Terms And Conditions

Please read these Terms and Conditions (“Terms” or “Terms and Conditions”) carefully before using the 747 application, 747games.in and the 747 mobile application, and any of its sub-pages (“Services” or “747” or “747 Platform”) operated by Extreme Games Private Limited (“Our” or “EGPL”).

Your access to and use of the website is conditioned upon your acceptance of and compliance with the Terms herein laid out. These Terms apply to all visitors, users, players, participants, and others who access or use the website in any manner whatsoever.

 

1.   Usage of 747

(a)  Any person ("User") accessing the 747 for participating in the various contests and games, available across the 747 Platform ("Games") shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by 747 in relation to any 747 Games or Services;

 (b)  747 shall be entitled to modify these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by 747 in relation to any 747 Services, at any time, by posting the same on 747. Use of 747 in any manner whatsoever constitutes the User's acceptance of such Terms and Conditions, rules, regulations and terms of use referred to herein or provided by 747 in relation to any 747 Services, as may be amended from time to time. 747 may, at its sole discretion, also notify the User of significant changes or modification in these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by 747, by posting notifications in the User accounts. The User may then exercise the options provided in such notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by 747. 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 Terms and Conditions, rules, regulations and terms of use referred to herein or provided by 747;

(c)   747 may, at its sole and absolute discretion:

                                          i.         Restrict, suspend, or terminate any User's access to all or any part of 747 or 747 Platform;

                                         ii.         Change, suspend, or discontinue all or any part of the Services;

                                       iii.         Reject, move, or remove any material that may be submitted by a User;

                                       iv.         Move or remove any content that is available on 747 Platform;

                                        v.         Deactivate or delete a User's account and all related information and files on the account;

                                       vi.         Establish general practices and limits concerning use of 747 Platform; and

                                     vii.         Assign its rights and liabilities to all User accounts hereunder to any entity (post intimation of such assignment shall be sent to all Users by way of an in-app notification).

(d)  In the event any User breaches, or 747 reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used 747 or the 747 Services, 747 may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to all or any part of 747 Contests or the 747 Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on 747 and further, take technical and legal steps as it deems necessary;

 

(e)  747 works on detecting breaches to their policies and ensure that traffic comes from users only. We have a strict ‘one user, one PAN card’ policy. If any Users try to transfer money from their credit cards/debit cards/paytm or any other wallets to their banks, we penalize them with a 15% charge, and if they continue to do so, we may block your funds pending investigation of your account activity. 747 is extremely strict regarding it’s money policies and ensures that the Platform is being used for the purpose of gaming only and not as a platform to transfer funds across accounts or any illegal transactions;

 

(f)   If 747 charges its Users a platform fee in respect of any 747 Services, 747 shall, without delay, repay such platform fee in case the game is not completed in 24 hours, in the event of suspension or removal of the User's account or 747 Services on account of any negligence or deficiency on the part of 747, but not if such suspension or removal is effected due to:

                                          i.         any breach or inadequate performance by the User of any of these Terms and Conditions; or

                                         ii.         any circumstances beyond the reasonable control of 747.

 

(g)  Users consent to receiving communications such as announcements, administrative messages and advertisements from 747 or any of its partners, licensors or associates.

 

2.   Intellectual Property

 

(a)  747 includes a combination of content created by 747, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all the software underlying 747 and the 747 Platform and material published on 747, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, are owned by 747, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on 747 either in whole or in part without express written license from 747;

 

(b)  Users may request permission to use any 747 content by writing in to support@747games.in ;

 

(c)   Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on 747 ("Users' Content"). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User's Content and that no part of the User's Content infringes any third-party rights. Users further confirm and undertakes not to display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on 747;

 

(d)  Users agree to indemnify and hold harmless 747, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third-party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on 747, by such User or through the User's commissions or omissions;

 

(e)  Users hereby grant to 747 and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users' Content for any of the following purposes:

                                          i.         displaying Users' Content on 747;

                                         ii.         distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it; and

                                       iii.         storing Users' Content in a remote database accessible by end users, for a charge.

This license shall apply to the distribution and the storage of Users' Content in any form, medium, or technology;

(f)   All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on 747(s) belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to 747.

 

3.   Third Party Sites, Services and Products

 

(a)  747 may contain links to other internet sites owned and operated by third parties. users' use of each of those sites is subject to the conditions, if any, posted by the sites. 747 does not exercise control over any internet sites apart from 747 and cannot be held responsible for any content residing in any third-party Internet site. 747's inclusion of third-party content or links to third-party Internet sites is not an endorsement by 747 of such third-party internet site;

 

(b)  Users' correspondence, transactions or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users' correspondence, transactions and usage of the services of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services of such third party. User agrees that 747 will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor; and

 

(c)   747 contains content that is created by 747 as well as content provided by third parties. 747 does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the 747 Services provided on 747 including while participating in any of the contests hosted on 747.

