By subscribing/registering to/on or using https://www.baazimobilegaming.com/ its sub-domains and/or Baazi Mobile Gaming App (mobile application accessible through a mobile phone or a tablet device) collectively referred to “Platform” and/or any services provided on the Platform, you agree that you have read, understood and have agreed to be bound by these Terms and Conditions, regardless of how you subscribe to or use these services. If you do not want to be bound by these Terms and Conditions, you must not subscribe to or register or use the Platform or any of its services.
BEFORE REGISTERING WITH US, YOU SHOULD CAREFULLY READ THE TERMS PROVIDED ON THE PLATFORM WHICH IS APPLICABLE TO ALL SERVICES ON THE PLATFORM AND ALSO THE PRODUCT AND/OR GAME SPECIFIC CONDITIONS AND RULES APPLICABLE TO SPECIFIC OFFERINGS.
Links to the following sections of these Terms are provided below for easy access to the sections you intend to refer to. However, you should read all Terms as you will be bound by them all upon any use of any section of this Platform. Click on any of the following links to use that section directly.
● M/s Baazi Games Private Limited and all its subsidiaries, from here on called the 'Company or Baazi Games' (the company could also be referred to as 'we', 'us', 'our' and other such adjectives).
● ‘You’ shall mean the person using the Platform the products and services offered by the Company on the Platform, from here on will be referred as 'you', 'your', 'user' or 'player'.
● The terms of services, products or information and their usage set out herein and those incorporated herein by reference, shall from here on be collectively referred to as 'Terms and conditions'.
● ‘Rake’ shall mean a percentage of the pot money placed by you/user that is deducted by the Company as fee towards use of the products and services offered on the Platform. The percentage deducted shall vary based on the amount of money placed by a player in the pot. Such percentage shall be determined at the sole discretion of the Company.
● ‘Rake back’ shall mean a percentage of the Rake given to an Affiliate/user as an incentive.
● The Platform and its membership are strictly restricted to one user only and in no way should be considered to be a multi-user account/membership. In the event the user is a proprietorship concern, such user shall ensure that the name given to obtain membership shall be the same as the name on the PAN card used for using the products/services on the Platform.
● In order to gain membership to the Platform enabling the user to play the games offered/ use the software or any other product or services offered by the Platform, Company or its associates, they will have to first register themselves with the Platform by providing their current and valid credentials. You hereby undertake to provide all valid credentials and represent and warrant to the Company that you shall not share these credentials/account details with any other person. In the event you share such credentials/account details, you do so at your own risk and in breach of this Terms and Conditions and you shall keep the Company and its affiliates fully indemnified from any damage/injury resulting therefrom.
● Mere registration by the user does not guarantee membership. Only after the Company or its representatives deem fit by their own subjective judgment, will they grant membership informing you of the same by sending you an e- mail. The right to grant membership is completely reserved by the Company and/or Platform and their representatives.
●Baazi Games provides the Platform to you on which you can play games either offered by Baazi Games or independent third -party game developers. The Platform is designed to provide you an in-app browsing experience through an embedded browser. These mobile games run online over the Platform and do not have to be separately downloaded or installed.
●Baazi Games shall be entitled to modify these Terms and Conditions and the rules governing its games/tournaments/contests, at any time, by posting the same on Platform. Use of Platform constitutes your acceptance of such Terms and Conditions and the rules referred to herein or provided by Baazi Games in relation to any Platform services, as may be amended from time to time. You may then exercise the options provided in such a notification to indicate non-acceptance of the modified Terms and Conditions and/or the rules. If such an option is not exercised by you within the time frame prescribed in the notification, you will be deemed to have accepted the modified Terms and Conditions and/or the rules provided by Baazi Games.
● Platform may contain links to third party websites that are not owned or controlled by Baazi Games. Baazi Games has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites/app. In addition, Baazi Games will not and cannot censor or edit the content of any third-party site. By using the Platform and its services, you expressly acknowledge and agree that Platform shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
Our services and products are not available to anybody under the age of 18 on the day of them applying for membership through the registration process on the Platform. Also, it is strictly prohibited for any user under the age of 18 to play games on our Platform. We reserve the right to request proof of age, at any stage to verify that the declaration of age provided by you at the time of registration is genuine and we may prohibit usage of the Platform to a person if proof of age is not provided upon request or if the Company suspects that a person using the service is under-age. The services and products are not intended for users connecting to the Platform from jurisdictions that say it is illegal to do so (as listed under ‘Legality’).
The TDS Policy of Baazi Games has been as per the applicable tax and gaming laws/regulations in India. The same is as follows:
● TDS of 30% (plus surcharges, education cess and secondary higher education cess) will be deducted on Net Winnings above INR 10,000/- in a financial year.
● TDS will not be deducted on a player’s Deposit amount.
