Privacy Policy
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Privacy Policy
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY AND DO PAY ATTENTION TO THE RESPECTIVE DEFINITIONS.
This Terms of Use generated by a computer system and does not need any physical or digital signatures.These terms and conditions ("Terms") and the privacy policy ("Privacy Policy") (collectively "Terms of Use") is the rules, terms and conditions as applicable and the amended provisions pertaining to the relevant matters of Silver Rummy and your use of it, as might be amended from time to time.
IF YOU DO NOT FULLY UNDERSTAND AND AGREE TO ALL OF THE FOLLOWING TERMS OF USE, OR THE PRIVACY POLICY, PLEASE DO NOT USE THE SERVICE OF Silver Rummy. YOUR COMMENCEMENT OF, OR CONTINUED USE OF THE SERVICES, OR REGISTRATION OF YOUR OWN ACCOUNT ON Silver Rummy MEANS THAT YOU, RECEIPT AND SUFFICIENCY OF THE FOLLOWING TERMS AND CONDITIONS IS WELL ACKNOWLEDGED, AGREE TO BECOME A PARTY TO AND TO BE BOUND BY THIS TERMS OF USE. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY AND DO PAY ATTENTION TO THE RESPECTIVE DEFINITIONS; IF YOU DO NOT FULLY UNDERSTAND AND AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS, BY SELECTING NOT CLICKING THE “AGREE” BUTTON, THEN YOU MAY NOT BE ABLE TO REGISTER OR LOG IN YOUR ACCOUNT ON Silver Rummy OR ACCESS THE SERVICES IN FURTHERANCE IN ANY WAY. BY CLICKING “AGREE” BUTTON AND LOG IN, YOU CONSENT TO BE BOUND BY THE HEREUNDER TERMS AND CONDITIONS. THIS ACTION CREATES AN ACKNOWLEDGE AND CONSENT THAT YOU BECOME A PARTY TO THIS TERMS OF USE AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. YOUR CONTINUED USE OF THE SERVICES MEANS THAT YOU ARE OF FULL AWARENESS, SUFFICIENT KNOWLEDGE AND ACCEPTED AND AGREED TO ALL OF THE FOLLOWING TERMS AND CONDITIONS.
Genaral View
We totally understand how important it is to keep your personal information confidential, safe and discrete. This Privacy Policy is to inform you what information we collect when you use the Silver Rummy Services, and what information is to be shared by those Companies that has cooperation with us, if any. This Privacy Policy from part of our Terms of Service, describes the overall Silver Rummy (referred to below "Silver Rummy", "we", "us" and "our") policy, explaining to you how we collect and process information when you use Silver Rummy . For your better information, this Privacy Policy may be updated periodically and WE SINCERELY REMIND YOU READING THE CONTEXT HEREUNDER CAREFULLY AND THOROUGHLY.
1. Terms Connotation
1.1 "Information" means and shall include any non-confidential, confidential, non-personal, and/or personally identifiable information or other information provided to Silver Rummy during your use of Silver Rummy. Details of the process of information on Hero rummy is further provided under Hero rummy’s Privacy Policy.
1.2 "Authority" shall mean any union, national, state, local, or other governmental, statutory, administrative, regulatory or self-regulating authority, agency or instrumentality having judicial or administrative jurisdiction over the relevant matter.
1.3 “Content” shall mean all any data, text, files, information, usernames, images, graphics, photos, profiles, contact details, audio and video clips, sounds, musical works, other works, applications, links, news, views, updates, articles, reviews or comments provided, generated, created, uploaded or shared by users or communication between users on Hero rummy.
1.4 "Affiliate" shall mean any Person who directly or indirectly, controls, is controlled by, or is under the common control of Hero rummy. The term "Control" is used in the sense of the possession by a Person or a group of Persons acting in concert, directly or indirectly, of the right to direct or cause the direction of the management and policies of another Person, whether through the board of directors or ownership of voting rights by such other Person, by the Articles of Association, contract or otherwise. A Person or a group of Persons acting in concert shall be deemed to be in control of a body corporate if such Person or group of Persons is in a position to appoint or appoints the majority of the directors of such body corporate.