 

4.   Privacy Policy

 

All information collected from Users, such as registration and credit card information, is subject to 747's Privacy Policy which is available at Privacy Policy.

 

5.   User Conduct

 

(a)  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, 747 may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:

                                          i.         restricting, suspending, or terminating any User's access to all or any part of 747 Services;

                                         ii.         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 747 subject to a processing fee (if any) applicable on such transfers as set out herein; or

(b)  747 cannot delete any User data even upon deleting their account since we have to maintain details of how the games have been played and the money has been used.

(c)   Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by 747). Users further agree to update and keep updated their registration information;

 

(d)  A User shall not register or operate more than one User account with 747;

 

(e)  Users agree to ensure that they can receive all communication from 747 by marking e-mails or sending SMSs from 747 as part of their "safe senders" list. 747 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;

 

(f)   Any password issued by 747 to a User may not be revealed to anyone else. Users may not use anyone else's password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify 747 of any unauthorized use of their passwords or accounts or any other breach of security;

 

(g)  Users agree to exit/log-out of their accounts at the end of each session. 747 shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements;

 

(h)  Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with 747 Services and/or 747 experience or assist in such activity;

 

(i)    Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying 747 or the said Services;

 

(j)    Users agree that without 747's express written consent, they shall not modify or cause to be modified any files or software that are part of 747's Services;

 

(k)  Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (i) any computer or server used to offer or support 747 or the 747 Services ("Server"); or (ii) the enjoyment of 747 Services by any other User or person;

 

(l)    Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt 747 Services or any other person's use or enjoyment of 747 Services;

 

(m)                  Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to 747 Services by any means other than the User interface provided by 747, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of 747 Services;

 

(n)  Without limiting the foregoing, Users agree not to use 747 for any of the following:

                                          i.         To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;

                                         ii.         To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;

                                       iii.         To publish, post, upload, e-mail, distribute, or disseminate (collectively referred to as "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;

                                       iv.         To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, 747, any software, hardware, or telecommunications equipment;

                                        v.         To advertise, offer or sell any goods or services for any commercial purpose on 747 without the express written consent of 747;

                                       vi.         To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

                                     vii.         To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;

                                    viii.         To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

                                       ix.         To restrict or inhibit any other user from using and enjoying any public area within our sites;

                                         x.         To collect or store personal information about other Users;

                                       xi.         To interfere with or disrupt 747, servers, or networks;

                                      xii.         To impersonate any person or entity, including, but not limited to, a representative of 747, or falsely state or otherwise misrepresent User's affiliation with a person or entity;

                                    xiii.         To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through 747 or to manipulate User's presence on 747(s);

                                    xiv.         To take any action that imposes an unreasonably or disproportionately large load on our infrastructure; and

                                     xv.         To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.

(o)  If a User chooses a username that, in 747's considered opinion is obscene, indecent, abusive or that might subject 747 to public disparagement or scorn, 747 reserves the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts from 747, deny such User access to 747, or any combination of these options;

 (p)  Unauthorized access to 747 is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access 747 by any means other than through the interface that is provided by 747 for use in accessing 747. 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.

 (q)  Use of 747 is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit 747's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of 747;

 (r)   Users may reach out to 747 by writing us an email at support@747games.in

 (s)   Persons below the age of twenty-one (21) years are not allowed to participate on any of the contests, games (by whatever name called) on the 747 Platform. The Users will have to disclose their real age at the time of getting access into the 747 Platform; and

 (t)   747 may not be held responsible for any content contributed by Users on the 747.

 6.   Registration

 (a)  In order to be able to register on 747, the Participants are required to confirm the following:

                        i.         You do not belong to any of the States of India where game of skill is forbidden, that is, Assam, Odisha, Telangana, Nagaland or Sikkim;

                       ii.         You are over 18 years of age; and

                     iii.         You have read and agreed to our terms & conditions.

(b)  In order to register for the Games, Participants are required to accurately provide the following information:

                                          i.         Full Name;

                                         ii.         State of Residence; and

                                       iii.         Mobile Number.

(c)   In the event a Participant indicates, while entering an address, that he/she is a resident of either Gujarat, Assam, Odisha, Telangana, Nagaland or Sikkim, such Participant will not be permitted to proceed to sign up for 747.