● [Net Winnings = Total Withdrawals – Total Deposits (at the time of withdrawal) (1st April 2020 onwards)]
Consider the following situations:
If you win any amount and place a withdrawal request, applicable TDS will be deducted on your Net Winnings, if the said Net Winnings are above INR 10,000/- in a financial year as per Section 194B of the Income Tax Act of 1995, as amended from time to time. If you have won and paid TDS on a particular amount, and later find that your deposits are more than your withdrawals, you will be allowed to withdraw your deposit amount TDS-free. Only once your Net Winnings become positive again would you attract TDS on further withdrawals.
Will the ledger reset on 1st April of every new Financial Year?
Effective 31st March 2021, there will be no more resets in the deposit or withdrawal ledger. This means that all profits and losses in your account since 1st April 2020 will remain as they are and will be calculated in accordance with the applicable laws and regulations, independent of the time of withdrawal.
● The applicable laws in the State of Andhra Pradesh, Assam, Gujarat (for Poker), Odisha, Kerala , Tamil Nadu, Sikkim (except for rummy), and Telangana (“Prohibited States’) prohibits a player from using and/or accessing the services and games offered on our Platform. There may be applicable penalties imposed on such user by the respective State governments (under their respective legislations).
● Our Company and its Platform do not accept membership request from people who are residing in these Prohibited States and if a user residing in such Prohibited States becomes a member of the Platform by giving false information, the liability shall be solely on the user and the Company reserves the right to terminate the user's membership without any notice and may immediately, at its sole discretion, confiscate all his/her deposits and winnings. Such user shall keep the Company, its affiliates, officers, representatives and agents fully indemnified from such misrepresentation at all times.
● You accept that the Company will not be liable to take any responsibility for the breach of the user of applicable State laws. Users from any State in India shall always ensure that they are following the applicable State laws and we will try to post any changes, that we deem appropriate, on our Website to better educate the users. Our decision in this regard will be final and no consideration whatsoever will be extended to the user.
● Cash games shall only be accessible to residents of India on the Platform. The user confirms that he/she is not accessing the Services to play cash games from outside India and/or using an account which is outside India.
● If any user residing outside India becomes a member of the Platform by giving false information, the liability shall solely vest on the user and the Company shall not be held responsible in any manner possible.
● In case, the user is an Indian citizen, who uses an Indian bank account/payment system, while residing abroad, accesses the Platform the citizen shall be held solely responsible for compliance with local laws and the same shall be treated as a violation of these Terms and Conditions, if he/she fails to comply.
● The Platform is meant for usage of person(s) residing in India. Users accessing the Platform should have their Bank accounts in India (including any KYC information required by the bank pursuant to opening such an account). User shall be solely responsible for any violation of this clause.
● Further, the Company reserves the right to terminate the user's membership/account without any notice and immediately, at its sole discretion, confiscate all his/her deposit and winnings, in the event any Terms and Conditions are breached/violated. Such user shall keep the Company, its affiliates, officers, representatives and agents fully indemnified from such misrepresentation and/or violations of any applicable law, at all times.
● You are allowed to have only have one account on our Platform, from here on referred to as 'Account', for which you will register using your own phone number & correct name with valid credentials and declaration of age, as sought at the time of registration. You should not share (your Account (including any information pertaining to it) with any other person nor use or access the service(s) provided by the Company, by means of another person's account.
● Should you attempt to open more than one account on our Platform, under your own name or under any other name, or should you attempt to use and/or access the service offered by the Platform by means of any other person's account, we will be entitled to close all your Accounts (whether known and/or reasonably suspected to be yours) and bar/ban/prohibit you and/or any account, where we reasonably suspect that you have used and/or accessed it, from using the products/services on our Platform with immediate effect. One of the reasons, for e.g., could be where a user from the same device, is simultaneously playing through two or more Accounts. It hereby clarified that this shall not cover a situation, where a user through his/her Account is playing on two or more tables on the Platform.
● You should ensure that you have read and understood the rules and regulations of the games available through the Platform, here on referred to as the ('Games'). You agree to abide by the rules and regulations of each of the Games as published and periodically changed on our Platform. You agree to keep yourself updated in respect of the rules and regulations, which are subject to change from time to time, at the sole discretion of the Company. The rules that govern the Games, products and/or services offered on our Platform forms part of these terms and conditions and they will be available and uploaded on the Platform (under the '[*]' section or similar section as we may decide). However, if any rule(s) is/are not explicitly mentioned on the Platform and/or user has a doubt on the applicability and/or interpretation of a rule(s), the user is encouraged to seek clarification by using the customer support services offered. The interpretation/decision of the Company and/or its Platform shall be final & binding and you agree to abide by them by accepting the terms and conditions.
● In order to participate in certain Games/contests/tournaments available on the Platform, the users may be required to pay an entry fee in the form of cash (‘Deposits’). Users may add cash to their Account by using any of the payment modes available on the Platform.
● All materials provided on the Platform, including but not limited to all information, materials, functions, text, logos, designs, graphics, images, sounds, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the intellectual property rights of the Company and/or have been licensed by a third party to the Company. Except as stated herein, none of the Materials may be amended, superimposed, reverse engineered, recompiled, modified, copied, reproduced, distributed, republished, in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior written permission of Baazi Games.
● Subject to your compliance with these Terms and Conditions, Baazi Games hereby grants you the right to access and use the Platform only for personal and non-commercial purposes. You undertake that you shall not use the Platform for any commercial purposes and/or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
● You may post/share links/images/text content on the Platform on social media platforms like Facebook, Twitter, Google+, Snapchat, Instagram, YouTube or any other social media sharing platform with appropriate link-back to the original source. Any post/sharing/retweet/reposting/story on social media platforms (like Facebook, Twitter, Google+, Snapchat, Instagram, YouTube or any other social media sharing platform with appropriate link-back to the original source) tagging Baazi Games (or Platform or related entities) through which any third party intellectual property rights and/or content is violated shall not make Baazi Games (or Platform or related entities) liable and user shall be solely held responsible for any such violation of third party intellectual property rights and/or content. Further, the user shall fully indemnify Baazi Games (or Platform or related entities) in case it is held responsible for any such violation.
● When the Platform provides for the download of any particular Material including any software, you may download such Material and/or software to a computer or mobile device (as applicable) for your personal, non-commercial use only, provided that:
(a) you shall keep a record of and not amend the intellectual property related and other proprietary notices;
(b) you shall make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Platform or the Material including the software, in whole or in part; and
(c) Any promotions/promo code shared with you shall not be further sent/shared/distributed by you to any other person/user. Any violation/misuse of the promotions/promo codes shall make you liable to indemnify Baazi Games (or Platform) for such violation/misuse of the promotions/promo codes and Baazi Games (or Platform) reserves the right to cancel such promotions/promo at its sole discretion.
(d) Any promotions/promo codes received by you through authorised sources (of Baazi Games) shall not be further sent/shared/distributed by you to any other person/user. Any violation/misuse of the promotions/promo codes shall make you liable to indemnify Baazi Games (or Platform) for such violation/misuse of the promotions/promo codes and Baazi Games (or Platform) reserves the right to cancel such promotions/promo at its sole discretion.
Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark, design or copyright of the Baazi Games’ intellectual properties.
● You acknowledge and agree that nothing in these Terms and Conditions shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names, source code or other proprietary rights on the Platform or Material or software or any part thereof to you or any third party.
Sharing or distribution of the password with any other user/ person/ group or any third party is strictly prohibited. The Company and/or Platform shall not be responsible if your Account is accessed or opened by others using your password. You are held legally responsible and liable for all of your activities through / from your Account on our Platform, whether or not directly made by you.
● By applying for a break under the Responsible Gaming section, a player self restricts/excludes from playing Games on the Platform. During this period, it is in the best interest of the player to opt out of any promotional communication from the Company/ Platform. This is also applicable for any player whose Account has been blocked temporarily or permanently as per the Website's fair play policy.
A player can opt out as follows:
1. For Push Notifications, uninstall the Website/app.
2. For Emails, click the unsubscribe button on any of the emails sent by the Company/Website.
3. For SMS, email [*] with the subject 'Opt out of SMS'.
● It is the player's responsibility to opt out of the promotional communication sent by the Company/ Platform. Company/ Platform cannot be held responsible for sending any promotional communication to a user/player during a break or account suspension period.
As a condition of your use of the Platform, you shall not use the Platform for any purpose that is unlawful or prohibited under these Terms and Conditions and/or under any Indian laws, statutes, order, ordinances and regulations. The duty to verify whether the use of the Platform is legal in your jurisdiction is your sole and exclusive responsibility.
You shall not display, upload, modify, publish, transmit, update or share any information on the Platform that is:
Post the investigation, any decision taken by the Platform /Company shall not be disputed by the User/Player and the decision shall be considered final and binding. User/Player agrees that no further queries shall be entertained post the final decision.
Any tax/levies/duty etc., as applicable on material prizes, shall be paid by the winner of the game. Based on TDS (tax deducted at source) rules (available under these Terms and Conditions) for any sort of game winning in India, TDS shall be deducted.
When this Agreement comes to an end, all of the legal rights, obligations and liabilities that you and Baazi Games have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely
Baazi Games 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 game/tournament/contest on the Platform or using the services offered by Baazi Games 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, pandemic (including Covid-19), epidemic, 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 game/tournament/contest on the Platform. Force Majeure or other event beyond Baazi Games’ control hindering, delaying or complicating the maintenance of the Platform entitles Baazi Games to suspend or limit the Platform until further notice.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Baazi Games without restriction.
No waiver of any terms of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term and Baazi Games’ failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
None of the provisions of the Terms and Conditions shall be deemed to constitute a partnership or agency between you and Baazi Games and you shall have no authority to bind Baazi Games in any manner, whatsoever. If you are registering on the Platform as a business entity, you represent that you have the authority to bind the entity to this Agreement.