1.5 "Internal Service Provider" shall mean reputable logistics or any back end service providers of Hero rummy appointed by Hero rummy that will provide various services that Hero rummy may require in order to run operations of Hero rummy for example to facilitate or outsource one or more aspects of the business, product and service operations provided on Hero rummy, including search technology, discussion boards, payments, affiliate and rewards programs, co-branded credit cards, maintenance services, database management etc.
1.6 “Intellectual Property Right” shall mean any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, technical know-how, trade secret and other confidential information, rights in the nature of any of these items in any country, and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered) and registrations of and applications to register any of them.
1.7"Losses" shall include, without limitation, losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses etc.
1.8 "Law" shall mean all the applicable statutes, enactments, acts of legislature, laws, ordinances, rules, byelaws, regulations, notifications, guidelines, policies, directions, directives and orders of any government and or any Authority.
1.9 "Pay Facility" means the automated electronic payment or collection and remittance facility provided by Hero rummy to users to facilitate payments for paid services of the Hero rummy directly through banks or indirectly third-party payment gateway facility providers to provide enabling support for collection and remittance of payment on Hero rummy.
1.10 "Service Charges" means any fees charged to you by Hero rummy for the use of Hero rummy wholly or partially or for select services, as notified on the Hero rummy from time to time.
1.11 "Policies" shall mean and include the privacy policy, rules and policy of the third party Payment Facility, and any other policies of Hero rummy as amended, provided, or communicated to you from time to time.
1.12 "Services" shall mean the services rendered by Hero rummy, such as online multiple-player gaming play, in accordance with the applicable Law.
1.13"Person" shall mean and include any individual, legal entity, company, body corporate, partnership firm, association, limited liability partnership or proprietorship, whether incorporated or not.
1.14 "User(s)" shall mean a user of Hero rummy.
2. Common terms
2.1 Hero rummy reserves the right to modify the application and/or alter these terms, provisions and/or Policies from time to time according to the development of the technology, business operation, legitimate environment, or other situation in necessity; and the amendment, modification, alteration or any change stipulated hereto (“Amendment”) shall become an integral part of this Terms of Use, with equal legal effect with. Though Hero rummy may notify you such Amendments by making in-app public notice, WE RECOMMEND YOU TO REVIEW THIS TERMS OF USE PERIODICALY FOR THE MOST UP-TO-DATE VERSION. Your continued use of Hero rummy means your consent of such Amendments.
2.2 These Terms contains rules and regulations, policies, notifications, covenants and agreements applicable to any Person who may access or use the mobile application "Hero rummy" as modified and updated from time to time and You hereby agree and acknowledge to be bound by the Terms of Use.
2.3 In order to use Hero rummy, you need to be 18 (eighteen) years of age or older 18. Hero rummy may only be used or accessed by such Persons who is of full capacity of civil conducts. If you access or use Hero rummy by providing false representation on your age, you and your guardians shall undertake the consequential liabilities of doing so as per the applicable laws and regulations; and Hero rummy shall be discharged of the legal consequences.
Notably that, if You are a natural person and you are a minor, please read and accept this Terms of Use, and access and use Hero rummy under the accompany of your natural or appointed guardian. Minors shall subject to retrained access to and use of Hero rummy within a reasonable scope. You fully understand that Hero rummy shall not be liable to the review or confirmation of the foregoing matters under this provision.
3. Registration and Account
3.1 You may choose to register and create an account on your own by creating a user name and password and providing mobile number of yourself in order to access comprehensive functions and Services on Hero rummy.
3.2 You hereby agree and acknowledge that Hero rummy will grant access to any person who has obtained your username, phone number, and password in the same manner as it would have granted access to you; and you shall be responsible for all activities conducted through your account in the name of you.
3.3 You are solely responsible for maintaining secrecy and confidentiality of your account details including your user name, mobile phone number, password and other information; and, you are full aware that you are also sole responsible for the consequences of granting use by a third-party of your account, directly or indirectly.
3.4 You acknowledge and agree that the information you provide when registering your account is true, accurate, complete, legal and in effect.