 7.   Games

As part of its services, 747 may make available the Games on the 747 Platform.
Currently, following Games are made available on 747 Platform: 1) 747 Math and 2) 747 Discard. The game ‘747 Math’ is always played between two people, against one another. A math question appears before each player and the quickest to answer the question correctly wins the round. If both the players give the wrong answer, or answer at the same time, it’s a tie. A tie is resolved by picking the winner randomly. The winner is appropriated the entry fee of the opponent, and 20% is appropriated to the Application as commission. The second game is known as ‘747 Discard’. The game ‘747 Discard’ is always played between two people, against one another. A set of 4 cards appear before each player and the players have to discard one of the cards to create the highest hand, as per the rules of Teen Patti to determine the highest hand. The quickest to answer the question correctly wins the round. If both the players give the wrong answer, or answer at the same time, it’s a tie. A tie is resolved by picking the winner randomly. The winner is appropriated the entry fee of the opponent, and 20% is appropriated to the Application as commission. Winners of both the games get the winning money exclusive of the 20% commission which is a cost of the 747 Platform.

This gaming portal is purely based on Simple Arithmetic Equations. We do not promote any form of gambling on our website. We are not responsible for any conflicts that may arise from any illegal acts. We do not encourage any form of betting. It is the responsibility of every player to read the terms and conditions prior to registering with us. We are not liable for any loss incurred by either of the users/players. The information provided may subject to change without notice. The material contained on this site is intended to inform and educate the reader and in no way represents an inducement to gamble legally or illegally.

8.   Legality of Game of Skill

All Games available across the 747 Platform are games of skill, and are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867. Please visit the Legality section of this website to learn more about it. The Games described above (across the 747 Services) are games of skill as success of Participants depends primarily on their superior knowledge, attention and dedication towards the Games and adroitness in playing the Games. By participating in the said Games, each Participant acknowledges and agrees that he/she is participating in a game of skill.

9.   Eligibility

 (a)  The Games are open only to persons above the age of 18 years;

 (b)  The Games are open only to persons currently residing in India;

 (c)   747 may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Games. Currently, individuals residing in the Indian states of Assam, Odisha, Telangana, Nagaland or Sikkim may not participate in the Games as the laws of these states bar persons from participating in games of skill where participants are required to pay to enter;

 (d)  Persons who wish to participate must have a valid phone number, a valid PAN Card and the name of the User on the PAN Card must match that of the bank account; and

 (e)  Only those Participants who have successfully registered on the 747 in accordance with the procedure outlined above shall be eligible to participate in the Games and win prizes.

 10.  Payment Terms

(a)  In respect of any transactions entered into on the 747 Platform, including making a payment to participate in the Games, Users agree to be bound by the following payment terms:

                                          i.         The payment of pre-designated amount Users make to participate in the Games is inclusive of the pre-designated platform fee for access to the 747 Services charged by 747;

                                         ii.         Subject to these Terms and Conditions, 747 receives only its share of the platform Fees and has no control over the User funds;

                                       iii.         The 747 reserves the right to charge a Platform Fee, which would be specified and notified by 747 on the Games page, being created on 747 Platform, prior to a User's joining of such Games. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s account balance and 747 shall issue an invoice for such debit to the User;

                                       iv.         Withdrawal of any amount standing to the User's credit in the Winnings Account may be made by way of a request to 747.

                                         v.         EGPL bears the bank processing fee for the amount being withdrawn by the User;

                                       vi.         Users agree that once they confirm a transaction on 747, they shall be bound by and make payment for that transaction;

                                      vii.         The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that 747 has on third parties, any transactions on 747 Platform may take up to 48 hours to be processed. Users agree not to raise any complaint or claim against 747 in respect of any delay, including any lost opportunity to join any Games or round due to delay in crediting of transaction amount into any of the User's accounts.
A transaction, once confirmed, is final and no cancellation is permissible. 747 may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.

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

The decision of 747 with respect to the awarding of prizes shall be final, binding and non-contestable.

Participants playing the Games confirm that they are not residents of any of the following Indian states – Gujarat, Assam, Odisha, Telangana, Nagaland or Sikkim. If it is found that a Participant playing the paid formats of the Games is a resident of any of the abovementioned states, 747 shall disqualify such Participant and forfeit any prize won by such Participant. Further 747 may, at its sole and absolute discretion, suspend or terminate such Participant's account with 747. Any amount whatsoever remaining unused in the User's account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User's bank account on record with 747, subject to the processing fee (if any) applicable on such transfers as set out herein.

If it is found that a Participant playing the Games is under the age of eighteen (18), 747 shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, 747 may, at its sole and absolute discretion, suspend or terminate such Participant's account.

