not be liable in any manner of the same; and you agree, acknowledge and consent to the same.

20.3 You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law and jurisdiction, confidentiality shall survive the efflux of time and the termination of these Terms.

21. Agreement with Agent

21.1 Kirsh shall enter into a separate agreement with the Agent for regulating their inter-se contractual obligations to give effect to these Terms from time to time, as it considers appropriate and necessary in its sole discretion.

22. Publicity

22.1 Acceptance of a prize by the Winner constitutes permission for Kirsh, and its affiliates to use the Winner's name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever. The Winners further undertake that they will be available for promotional purposes as planned and desired by Kirsh without any charge. The exact dates remain the sole discretion of Kirsh. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.

23. Dispute Resolution

23.1 You can directly escalate to our management team by contacting support@kirshgames.com

23.2 Subject to the clauses below, the courts of competent jurisdiction at Haryana shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with the Website provided by Kirsh (including the Game(s)), the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the Users), as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.

23.3 In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification (Notification) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.

23.4 The place of arbitration shall be [-]. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The parties shall mutually appoint a sole arbitrator.

23.5 The arbitration award 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.

23.6 The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.

23.7 Nothing contained in these Terms shall prevent Kirsh from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard its interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any courts of competent jurisdiction at Haryana to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Kirsh to pursue any remedy for monetary damages through the arbitration described herein.

24. Fair Play and Prevention of Collusion and Fraud

24.1 ZeroRummy is committed to promoting fair play on the platform. Our Compliance Team will track game play of all players and strict action will be taken against any player(s) caught indulging in coin dumping and/or collusion. By agreeing to the Terms and Conditions of the site, you agree not to indulge in any unfair game practise that might provide undue advantage to you or any other player.

24.2 ZeroRummy reserves the right to take any necessary action, as it deems fit, against players who are found to have indulged in in unfair means and practises. The action could range from monetary penalties, temporary account suspension, Withdrawal blocking to permanent account deactivation.

24.3 Any player involved in violation of the above terms is liable for prosecution. Any player found to be a fraud for any reason, for example, found depositing or withdrawing from/to a fraudulent account, is liable to be proceeded against by the management of Kirsh including but not limited to the confiscation of the player's balance and locking of the user's account.

24.4 Players caught dumping coins between accounts will be levied a minimum penalty of 40% of the coins dumped. Kirsh reserves the right to permanently block the account and forfeit the coins (including pending Withdrawals) available in it if the player is found to be involved in any kind of malicious activity / unfair game play. If you suspect any player colluding in any game or involved in unfair practices, you can mail Us on support@kirshgames.com.

24.5 By using the website or mobile application including any sub-domains of the Website, or related top-level domains including mobile sites, apps, APIs and widgets and/or registering yourself with us, you authorize us or our representatives to contact you via email or phone call or SMS including third party messaging apps to offer you our services including but not limited to impart product knowledge, offer/explain any promotional offers running on website/mobile applications & offers offered by third parties, for which reasons, personally identifiable information may be collected. Irrespective of the fact that you have registered yourself under DND or DNC or NCPR service, you still authorize us or our representatives to contact you by any means aforementioned for the above mentioned purposes or any other related purpose till the time you are registered with us or even after cessation of registration.

25. Force Majeure

25.1 Kirsh shall not be liable for any damages whatsoever arising out of Force Majeure Event or other similar circumstances, directly or indirectly to the Users as a result of playing Mobile Games or using the services offered by Kirsh on the Platform. A Force Majeure Event is a real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network that affects the Company's ability to offer the services or/and the Mobile Games on the Platform. Force majeure or other event beyond Kirsh's control hindering, delaying or complicating the maintenance of the Platform entitles Kirsh to suspend or limit the Platform until further notice.

Grievance Officer

In accordance with the Information Technology Act 2000 and rules made thereunder, We have a Grievance Officer to address Your concerns regarding data safety, privacy, and the Platform usage concerns including complaints You have against other users on the Platform. We will resolve these issues raised by You within 15 (thirty) days from receiving them. You may contact the Grievance Officer at the following coordinates:

Name: Harsh Jain
Address: Mumbai
Email: harsh@kirshgames.com

Compliance Officer

We have a Compliance Officer to ensure compliance that the games offered on our platform comply with applicable gaming laws. You may contact the Compliance Officer at the following coordinates: