Definitions:

Unless the context otherwise requires or unless otherwise defined or provided for herein, the capitalized terms used in the Terms shall have the following meanings:

 

“Person” shall mean and include an individual, an association, a corporation, a partnership, a joint venture, a trust, an unincorporated organization, a joint stock company or other entity or organization, including a government or political sub-division, or agency or instrumentality thereof and/or any other legal entity recognized as such under the applicable laws of the territory in which it is incorporated

 

“Date of Commencement” shall mean the date on which the User Agreement comes into force or is deemed to come into force between the User and WAY2TUCH INDIAS PRIVATE LIMITED, and shall be the date from which a User first accessed or uses the Website/Mobile Application or registers with the Website/Mobile Application  or begins availing the Services, whichever is earliest.

 

“Services” shall mean the services offered by WAY2TUCH INDIAS PRIVATE LIMITEDthrough the Website/Mobile Application whereby an Authorized User may access the Website/Mobile Application to avail the following logistic services from WAY2TUCH INDIAS PRIVATE LIMITED.

 

” WAY2TUCH INDIAS PRIVATE LIMITED” shall mean any Person who will be providing the services defined hereunder to the Authorized User in pursuance of the order placed on the Website/Mobile Application and subject to the Terms.

 

“Terms” shall mean collectively the Terms and Conditions of Use, the Privacy Policy, the Disclaimer of the Website/Mobile Application  and any other terms and conditions which may be applicable to availing the Services as detailed in the relevant page pertaining to such Services as amended or modified from time to time

 

 

“Intellectual Property" shall include all patents, copyrights, trademarks, logos, brand names, corporate names, designs and artistic creations and all information, ideas, technology, software, and processes of inventions, improvements and discoveries, trade secrets, data and know-how and similar rights of any type, whether or not capable of being registered.

 

“Registered Account” shall mean the account granted to a Registered User with the Website/Mobile Application after registration by the User with the Website/Mobile Application which may be used for future transactions as well

 

“User(s)” or “You/Your” shall include both Authorized Users (as defined below) and Unauthorized Users (as defined below “Authorized User” shall include:

 

 

Registered Users, i.e., Persons registered with the Website/Mobile Application with a User login ID and password and who hold Registered Accounts,

 

Guest Users, i.e. Persons other than Registered Users who have access to the Website/Mobile Application with the intention to browse the Services available without a Registered Account in the manner stated below, and

 

Persons other than Unauthorized Users “Unauthorized User” would mean any Person who does not have a legal right to access the Website/Mobile Application  or avail of the Services, any Person who has for any reason (by the operation of law or otherwise) been prohibited from accessing the Website/Mobile Application  or availing of the Services or hackers. Such Unauthorized User would also be fully bound by the terms, conditions and obligations set forth in the Terms and shall be liable to abide by the same

 

“User Agreement” shall mean the legally binding contract deemed to exist between a User and WAY2TUCH INDIAS PRIVATE LIMITEDand shall consist of the Terms as modified from time to time. However, it is hereby clarified that insofar as these Terms also apply to an Unauthorized User, the User Agreement shall only serve to define the obligations and liabilities of such Unauthorized User and shall not bind WAY2TUCH INDIAS PRIVATE LIMITED  to perform any services or conditions or obligations, nor does it entitle the Unauthorized User to claim any rights, protection or benefits of any nature whatsoever thereunder

 

“Mobile Platform” means a platform operated by a third party (e.g. “App Store” operated by Apple, or “Google Play” operated by Google), where You may access and download the Apps to Your Device.

 

 

“Policy” means the privacy policy, which describes how we collect, use, process, store and share information that We collect about You, and which is incorporated here by this reference as a part of WAY2TUCH INDIAS PRIVATE LIMITED.

 

“Third Party Suppliers” means third party suppliers who offer Content and/or services in conjunction with or through the Services.

 

About WAY2TUCH INDIAS PRIVATE LIMITED  

 

WAY2TUCH INDIAS PRIVATE LIMITEDis a mobile platform providing online gaming services which You are about to download, install, access and/or use, whether on Your Device, or on Our website or any other platform.

 

Terms and Conditions of Use

 

This Terms constitutes a legal agreement between you and WAY2TUCH INDIAS PRIVATE LIMITED. It contains important information about Your rights and obligations in relation to the use of the Apps and related Services.

 

If You download, install, access or use Our Apps or related Services, you hereby confirm Your consent to be bound by the terms and conditions of this program, including the Policy. If You do not agree with any of the terms and conditions of this program, please, do not download, install, access or use the Apps or related Services.

 

By installing, accessing or using our Apps or related Services You also confirm that You are the owner of or otherwise legally use the Device, and that You are at least 18 years of age and have a full legal capacity to enter into this agreement. In case You are 18 years of age, you hereby confirm, that Your Representative has reviewed and agrees to the terms and conditions of this WAY2TUCH INDIAS PRIVATE LIMITED   and allows You to access and/or use our Apps and related Services.

 

Our Apps download/purchase page may contain certain additional terms, conditions and requirements, which constitute a part of WAY2TUCH INDIAS PRIVATE LIMITED. In case You download/purchase the Apps through the Mobile Platform, please, review the terms and conditions of the owner of that particular Mobile Platform, which may provide for certain additional requirements applicable to the download of the Apps through that Mobile Platform, its installation and use.

 

Binding agreement may also be concluded between us, and a person other than User, but for the benefit of the latter (contract to the benefit of third party). This shall be the case, if a payer wishes to acquire a virtual item for the User. In such circumstances, only the User may demand respective consideration from us.

 

WAY2TUCH INDIAS PRIVATE LIMITEDreserves the right at any time to modify these Terms and Privacy Notice, and to impose new or additional terms and conditions on your participation in our Games. You should check this web page for new versions periodically. You may object to the changes within two weeks from the date of publication of respective changes, by contacting our support team. If you do not object within two weeks, the changes shall be deemed accepted by you. If you do object within two weeks, we may terminate the Agreement with you.

 

 

Games and participation

 

You are responsible for selection of the proper internet connection and/or paying any related charges that You may incur for accessing and/or using Our Services. For the exact amount of the charges, service plans and other conditions of the wireless or data connection services You shall enquire with Your mobile operator or Your internet service provider before You access and/or use Our Services. We make no representation that Our Services can be accessed on all wireless service plans or at any particular location.

 

This Platform may not be used by residents of Arunachal Pradesh,Assam,Odisha,Telangana,Andhra Pradesh,Sikkim,Nagaland or Tamil Nadu. Further, there may be certain games that may be restricted in some additional states.

 

You have to make sure before downloading the Apps that they are available in any of the languages of Your preference. We make no representation that the Apps are or will be available in all languages.

 

We make no representation that Our Apps can be used (including availability and functioning of all features) and Our Services can be accessed on any Device.

 

When You purchase the Apps or related Services from a Mobile Platform, including subscriptions and in-app purchases, the payment for such purchases may be processed either by third parties on Our behalf, or directly by the owner of the Mobile Platform. When purchasing the Apps or related Services, including subscriptions and in-app purchases, you agree that the digital content will be available to You immediately, and acknowledge that You will lose Your rights to the 14 days cancellation period. If You download the Apps from a Mobile Platform owner, before effecting the purchase from the Mobile Platform, please also review and accept the terms and conditions of that Mobile Platform owner with regard to Your rights to cancel orders and get related refunds.

 

You can find information about our Games, their features, gameplay, functions and system requirements on our web site, on application stores and on other platforms. We are constantly developing our Services in consideration of User interest, and therefore, we may replace, add or exclude, alter and modify our Games and their characteristics at any time. Our Games can only be used in the currently valid versions and WAY2TUCH INDIAS PRIVATE LIMITED   is under no obligation to continue providing either support or updates for versions of a Game that are not up to date.

 

The Apps may contain specific rules, controls and guidelines, which can be found within the Apps themselves and which are related with the use of the Apps. Such rules, controls and guidelines form a part of terms and You agree that You shall comply with them.

 

We aim to improve your usage experience and may add new or remove existing features and content in our Games, but we will only do so taking into consideration and balancing User interests. For reasons that include, without limitation, system security, stability, and multiplayer interoperability, we may need to update, create new versions of or otherwise enhance Games and accordingly, the system requirements to participate in Games may change over time. You consent to such automatic updating.

 

You understand that WAY2TUCH INDIAS PRIVATE LIMITED’s introduction of various technologies may not be consistent across all platforms and that the performance of our Games may vary, depending on your computer and other equipment.

 

We make no warranty or representation regarding the availability of Our Services at any particular time or location. There may be times when Our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

 

You may contact our support team through our web site, by using this link, and/or you may send us an e-mail to support@waytuch.in at any time. We do not provide telephone support at the moment.

 

If your Game is connected to your user account on any platform (such Google Play, Apple Game Center) and you lose access or experience any other issues with your user (email) account on that platform, please contact the customer support of the respective platform or email provider. We cannot change your platform user account connected to the Game.

 

Maintenance may affect availability of our Games and will only happen in due consideration of User interests. Downtimes may also be caused by technical problems beyond our control.

 

You agree that WAY2TUCH INDIAS PRIVATE LIMITEDreserves the right to manage, regulate, control, modify and/or eliminate, game elements (which may, among other things, make Virtual Items substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely) – for purposes of gameplay and multiplayer balancing. All Virtual Items remain our property.

 

Hereby you acknowledge that our Games may contain information about our other products or services or special offers. They constitute the integral part of our Games.

 

Games may contain advertising of third-party products and services. WAY2TUCH INDIAS PRIVATE LIMITEDdisclaims any responsibility for content of such advertising that is not a part of our Games. If you wish to opt-out from receiving and/or viewing ads, you may inform WAY2TUCH INDIAS PRIVATE LIMITED  by sending us an email to support@waytuch.in.

 

Ownership and license

 

WAY2TUCH INDIAS PRIVATE LIMITED   hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access our Games and to download and install client mobile and desktop applications for this purpose, for your non-commercial entertainment use only, provided that you are in compliance with these Terms. Your license confers no title or ownership in the Games; they are licensed, not sold, to you. Your license to each Game that you access is subject to your prior acceptance of these Terms and your compliance. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, publicly perform or display, transmit or otherwise communicate, adapt, publish the Games in any manner. Any attempt to do so is a violation of the intellectual property Right and this agreement with WAY2TUCH INDIAS PRIVATE LIMITED. You may not use our trademarks, any and all Game content apart of our Games, which includes, without limitations, artwork, music, trade dress, or User generated content of other’s, without our prior written consent. The foregoing grant of license shall be automatically revoked as of the moment that any of the foregoing conditions are no longer met by you.

 

You may not copy (except as expressly permitted by these Terms), decompile, reverse-engineer, disassemble, attempt to derive the source code of Games, modify, or create derivative works based on our Games, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).

 

If you access the Service for making deposits or playing Games from a jurisdiction where Games are not permitted, you shall be entirely liable for any legal or penal consequences and we shall be entitled to forfeit the balance in your account.

 

If any of the Terms are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi - judicial body in India, it will not affect the validity and enforceability of the remaining Terms. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by you shall not be construed as a waiver of our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches. If a promotion, game, event, competition or tournament is organized by us on a Portal, it shall be governed by the Terms and any supplementary terms and conditions which may be specifically applied for that promotion, game, event, competition or tournament.

 

Except for use of the Games as permitted herein, any other use of Games, or any respective parts is strictly prohibited and infringes our intellectual property rights and may subject you to civil and criminal penalties, including possible monetary damages. Rights to trademarks, Games and all associated content, are reserved to their respective owners and protected by copyright, design, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any content of our Services, unless we expressly authorized you to do so. You may not remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Services.

 

We agree to enable you to contribute User generated content (“UGC”) – photos, music, artwork and texts, and in exchange, when you contribute UGC to us, you expressly grant to WAY2TUCH INDIAS PRIVATE LIMITEDa non-exclusive, perpetual, royalty-free, worldwide, complete and irrevocable right to quote, use, reproduce, modify, transmit or by other ways communicate, create derivative works of, print, sublicense, publicly display and perform UGC, or any portion thereof, in any manner, on any medium, whether now known of hereafter devised, without notice, payment or attribution of any kind to you or any third party (i.e. anonymously). You grant us all licenses, consents and clearances to enable WAY2TUCH INDIAS PRIVATE LIMITEDto use UGC for such purposes.

 

 

Nature and use of the Platform

 

To use the Services on this Website and start playing games, it is mandatory that You register. To register on the Website, you will have to provide WAY2TUCH INDIAS PRIVATE LIMITEDwith your current, complete, and accurate information as may be required by the Website. 

 

On the Homepage of the Website you can initiate the registration process. Registration/signing up confirms your acceptance of these Terms.

 

The Website requires you to create a Username/Login Name and a password to access the Website. You are also required to furnish information like a valid email address for the registration process. While the login name needs to be unique it must not be vulgar, racist, blasphemous or otherwise offensive (as determined by WAY2TUCH INDIAS PRIVATE LIMITED   at its sole discretion). Further, the login name should not infringe any trademark or other proprietary rights of a third party. Your Username has to be in accordance with these Terms and/or other applicable agreements.

 

Your account with the Website is personal to you. The responsibility for maintaining the confidentiality of this account is solely dependent on you. You will be responsible for any and all activity on this account. You are advised not reveal account details like login name and password or to transfer or make available this account for use to anyone at any time. Similarly, you are advised not to use anybody else's account. If you find any unauthorized use of your account or theft of Your account, you must immediately notify WAY2TUCH INDIAS PRIVATE LIMITEDof such event. If required and/or requested, you also agree to provide WAY2TUCH INDIAS PRIVATE LIMITEDwith evidence of such theft or unauthorized use.

 

In case of theft of your account or unauthorized use of your account by anyone with or without your knowledge and any loss incurred due to such a use, WAY2TUCH INDIAS PRIVATE LIMITEDwill not be held liable for any such loss. 

 

If your Game is connected to your user account on any platform (such Google Play, Apple Game Center) and you lose access or experience any other issues with your user (email) account on that platform, please contact the customer support of the respective platform or email provider. We cannot change your platform user account connected to the Game.

 

The Website may require you to verify the accuracy of the information provided by you during registration, also you comply to provide Us with additional contact information or otherwise as and when required. However, it should be noted that the Website reserves the right to cancel, suspend or terminate Your account in case of any violation of the Terms.

 

The Website restricts You from distributing or distributing via uploading your Username or Login and password or any other sensitive registration information on the web.

 

It is expected of you to treat other players with respect and courtesy during your use of the services rendered by the website. If it is found by us or another player lodges a complaint with us with respect to your violation of this Term and use of abusive, vulgar, racist, or any kind of offensive or provocative remark, conversation or otherwise, we shall be fully entitled to cancel, suspend or terminate your account with the Website.

 

You agree to not hold WAY2TUCH INDIAS PRIVATE LIMITED   for any claim, demand, damage, or loss including reasonable attorneys' fees, asserted by any third party, due to or because of Your use of the Services or due to the use of the third party use of any or all Services using Your account.

 

Account Validation 

 

The Website may validate your account via email or phone as required. However, it should be noted that WAY2TUCH INDIAS PRIVATE LIMITED   the right to validate your accounts. 

 

All players registered with valid email ID and Mobile number (to be provided during registration) will be eligible to receive promotion and campaign offers mailers, SMS’s & push notifications from WAY2TUCH INDIAS PRIVATE LIMITEDfor all its products.

 

However if player do not want to receive mailers, SMS can unsubscribe (opt out),For unsubscribing player can either email us to support@waytuch.in, by providing their user details and other information as requested (for e.g. username, registered email & SMS). Players can be rest assured their email id & mobile number will not be shared with third party and will be exclusively kept confidential for internal use.

 

In case of unsuccessful validation, the Website reserves the right to stop players from logging in into the Website.

 

The Website may require proof of Your identification at any given time and You as a user need to comply by the same. It may however be noted that the information thus provided is kept confidential and can be used only for internal purposes to confirm the authenticity of the account created.

 

 

Links to Third Party Suppliers, Content and services they provide

 

We may link or provide access to Third Party Suppliers websites or services from Our Services, or Our Apps may be provided in connection with the advertising, services and Content of Third-Party Suppliers. We are not responsible for the availability of such websites or resources of the Third-Party Suppliers, and We are not responsible or liable for any Content, advertising, or services they provide. Any Content, advertising or services by such Third Party Suppliers are provided following the terms of services and privacy policies to be found on the website of the respective Third Party Supplier and, where applicable, You must familiarize Yourself and accept the terms of services and privacy policies of such Third Party Suppliers before using their services. We are not responsible or liable, directly or indirectly, to You in relation to any losses, damages or harm caused by or in connection with use of any such Content or services by the Third-Party Suppliers. Any additional charges You may incur in relation to the use of the services by such Third-Party Suppliers is Your responsibility.

 

User Generated Content Policy

 

User Generated Content (UGC) policy. You may not submit UGC that is (i) offensive, unlawful, obscene, defamatory, libelous, threatening, abusive, inappropriate, pornographic, harassing, hateful, or otherwise unlawful or violates any law; (ii) fraudulent or misrepresentative; (iii) protected by any applicable copyright laws, trade secret or that otherwise infringe the privacy rights, property rights, or any other rights of any person; (iv) an advertisement or solicitation of business, funds, products or services; or (v) impersonating another person or invading the privacy of any third party. We reserve the right (but shall have no obligation) to decide whether any UGC that you use complies with these Terms and we may in our sole discretion remove such UGC, suspend and/or terminate Agreement with the User in question.

 

WAY2TUCH INDIAS PRIVATE LIMITEDis neither obliged, nor able to pre-moderate User Generated Content and does not guarantee the accuracy, quality, or integrity of any UGC communicated via the Services. By using the Services, you acknowledge and accept that you may be exposed to material you find offensive or objectionable.

 

Privacy

 

Use of the WAY2TUCH INDIAS PRIVATE LIMITED Gaming App is subject to our Privacy Policy, which is available at _________________.

 

Gaming policy and Code of Conduct

 

We agree that your use of the Services should be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Services in order to:

 

defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable.

post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable.

 

violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);

 

 

upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computers;

 

improperly use support channels or complaint buttons to make false reports to WAY2TUCH INDIAS PRIVATE LIMITED.

 

develop, distribute, or publicly inform other users of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.

 

exploit, distribute or publicly inform others about any Game error, miscue or bug which gives an unintended advantage.

 

use the Services or any part thereof for performing in-Game services, such as power-levelling and item collection services, in exchange for any consideration.

 

advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to your User account or Virtual Items to any third party for consideration unless WAY2TUCH INDIAS PRIVATE LIMITEDexpressly authorizes otherwise.

 

transmit unauthorized communications through the Services, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items.

 

exercise any fraudulent/illegal activity that could lead to false payment in the Services, such as getting any advantages and/or Virtual Items without actual payments.

 

transmit, make available or otherwise promote or support cheats, hacks, cracks, malicious programs, viruses or any other computer code, files or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with, change or limit the functionality of the Games or any portion thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user’s uninterrupted use and enjoyment of our Games;

 

exercise any fraudulent/illegal activity that may lead to change of features and parameters of the Services or any parts thereof, including recovery of used advantages and/or getting additional advantages, including advantages which can be received without payments.

 

create any User account by automated means or false pretences, create more than one account per device, or use any other User account(s) for any purpose, including to circumvent a suspension or ban.

 

exercise any time changes (i.e. changing time zones on your device, other change of device time for 2 days or more) that may lead to acquiring additional advantages in Games or to prolong the term of advantages.

 

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

violate any applicable laws or regulations or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software or cheats or hacks for the Games.

 

If you notice any suspicious misconduct or misuse of the Services, we encourage you to report it by sending us an email to support@waytuch.in.

 

Refer A Friend

 

By clicking a link on the Website, you can invite friends and acquaintance or any other person to WAY2TUCH INDIAS PRIVATE LIMITEDto use its Services. By doing so, you get the option to choose the email client or social network provider from which you wish to use the contact to send invite to. You get an option to pick your specific contacts from your email provider or your social network provider and sent them the invite to join you on WAY2TUCH INDIAS PRIVATE LIMITED. You understand and accept that all your personal information is kept private and is not disclosed to anyone.

In the above, WAY2TUCH INDIAS PRIVATE LIMITEDuses third party website to import your contacts, from which you can pick and send invite to only specific contacts.

 

Limitation of Liability

 

In addition to specific references to limitation of liability of ‘WAY2TUCH INDIAS PRIVATE LIMITED” elsewhere in the Terms, under no circumstances (including, without limitation, in contract, negligence or other tort), ‘WAY2TUCH INDIAS PRIVATE LIMITED” shall be liable for any injury, loss, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with your access to, or use of, or inability to access or use, the Services on any Website or App in the Portal. You further agree to indemnify us and our service providers and licensors against any claims in respect of any such matter.

Without limiting the generality of the foregoing, you specifically acknowledge, agree and accept that we are not liable to you for:

the defamatory, undesirable or illegal conduct of any other user of the Services;

any loss whatsoever arising from the use, abuse or misuse of your user account or any feature of our Services on the Websites;

any loss incurred in transmitting information from or to us or from or to our Websites by the internet or by other connecting media;

any technical failures, breakdowns, defects, delays, interruptions, improper or manipulated data transmission, data loss or corruption or communications’ infrastructure failure, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Services;

the accuracy, completeness or currency of any information services provided on the Websites and Apps;

any delay or failure on our part to intimate you where we may have concerns about your activities; and

your activities / transactions on third party websites or apps Portal accessed through links or advertisements posted in the Portal.

Notwithstanding anything to the contrary contained in the Terms or elsewhere, you agree that our maximum aggregate liability for all your claims under this agreement, in all circumstances, other than for the payment of any withdrawable balance in your user account, shall be limited to Indian Rupees Two Hundred only (INR. 200/-)

 

 

Termination of Agreement

 

The Agreement between WAY2TUCH INDIAS PRIVATE LIMITEDand User runs for an indefinite term. Either party may terminate the Agreement at any time by giving 14-days’ notice (this requires written or electronic mail communication). You may also terminate the Agreement with us with immediate effect by deleting Game from your device or from your social network applications.

 

Either party may terminate the Agreement for cause without giving notice. Grounds for such termination for cause include material breach of these Terms. If the User fails or WAY2TUCH INDIAS PRIVATE LIMITEDhas strong grounds to believe that he/she has failed to comply with any of the provisions of these Terms, WAY2TUCH INDIAS PRIVATE LIMITEDwithout notice may: (i) terminate the Agreement with the User and delete his/her account and the User will remain liable for all amounts due under his/her account up to and including the date of termination; and/or (ii) prevent the User’s further access to the Services (or any part thereof), (iii) temporarily suspend the User account/Game access and/or Game support services until the breach is cured.

 

WAY2TUCH INDIAS PRIVATE LIMITEDreserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time and WAY2TUCH INDIAS PRIVATE LIMITED  will not be liable to User or any third party should it exercise such rights.

 

 Technical data usage

 

You agree that WAY2TUCH INDIAS PRIVATE LIMITED  may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, which is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Games. WAY2TUCH INDIAS PRIVATE LIMITEDmay use this information to improve its products or to provide Services to you, as long as it is in a form that does not personally identify you.

 

Information collected from User is subject to then-current policies of applicable social network or application store. By using the Services, you may be granting a social network or application store permission to share your e-mail address and any other personally identifiable information with WAY2TUCH INDIAS PRIVATE LIMITED. We are committed to respect your privacy and the confidentiality of your personal information. We will process your personal information in accordance with our Privacy Notice. Please read it carefully before you commence to use our Services.

 

 

 

Disclaimer

 

WAY2TUCH INDIAS PRIVATE LIMITEDclearly disclaims and/all warranties or conditions of any kind, express, implied or statutory, this also includes without limitation the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.

The content present on the Website is provided strictly on as is where is basis with any liabilities or flaws and any representation, warranty, conditions or guarantee whatsoever, expressed or implied. We do not ensure or guarantee continuous, error-free, secure or virus-free operation of the Website or any of its contents not limited to including software, games, your account or continued operation or availability of any facility on the Website.

It is possible that You may not be able to access your account or the services rendered at times due to but not limited to system maintenance and updates for short periods of time or exteded periods of time. We neither promise nor ensure that You will be able to access your account at all times, you accept and agree to this Term

You agree and accept that you are voluntarily participating in the games of skill available on the Website and you have knowledge that the result of these games may incur financial loss to You. You also agree to not hold WAY2TUCH INDIAS PRIVATE LIMITED, its owners, partners, directors, officers, employees and agents harmless with respect to any and all claims and cost, including of losses incurred, associated with Your usage of the Website.

Your participation and usage of the Website is voluntary, and you are solely responsible for any and all action therein, irrespective of their occurrence, before, during or after your usage of the Website.

You acknowledge that You are solely responsible for any action that arises from Your participation and /or with usage of the Website, regardless if occurring before, during or after the period of such usage.

As per provision provided in the law, and in consideration for being allowed to access the Website, You do not hold WAY2TUCH INDIAS PRIVATE LIMITEDliable for any claim, cause of action, damages or demands of any kind and nature which may arise due to your express and exclusive use of the Website and the Services it offers therein.

You accept and acknowledge that WAY2TUCH INDIAS PRIVATE LIMITEDmakes no guarantee, warranties or representation nor any promises for financial loss which you may/may not sustain as a result of using the Services available on the Website.

You agree and accept the entire risk as to the performance of any software and/or games availed by You on the Website. You also agree and accept that the performance of such games entirely depends on the internet connection and the hardware you use. Though downloading from the Website does not cause any problem to your hardware, but You also accept that cost of all servicing, repair and/or correction of Your hardware when You access and execute software or games available on WAY2TUCH INDIAS PRIVATE LIMITEDis entirely at your discretion. WAY2TUCH INDIAS PRIVATE LIMITEDexpressly disclaims liability for any delay or failure of Your computer or equipment in performance while accessing the Website or any of the games therein.

The Website disclaims responsibility and liability for any loss resulting from cancellation of games/tournaments caused due to internet outage by your service provider, computer viruses or contamination or any other cause beyond control of WAY2TUCH INDIAS PRIVATE LIMITED. You acknowledge and agree to this term and accept that You will not be refunded in these cases.

The Website will not be held liable for any indirect, incidental, ancillary, special, punitive or consequential damage arising out of the use of the Services available at WAY2TUCH INDIAS PRIVATE LIMITED, even if we have been informed, advised or are aware of such a damage or loss. You agree to free Us against any liability and claim in respect of such matter. Under all circumstances, WAY2TUCH INDIAS PRIVATE LIMITED’s liability shall not exceed in any event more than the Buy-In that You shall have paid to enter that game.