3.5 You shall immediately notify Hero rummy of any actual or suspected unauthorized use of your account. Although Hero rummy, its management team, shareholders, employees, associates, contractors or agents ("Personnel") shall not be responsible in any manner for any Losses occurring from any unauthorized use of your account due to your deliberate or negligent breach of keeping the secrecy of your account information, you may be liable for the losses of Hero rummy or such other parties as the case may be, due to any unauthorized use of your account.
3.6 Except otherwise provided by other Policies of Hero rummy, you agree that the sole purpose of registering on or using Hero rummy is to be a user to enjoy the Services provided by Hero rummy, and you shall not use Hero rummy in any manner for any illegal purpose under the applicable Law.
4. Usage of the Service
Hero rummy grants you access to it for use and enjoy the Service, provided that you are in compliance with the following terms and conditions:
4.1 You are responsible for all telecom carrier’s data plan and other fees and taxes associated with your use of our Services, if any. Hero rummy may charge you for our Services, including applicable taxes. We do not provide refunds for our Services, except as required by law.
4.2 If you provide any information that is untrue, inaccurate, not current or incomplete, other than those you provide when registering your account, or Hero rummy has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, Hero rummy reserves the right to indefinitely suspend or terminate or block Your use or access to Hero rummy in any manner whatsoever. Should any other Person act upon such untrue, inaccurate, not current or incomplete information provided or verified by you, Hero rummy, and its Personnel shall not be liable for any damages, losses, direct, indirect, immediate or remote, interests or claims etc. resulting from such information to you or to any third party. You hereby indemnify and agree to keep harmless Hero rummy in accordance with the Indemnity clause contained in this Terms of Use.
4.3 You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, servers, systems, our users, or others, including that you must not directly or through automated means:
(i) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services;
(i) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services;
(ii) send, store, or transmit viruses or other harmful computer code through or onto our Services;
(iii) gain or attempt to gain unauthorized access to our Services, servers or systems;
(iv) interfere with or disrupt the integrity or performance of our Services;
(v) create accounts for our Services through unauthorized or automated means;
(vi) collect the information of or about our users in any impermissible or unauthorized manner;
(vii) sell, resell, rent, or charge for our Services; or
(viii) distribute or make our Services available over a network where they could be used by multiple devices at the same time;
(ix) use any robot, spider, other automated device, or manual process to monitor or copy any content from Hero rummy; and
(x) attempt to or circumvent or manipulate any of the other obligations imposed by this Terms of Use and/or Hero rummy Policies.
4.4 You agree not to take advantage of Hero rummy’s Services for the commercial use, such as sale of the access to Hero rummy, sale of the in-app advertising, sponsorship or promotion opportunities on Hero rummy, etc., without prior written consent from Hero rummy. You shall never copy, distribute, exchange, modify, sell or transmit anything from Hero rummy, including but not limited to the Services on Hero rummy, except as permitted in advance by Hero rummy and the applicable Law.
4.5 You should not access Hero rummy by or through any technology stimulating a real user or automated system, and such technology includes, without limitation, robots, spiders, or offline readers that accesses Hero rummy in a repeatedly way within a period more frequently than a human being can physically produce within such time period.
4.6 You acknowledge and agree that you will not share, distribute, modify, reproduce, transfer, or in other ways to commercialized the Content that you are not authorized to on Hero rummy, directly or indirectly, in-app or in other distribution channels (including but not limited to the websites, apps, or medias), without Hero rummy’s prior written consent.
4.7 You confirm that you will have no ownership towards the Props or the broadcasting videos you subscribe, the virtual gift Hero rummy send you, or other derivative items on Hero rummy (the “Derivative Items”); and you shall only use such Derivative Items on the Hero rummy platform. Hero rummy is entitled to withdraw the Derivative Items as necessary without cause and without procuring your prior consent; you understand and agree that Hero rummy bears no liability with respect to withdrawal of the Derivative Items.
4.8 You agree to the advertising or commercial activities on Hero rummy when using the app, including but not limited to the banner advertisement, open-up advertisement, commercial activities or advertisement in the videos, etc. You accept to receiving commercial information by ways of information push, in-app publication, message or other reasonable methods; notwithstanding, Hero rummy respects your privacy and will make sure to maximize your user experiences.
5. Account Termination Policy
5.1 Hero rummy is entitled to suspend or terminate your account if you provide, or Hero rummy has reasonable ground to believe that you provide, the account details are untrue, invalid or inaccurate.
5.2 Hero rummy reserves the right to decide whether to suspend or terminate your account if it is reasonable for Hero rummy to believe that the Content you generate, create, upload, comment or share on Hero rummy is illegal, of obscenity or pornography, or in infringement to the third-party’s lawful right.
6.Our Services
6.1 “Cash Games” are Games that require the participant to have a certain minimum cash balance in their user account to participate. All other Games offered in the website and app are defined as Non-Cash Games.
6.2 You may only use the Services to Play Cash Games (as defined below) if you are 18 years of age or over. Access to our Services or any part thereof may be restricted by us from time to time in our sole decision. You confirm that you are not accessing the Services to play Cash Games from outside India or from the States of Assam, Odisha, Telangana, Sikkim, Arunachal Pradesh, Aandhra Pradesh and Nagaland in India for accessing and the Hero rummy App.
6.3 All tournaments, promotional games, practice games and cash games organized on Websites or Apps are collectively referred as “Games”, the rules applicable to each type of Game are provided under the Help section on the respective Website and App.
6.4 We charge service charges for Cash Games, which may vary depending on the nature of the Cash Game and are subject to change from time to time, Non-Cash Games are offered free on the website and app, but may be subject to entry restrictions in some cases. Service charges charged by us are inclusive of all applicable taxes, including GST.
6.5 Prior to adding cash to your user account or participating in Cash Games, you shall be responsible to satisfy yourself about the legality of playing Cash Games in the jurisdiction from where you are accessing Cash Games. If you are not legally competent to individually enter into Indian Rupee transactions through banking channels in India and/or are not accessing any Website from a permitted jurisdiction, you are prohibited from participating in Cash Games on the website. In the event of such violation, your participation in Cash Games will be deemed to be in breach of the Terms and you will not be entitled to receive any prize that you might win in such Cash Game.
6.6 You represent that you are 18 years of age or older to participate in any Games and are also otherwise competent to enter into transactions with other users and us. You are aware that participation in the Games organized by us ("Activity") may result in financial loss to you. With full knowledge of the facts and circumstances surrounding this Activity, you are voluntarily participating in the Activity and assume all responsibility for and risk resulting from your participation, including all risk of financial loss. You agree to indemnify and hold us, our employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with your participation in the Activity.
6.7 You understand and agree that you are solely responsible for all content posted, transmitted, uploaded or otherwise made available on the Portal by you. All content posted by you must be legally owned by or licensed to you. By publishing any content on the Website, you agree to grant us a royalty-free, world-wide, non- exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display, and publicly perform your content and to use such content in any related marketing materials produced by us or our affiliates. Such content may include, without limitation, your name, username, location, messages, gender or pictures. You also understand that you do not obtain any rights, legal or equitable, in any material incorporating your content. You further agree and acknowledge that we have the right to use in any manner whatsoever, all communication or feedback provided by you.
6.8 We are legally obliged to deduct tax at source (TDS) on winnings of more than 10,000/- in a single tournament, a single Pool Rummy game, or a single Points Rummy game in www.la-trobe.com or mobile application, as the case may be. In these cases, you will be required to furnish your Permanent Account Number (PAN) duly issued to you by the Income Tax authorities if you have not already done so. TDS at the rate of 30%, or such other rate as may be prescribed by law at the relevant time, will automatically be deducted from such winnings and the rest will be credited to your Hero rummy user account. Withdrawal of these winnings will only be permitted upon your providing your correct PAN details. These limits and rates are subject to change as per the prevailing rules and regulations. Our obligation in this regard is limited to deducting TDS as required by law and providing you an appropriate certificate of tax deduction. We neither advise you nor shall in any manner be responsible for your individual tax matters. We reserve the right to verify your PAN from time to time and to cancel any prize should your PAN be found inconsistent in our verification process.
7. Intellectual Property Belongings
7.1 Hero rummy reserves the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to You. We will respond to notices of alleged infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this at [email protected].
You acknowledge that Hero rummy owns all right, title and interest in and to the App, including all intellectual property rights therein. Hero rummy’s IP Rights are protected by applicable laws . Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from Hero rummy.
7.2 To operate and provide our Services, you grant Hero rummy a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform the Content in connection with the Services. The rights you grant in this license are for the limited purpose of operating and providing our Services, including, without limitation, promoting the Content for your benefit in or through other media formats or channels.
7.3 We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, our trademarks, icon, logo and other marks related, subject to and in accordance with this Terms of Use. This license is for the sole purpose of enabling You to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
8. Third Party
You acknowledge and agree that Hero rummy might contain links leading you to other website/app or sources (the “Third-party Link”), and Hero rummy has no control over the activities or contents on the landing pages of such Third-party links. Thus Hero rummy is not liable for the contents or activities carried out on the landing pages of the Third-party links. We recommend you to carefully review the respective Terms of Use and the Privacy Policy of such Third-party sources when you leave Hero rummy by clicking the Third-party links and jump to the landing pages.
9. Privacy Policy and Information Disclosure
9.1 Our Privacy Policy describes what kind of information we collect, how we handle the information You provide to us when You use Hero rummy. You understand that through your use of the Services You consent to the collection and use (as set forth in the Privacy Policy) of this information, including the storage, processing, sharing and use of this information, and the protection policy by us.
9.2 Hero rummy views the protection of user’s privacy as a very important community principle. Hero rummy clearly understands that the information provided by you, personal or non-personal, is one of the most important assets to Hero rummy. Hero rummy stores and processes the information provided by you that are protected by physical as well as reasonable technological security measures and procedures in compliance with the applicable Law.
9.3 Hero rummy may need to disclose your personal and other information or Contents provided by you when required by law or the competent govern bodies, in relation to compliance with a court order, ongoing judicial proceeding, administrative proceeding, or any other legal process or request to Hero rummy brought in any country/region where Hero rummy carries out business, or to exercise Hero rummy’s legal rights or defend against legal claims.
9.4 YOU ACKNOWLEDGE AND AGREE THAT Hero rummy may also disclose your personal and other information you provide, to another third-party as part of a re-organization or an investment into the Company or a sale of any or substantially all of the business of the Company. Any third party to which the Hero rummy or its shareholders transfer or sell Hero rummy’s shares or assets will have the right to continue to use the personal and other information that you provide.
10. Warranty Disclaimers
YOU ARE FULLY AWARE THAT Hero rummy IS A MOBILE PLATFORM OF MULTIPLE-PLAYER MOBILE GAME SO THAT YOUR USE OF THE SERVICES ON Hero rummy SHALL BE SOLELY AT YOUR OWN RISK. Hero rummy, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. Hero rummy MAKES NO WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE ACCURACY OR COMPLETENESS OF THE CONTENTS ON Hero rummy OR CONTENT FROM ANY WEBSITE/RESOURCE OR LINKED TO Hero rummy; AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III)ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/ALL FINANCIAL INFORMATION STORED THEREIN, (IV)ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES. Hero rummy DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR PROVIDED BY ANY THIRD PARTY THROUGH Hero rummy OR THROUGH HYPERLINKED IN ANY ADVERTISING PLACEMENTS ON Hero rummy. YOU ACKNOWLEDGE THAT Hero rummy WILL NOT BE A PARTY TO OR IN ANY WAY BE LIABLE FOR MONITORING THE TRANSACTION, IF ANY, BETWEEN YOU AND ANY OTHER USER OF Hero rummy OR ANY THIRD PARTY, WHERE SUCH TRANSACTION IS NOT PART OF THE SERVICES PROVIDED BY Hero rummy.
11. Limitation of Liability
In no event shall Hero rummy, its officers, directors, employees, or agencies, affiliates, service providers and Internal Service Providers be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever) out of or in connection with (i)errors, mistakes, omissions, or inaccuracies of Content; (ii)personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Hero rummy; (iii)any unauthorized access to your secure servers and/or all personal information therein; (iv)any interruption or cessation of use or Services on Hero rummy; (v)any bugs, virus, trojan horses, or the like, which may transmitted to or through our servers by any third party; (vi)any loss or damage incurred as a result of your use of the Services, and/or (vii) any delay, failure, interruption or errors in connection with the Pay Facility, whether based on warranties, contracts, torts, or any other legal theory, and whether or not Hero rummy is advised of the possibility of such damages. The limitation of liability under this provision shall apply to the full extent permitted by the applicable Laws.
12. Payment for Gaming Services
12.1 Hero rummy may include the commission fee, virtual props (“Props”) which can be bought by the users when using Hero rummy for Cash Games. Users will use real money to buy Hero rummy Props in accordance with the rules, policies and processes of Hero rummy Props system, and then use Props to support the recorded/broadcasting video they like. Before users start using the Props, Hero rummy will give the user clear instructions, and should after users confirm their willingness to pay and use the Props, Hero rummy will proceed payment proceeds of user buying the Props through the Pay Facility in accordance with the rules, policies and processes set forth. If the you refuse or choose not to follow the instruction of payments, it shall be deemed that you do not confirm your willingness of paying and use of the Props and you will not able to use such Props.
12.2 To enable users to use paid Props, Hero rummy will utilize and facilitate in the App a third party Pay Facility provide. The third party Pay Facility enables automated collection and remittance services. The third party Payment Facility shall be incorporated in Hero rummy, and the rules and policies of such third party Payment Facility will constitute an integral Policies of Hero rummy.
12.3 You agree and accept that Hero rummy is neither acting as trustee nor acting in a fiduciary capacity with respect to the Props Services in consideration of providing the third party Pay Facility for facilitation of your subscription of the Props.
12.4 Player funds are held in trust by us in specified bank accounts. Hero rummy keeps all players' funds unencumbered which will be remitted to you in due course subject to the terms and conditions applicable to withdrawal of funds. Funds held in your user account are held separately from our corporate funds. Even in the highly unlikely event of an insolvency proceeding, your claims on the deposits will be given preference over all other claims to the extent permissible by law.
12.5 Hero rummy can cancel a transaction at any point of time solely according to our discretion in which case if the payment is successful, then the transaction will be reversed, and the money credited back to your payment instrument.
12.6 Credit card, Debit card, prepaid cash cards and internet banking payments are processed through third party payment gateways. Similarly, other payment modes also require an authorization by the intermediary which processes payments. We are not responsible for delays or denials at their end and processing of payments will be solely in terms of their policies and procedures without any responsibility or risk at our end. If there are any issues in connection with adding cash, a complaint may be sent to us following the complaints procedure provided in "Complaints and disputes" section below. You agree that in such an event of your credit being delayed or eventually declined for reasons beyond our control, we will not be held liable in any manner whatsoever. Once a payment/transaction is authorized, the funds are credited to your user account and are available for you to play Cash Games.
13. Withdrawaling
13.1 You may withdraw your winnings by means of either an online e-wallet, UPI account or an electronic bank account to transfer the amount of winnings.
13.2 You agree that all withdrawals you make are governed by the following conditions:
? Hero rummy can ask you for KYC documents to verify your address and identity at any stage. Withdrawals will be permitted only from accounts for which such KYC process is complete.
? You can choose to withdraw money from your user account at any time, subject to bonus/prize money withdrawal restrictions, by notifying us of your withdrawal request. Bonuses (except Bring a Friend bonus) and promotional winnings are subject to withdrawal restrictions and can only be withdrawn on fulfilling some preconditions, one of which is that you have made at least one cash deposit on the Portal and thereafter played at least one Cash Game.
? Once notified, post verification of the withdrawal request, we may disburse the specified amount by cheque or electronic transfer based on the mode of withdrawal selected by you. We shall make our best efforts to honor your choice on the mode of withdrawal but reserve the right to always disburse the specified amount to you by cheque. In case of non-availability of your bank account details, the Company may require you to provide those details to process the refund/withdrawal. We also reserve the right to disburse the amount on the financial instrument used to Add Cash to your user account.