747 may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against 747 or question its right to modify such prizes being offered, prior to closure of the Games.
The Winners shall bear all transaction charges levied for delivery of cash prizes, including TDS deducted on winnings of Rs. 10,000/- or more.

12.  Publicity

 

Acceptance of a prize by the winner constitutes permission for 747, 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 747 without any charge. The exact dates remain the sole discretion of 747. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.

 

13.  General Conditions

 

If it comes to the notice of 747 that any governmental, statutory or regulatory compliances or approvals are required for conducting any Games or if it comes to the notice of 747 that conduct of any such Games is prohibited, then 747 shall withdraw and / or cancel such Games without prior notice to any Participants or winners of any Games. Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest, or contest it in any manner.

Employees, directors, affiliates, relatives and family members of 747, will not be eligible to participate in any Games.

 

14.  Dispute and Dispute Resolution

 (a)  The courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the 747 Services provided by 747 (including the Games), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or 747, 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;

 (b)  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 amicably through discussions. In the event that the parties are unable to resolve the dispute within thirty (30) days of receipt of Notification, the dispute shall be settled by arbitration;

 (c)   The place of arbitration shall be Mumbai, India. 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;

 (d)  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. 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; and

(e)  Nothing contained in these Terms and Conditions shall prevent 747 from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard 747's 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 court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of 747 to pursue any remedy for monetary damages through the arbitration described herein.

 

15.  Release and Limitations of Liability

(a)  Users shall access the 747 Services provided on 747 voluntarily and at their own risk. 747 shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the 747 Services (including participation in the Games) or as a result of acceptance of any prize;

 (b)  By entering the contests and accessing the 747 Services provided therein, Users hereby release from and agree to indemnify 747, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the 747 Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise;

 (c)   747 accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes;

 (d)  Users shall be solely responsible for any consequences which may arise due to their access of 747 Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to 747 Services, including provision of incorrect address or other personal details. Users also undertake to indemnify 747 and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by 747 on account of such act on the part of the Users;

 (e)  Users shall indemnify, defend, and hold 747 harmless from any third party/entity/organization claims arising from or related to such User's engagement with the 747 or participation in any Contest. In no event shall 747 be liable to any User for acts or omissions arising out of or related to User's engagement with the 747 or his/her participation in any Games; and

 (f)   In consideration of 747 allowing Users to access the 747 Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against 747, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of 747 Services or related to the Games or the prizes of the Games.

 16.  Disclaimers

 (a)  To the extent permitted under law, neither 747 nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material;

 (b)  To the extent permitted under law, 747 shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, 747 services or sites, cancellation of competition and prizes. 747 disclaims any responsibility for, and if a User pays for access to one of 747's Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by 747's maintenance on the servers or the technology that underlies our sites, failures of 747's service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, 747 does not provide any warranty as to the content on the 747(s). 747(s) content is distributed on an "as is, as available" basis;

 (c)   Any material accessed, downloaded or otherwise obtained through 747 is done at the User's discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User's computer system or loss of data that results from a User's download of any such material;

 

 (d)  747 shall make best endeavours to ensure that the 747(s) is error-free and secure, however, neither 747 nor any of its partners, licensors or associates makes any warranty that:

                        i.         the 747(s) will meet Users' requirements,

                       ii.         747(s) will be uninterrupted, timely, secure, or error free

                     iii.         the results that may be obtained from the use of 747(s) will be accurate or reliable; and

                     iv.         the quality of any products, 747 Services, information, or other material that Users purchase or obtain through 747com(s) will meet Users' expectations.

(e)  In case 747 discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User's account, 747 reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, 747 agrees to notify the User of the error and of the exercise of the remedy to rectify the same;

 (f)   To the extent permitted under law, neither 747 nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages;

 (g)  Any 747 Services, events or Games being hosted or provided, or intended to be hosted on 747 Platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant 747 Services, events or Games are hosted or provided; and

 (h)  To the extent permitted under law, in the event of suspension or closure of any Services, events or Contests, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.

 

17.  Miscellaneous

 (a)  747 may be required under certain legislations, to notify User(s) of certain events. User(s) hereby acknowledge and consent that such notices will be effective upon 747 posting them on the 747 or delivering them to the User through the email address provided by the User at the time of registration. User(s) may update their email address by logging into their account on the 747. If they do not provide 747 with accurate information, 747 cannot be held liable for failure to notify the User;

 (b)  747 shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond 747's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials or any cancellation of any cricket/football/basketball/kabaddi match to which a Contest relates. In such circumstances, 747 shall also be entitled to cancel any related Games and to process an appropriate refund for all Participants;

 (c)   747's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision;

 (d)  Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the 747 or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred;

 (e)  These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and 747 Gaming Private Limited and govern your use of the 747, superseding any prior agreements that any User may have with 747 Gaming Private Limited;

 (f)   If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force;

 (g)  747 reserves the right to moderate, restrict or ban the use of the 747, specifically to any User, or generally, in accordance with 747's policy/policies from time to time, at its sole and absolute discretion and without any notice;

 (h)  747 may, at its sole and absolute discretion, permanently close or temporarily suspend any 747 Services (including any Games).