You accept, agree and acknowledge that We are not liable to You for:

Any verbal offence committed by another player inclusive but not limited to defamatory, offensive or illegal conduct. Misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal communication originating from another player or a third party;

Misuse or abuse of Your account on Our Website by anybody who accesses it with or without your knowledge;

Any loss in transition of information from Our Website by the internet incurred during transmitting information;

Any loss incurred due to technical failures, system breakdowns, defects, delays, interruptions, manipulations or improper data transmission, loss or corruption of data or communications' lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences that You suffer arising in connection with Your access of Our Website;

The accuracy, completeness, or currency of any information services provided, or any statistics shown on the Website;

Services made available on WAY2TUCH INDIAS PRIVATE LIMITEDare subject to specific permission from statutory or regulatory bodies in India. These Services shall stand cancelled or deemed to be cancelled if such permission is denied or if such Services are later forbidden. In which case these Services will be cancelled and disallowed to the Users of the Website. In such events WAY2TUCH INDIAS PRIVATE LIMITEDshall not be held liable for any damages, demands, refunds or claims of any nature by You.

You herby agree to free WAY2TUCH INDIAS PRIVATE LIMITEDfor any liabilities arising from claims or damages and expenses made by any third party with regards to:

The content posted by you, or

Your connection to WAY2TUCH INDIAS PRIVATE LIMITED, Your usage of the Website, or

Violation of this Terms or Privacy Policy by You; or

Any other person accessing your username password to access your account on WAY2TUCH INDIAS PRIVATE LIMITED, with or without your express authorization.

Being a merchant website, we hold no liability in respect with any loss or damage arising indirectly or directly because of decline of any monetary transaction, on account of the cardholder having exceeded their present limit.

 

Indemnity

 

To the extent permitted by law, and in consideration for being allowed to participate in the Activity, you hereby agree to indemnify, save and hold harmless and defend us (to the extent of all benefits and awards, cost of litigation, disbursements and reasonable attorney's fees that we may incur in connection therewith including any direct, indirect or consequential losses, any loss of profit and loss of reputation) from any claims, actions, suits, taxes, damages, injuries, causes of action, penalties, interest, demands, expenses and/or awards asserted or brought against us by any person in connection with:

Infringement of their intellectual property rights by your publication of any content on our Website.

defamatory, offensive or illegal conduct of any other player or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another player or otherwise;

use, abuse or misuse of your user account on our Website in any manner whatsoever;

any disconnections, technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communication lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Website; and

Access of your user account by any other person accessing the Services using your username or password, whether or not with your authorization.

Force Majeure

WAY2TUCH INDIAS PRIVATE LIMITEDshall not be liable for any damages whatsoever arising out of Force Majeure Event or other similar circumstances, directly or indirectly to the Users as a result of playing Mobile Games or using the services offered by WAY2TUCH INDIAS PRIVATE LIMITEDon the Platform. A Force Majeure Event is a real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network that affects the Company’s ability to offer the services or/and the Mobile Games on the Platform. Force majeure or other event beyond MPL’s control hindering, delaying or complicating the maintenance of the Platform entitles MPL to suspend or limit the Platform until further notice.

 

 

Governing Law and Jurisdiction

 

These Terms and the User Agreement shall be governed by and construed in accordance with the laws of India. All disputes arising out of or in any way connected with these Terms and/or the User Agreement shall be deemed to have arisen at Hyderabad, India and the appropriate courts of law in Hyderabad, India shall have exclusive jurisdiction to resolve the same

 

Waiver

 

Failure to exercise any right under these Terms, in any one or more instances, shall not constitute a waiver of such rights or any other rights in any other instances. Severability If one or more of the provisions hereof shall be void, invalid, illegal or unenforceable in any respect under any applicable law or decision, the validity, legality, and enforceability of the remaining provisions herein contained shall not be affected or impaired in any way.

 

Notice

 

All notices shall be in English and in writing and sent to the following addresses: If sent or addressed to the User, then to the address provided by the User in the User’s Registered Account If sent or addressed to WAY2TUCH INDIAS PRIVATE LIMITED, then to the following address:

 

Name and Designation: WAY2TUCH INDIAS PRIVATE LIMITED  

E-mail Address: support@waytuch.in

 

Notices by WAY2TUCH INDIAS PRIVATE LIMITEDto a User shall be displayed on these Terms, elsewhere on the Website/Mobile Application or sent to the User at the abovementioned address.