? Withdrawals attract processing charges as per the prevalent policy. You may be eligible to make one or more free withdrawals in a month depending on various factors including your club status, the amount of withdrawal or the mode of withdrawal. In the event that you do not have an adequate amount in your user account to pay the processing charge, your withdrawal will not be processed at that time. You may request for a free withdrawal subsequently if you become eligible for the same at such time.
? We will attempt our best to process your withdrawals in a timely manner, but there could be delays due to the time required for verification and completing the withdrawal transaction. We shall not be liable to pay you any form of compensation for the reason of delays in remitting payments to you from your user account.
? To be eligible to win a prize, you must be a resident of India and accessing the Services of Hero rummy from India.
14. Report of Grievance
In case of any grievance, objection or complaint on your part with respect to Hero rummy, other users of Hero rummy , including any complaints or enquiry about the measures Hero rummy taken with respect to your use of Hero rummy , you should promptly raise such grievance or complaint to our designated email address for grievance receiving at [email protected] and provide us with all necessary information and/or documents to enable the Hero rummy to try and resolve the issue(s).
15. Miscellaneous
15.1 No actions, omissions or decisions taken by Hero rummy shall be deemed a waiver of any rights or claims that Hero rummy may have against the user. Any user that may have been taken measures by Hero rummy such as account suspension or Content deletion may not register/restore or attempt to register/restore the Hero rummy account or the respective Content in any manner whatsoever until such time that such user is reinstated by the Hero rummy. Notwithstanding the above, if you breach this Terms of Use or the Policies and other documents incorporated therein by reference or any other agreements entered into between Hero rummy and you in addition to this Terms of Use and/or the Policies, apart from the measures stated under Article 11, Hero rummy reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against you.
15.2 None of the provisions of this Terms of Use shall be deemed to constitute a partnership or joint venture or agency between you and Hero rummy, and you shall have no authority to bind Hero rummy in any manner whatsoever.
15.3 Except as explicitly stated otherwise, any notice directed to Hero rummy shall be given by email to [email protected] and you shall pay attention to the in-app notification on the first page of Hero rummy from time to time. Notice shall be deemed to be delivered as soon as it has been given. It shall be the sole obligation of the you to keep Hero rummy updated about any change of your contact details. Failure in notice of the in-app notification on the part of the user, or failure to receive the notification on the part of user due to negligence to update the the contact details on Hero rummy, shall not render such notices invalid.
15.4 If any clause of this Terms of Use and/or the Policies thereof shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this Terms of Use and/or the Policies other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this Terms of Use and/or Policies shall be valid and enforceable to the fullest extent permitted by applicable Laws.
15.5 This Terms of Use, together with the other Policies, entered between Hero rummy and you, incorporated herein by reference, constitute the entire understanding and agreement between you and Hero rummy with respect to the subject matter herein.
15.6 Subject to the Dispute Resolution hereunder and to any dispute resolution agreement separately agreed between Hero rummy and you in any other agreements, all remedies of Hero rummy and users under this Terms of Use whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
16. Governing Law and Jurisdiction
This Terms of Use is stipulated in accordance with, and shall be governed and construed under the laws of India. If any dispute arises between you and the Company during your use of Hero rummy, and no consensus could be reached after you deliver your concern to our [email protected] and discuss with our staff, then either you or Hero rummy could refer such dispute to the competent court in India.
HROS SMART TECH PRIVATE LIMITED
17. Confidentiality
17.1 You acknowledge and agree that Hero rummy does not represent or warrant maintaining the confidentiality of Content shared, transferred, uploaded, commented or posted by you; although our endeavor is always to ensure reasonable efforts to maintain confidentiality of the information of your account, payment process or other information that Hero rummy bears the confidentiality responsibilities under the applicable Laws in accordance with Hero rummy Privacy Policy.
17.2 All confidential information given to or received by you from Hero rummy shall be kept confidential by You (whether or not such information or data has been marked as confidential) unless specifically permitted to the contrary in writing from Hero rummy.
17.3 Further Hero rummy may at any time disclose any confidential information on a confidential basis to any prospective and current investors, strategic or financial, partners or service providers other than users of Hero rummy .
17.4 This confidentiality obligation shall survive the termination of this Terms of Use.