 

18.  Standard Terms and Conditions of "Cashback Promotion"

 

(a)    The referral program started on December 10, 2018. The company is not liable to payout in any form for the referrals made before this date.

(b)   If the company sees any unusual activity from any player that is referred by you, the company can at any time deactivate and disallow the player from engaging in the platform.

(c)    If your account is deactivated or suspended due to any reasons, the company will not be liable to payout the referral bonus from that point onwards.

(d)   EGPL reserves the right to change the bonus structure at any point in time while the program is active. EGPL reserves the right to discontinue the referral bonus program and will not be liable to pay out the bonus after that.

(e)    For more information regarding the referral program and / cashback program please visit our website.

 

19.  User’s Responsibility

(a)  By accepting "I Confirm/Accept" you as a player has become responsible for the terms and conditions mentioned therein.

(b)  If you choose to play online, there are some general guidelines that can help make your playing experience safer, and reduce the risk that problems can occur:

(c)   Play for entertainment, and not as a way of making money.

(d)  Players are limited to one account per person. One phone number per pan card. The use of multiple wagering accounts is considered cheating.

(e)  Play with money that you can afford to lose. Never use money that you need for important things such as food, rent, bills, or tuition.

(f)   Set deposit limits and ensure you never deposit more than you can afford to lose.

(g)  Never chase losses. If you lose money, don't play higher stakes to try and recoup your losses.

(h)  Don't play when you are upset, tired, or depressed. It is difficult to make good decisions when you are feeling down.

(i)    Balance your playing with other activities. Find other forms of entertainment so playing does not become too big a part of your life.

(j)    The player accepts the risk of loss of money during 747 games.

(k)  Player understands that hacking the game through computer software or other means is disallowed and that we will carry legal action under Section 43 and section 66 of the IT Act cover the civil and criminal offenses of data theft or hacking respectively.

(l)    By accepting "I Confirm/Accept" you as a player will not misuse the platform as below and understand the consequences:

                                 i.         Using the platform as an escrow - a way to transfer money from one account to other to avoid some fee or any other intent than playing games. If we notice such behavior, EGPL has the rights to frisk the money and penalize the player upto 100% of the amount at EGPL’s discretion.

                                ii.         Attempt to hack the application will be considered as illegal and the company will take legal action against the accused.

                              iii.         EGPL reserves the right to reverse unfair games without any notice or intimation.

                              iv.         At EGPL’s discretion, we can take back any free play awarded to players who misuse the platform.

 

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APP. THE APP IS AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APP. WE HAVE NO DUTY TO UPDATE OR MODIFY THE APP AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR OUR AGREEMENT WITH YOU CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF Rs. 3,000/- (RUPEES THREE THOUSAND ONLY). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.

 

20.  Reviews, Feedbacks, Ratings & Submissions

 

(a)  You grant us ownership rights over the ratings, feedbacks, reviews, comments, ideas, suggestions or any other submissions (collectively called “Submissions”) posted or given by you under any listing or section of 747 website or across the Platform. We shall be and remain the owner of such submissions and have exclusive rights, without any limitation or obligation, to use or reuse such submissions for any commercial, non-commercial or any other use. We are also entitled to modify, delete, reproduce, publish, distribute or create derivative work out of any kind of submissions done by its users;

(b)  However, we shall not be responsible for any infringements of terms of use, copyrights, trademarks, privacy, etc. We shall be under no obligation to protect, maintain privacy, respond or compensate for any submissions made by its users. We cannot be held responsible for any abusive, offensive, indecent, threatening, unlawful, obscene submissions done by its users.

 

21.  Contact Us

If you have any questions about these Terms, please contact us. In accordance with Information Technology Act, 2000 and rules made thereunder, necessary details of the Grievance Officer who can be contacted with respect to any complaints, questions, comments or concerns with respect to this Policy are provided below:

 

Grievance Officer: Mr. Ravi Mudaliyar, Customer Support Leader.

Address: 4, Marble Arch, Pune, Maharashtra, 411007

Email ID: support@747games.in

 

BY USING THE 747 SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

 

 

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