This Website by the URL http://www.mechmocha.com/ and http://chaalbaaz.live/?page_id=11 and all the Web – pages, hyperlinks, tools and Services provided there under, including all the Application(s) are owned and operated by Mech Mocha Game Studios Private Limited (hereafter referred to as, “Company”), a company incorporated under Indian laws, with its registered office at 3rd Floor, No.114 & 115, 27th Main Road, HSR 2nd Sector, Bangalore, Karnataka, 560102.
The Company’s (“Our”, “Us”, “We”, “Mech Mocha”), Website and Application(s) come as a medium for playing mobile games and/or entertainment applications (“Services”).
We further have the right to withdraw or discontinue and/or terminate the Website and/or Application(s) at any stage without prior notice and without any liability whatsoever to You.
Grant of Limited License to use the Services
THE FOLLOWING RESTRICTIONS APPLY TO THE USE OF THE SERVICES:
- THE WEBISTE AND/OR THE APPLICATION IS ALLOWED TO BE ACCESSED AND/OR DOWNLOADED AND USED ONLY BY INDIAN CITIZENS, RESIDING IN INDIA EXCEPT THE RESIDENTS OF THE INDIAN STATES OF ASSAM, RAJASTHAN, NAGALAND, SIKKIM, WEST BENGAL, ORISSA AND TELANGANA.
- CITIZENS AND/OR RESIDENTS AND/OR CURRENTLY RESIDING IN COUNTRIES OTHER THAN INDIA ARE NOT ELIGIBLE TO ACCESS OR DOWNLOAD OR USE THE WEBSITE AND/OR APPLICATION(S) IN ANY MANNER.
- IF YOU ARE RESIDING AND/OR ACCESSING THE WEBSITE AND/OR APPLICATION AND/OR SERVICES FROM ANY REGION WHERE THE CONTEST MADE AVAILABLE THROUGH THE WEBSITEAND/OR APPLICATION(S) IS PROHIBITED OR RESTRICTED BY LAW OR OTHER REASONS, THEN YOU ARE PROHIBITED FROM ACCESSING, DOWLOADING, REGISTERING AND USING THE WEBSITE AND/OR APPLICATION(S)AND/OR SERVICES. YOU ARE RESPONSIBLE FOR COMPLIANCE OF ANY LAWS THAT ARE APPLICABLE ON YOUR COUNTRY/DOMICILE/STATE/RESIDENCE.
- EMPLOYEES OF MECH MOCHA, ITS RESPECTIVE HOLDING, SUBSIDIARIES, ASSOCIATE COMPANIES, AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS WHO HAVE BEEN ENGAGED BY MECH MOCHA FOR THE DEVELOPMENT, PROMOTION, ADMINISTRATION OR EXECUTION OF THE CONTEST, AND THEIR FAMILY/HOUSEHOLD MEMBERS ARE NOT ELIGIBLE TO ACCESS OR DOWNLOAD OR USE THE WEBSITE AND/OR APPLICATION(S) AND/OR SERVICES. HOWEVER, THIS SHALL NOT LIMIT THEIR ABILITY TO ACCESS AND/OR USE THE WEBSITE AND/OR APPLICATION(S) FOR ADMINISTRATION OPERATION, TESTING OR ANY OTHER ACTS, WHICH IS REQUIRED TO EVALUATE, IMPLEMENT AND IMPROVE THE SERVICES BEING OFFRED.
- YOU SHALL CREATE AN ACCOUNT IN ACCORDANCE WITH THE MEMBER REGISTRATION CLAUSE BELOW AND THE SUCH OTHER REQUIREMENTS AS AVAILABLE AT http://chaalbaaz.live/?page_id=11; YOU SHALL RESTRICT USE BY MINORS, AND YOU ACCEPT FULL RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF THE SERVICES BY MINORS. YOU ARE RESPONSIBLE FOR ANY USE OF YOUR CREDIT CARD OR OTHER PAYMENT INSTRUMENT BY MINORS.
- YOU SHALL NOT (OR ATTEMPT TO) PURCHASE, SELL, RENT OR GIVE AWAY YOUR ACCOUNT, CREATE AN ACCOUNT USING A FALSE IDENTITY OR INFORMATION, OR ON BEHALF OF SOMEONE OTHER THAN YOURSELF; YOU SHALL NOT USE THE SERVICE IF YOU HAVE PREVIOUSLY BEEN REMOVED BY US, OR PREVIOUSLY BEEN BANNED FROM PLAYING ANY MECH MOCHA.
- YOU SHALL USE YOUR ACCOUNT ONLY FOR NON-COMMERCIAL PURPOSES (OTHER THAN THANE REWARDS WON); YOU SHALL NOT USE THE SERVICE TO ADVERTISE, OR SOLICIT, OR TRANSMIT ANY COMMERCIAL ADVERTISEMENTS, INCLUDING CHAIN LETTERS, JUNK OR SPAM E-MAIL OR REPETITIVE OR MISLEADING MESSAGES TO ANYONE.
- YOU SHALL NOT SHARE YOUR PERSONAL INFORMATION, BY WAY OF EXAMPLE: YOUR SOCIAL SECURITY NUMBER, CREDIT CARD NUMBER OR BANK INFORMATION, OR YOUR WORK OR HOME ADDRESS TO PEOPLE YOU DON’T KNOW OR HAVEN’T MET IN PERSON OR TO ANOTHER USER. IF WHEN YOU SHARE YOUR PERSONAL INFORMATION WITH KNOW THIRD PARTY YOU SHALL BE SOLELY RESPONSIBLE FOR ANY HARM, LOSS, INJURY OR DAMAGE CAUSED TO YOU. COMPANY SHALL NOT BE RESPONSIBLE, IN ANY MANNER WHATSOVER, FOR SHARING OF ANY PERSONAL INFORMATION WITH ANY THIRD PARTY.
- ANY USER WHO HAS BEEN SUSPENDED OR REMOVED BY US FROM DOWNLOADING, REGISTERING OR USING THE WEBSITE AND/OR APPLICATION FOR ANY REASON WHATSOEVER IS PROHIBITED FROM DOWNLOADING, REGISTERING AND USING THE APPLICATION AGAIN. YOU SHALL NOT HAVE MORE THAN ONE ACTIVE REGISTRATION ON THE APPLICATION. YOU ARE PROHIBITED FROM SELLING, TRADING, OR OTHERWISE TRANSFERRING YOUR MECH MOCHA ACCOUNT TO ANOTHER PERSON.
User who is competent to contract under the Indian Contract Act, 1872, are eligible to register themselves as members on the Website and/or Applications and can avail Our Services. Persons who are competent to contract would mean and include every person who, (i) has completed 18 years of age (as per The Indian Majority Act, 1875); (ii) is of sound mind; and (iii) not disqualified from contracting by any law for the time being in force in India.
All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game/app chat transcripts, character profile information, recordings of games played using a Mech Mocha Website and/or Applications are owned by Mech Mocha. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Website, Application(s), games and the Services. All Content on the Website and Application(s) is either owned or licensed to Us, and is subject to copyright, trade mark rights, and other intellectual property rights of the Website and Application(s).
Notwithstanding any provision to the contrary herein, You agree that You have no right or title in or to any Content that appears in the Services, Website and all the Application(s), including without limitation the virtual goods or currency appearing or originating in any Application(s) game, whether earned in a game or purchased from the in-game Application(s).
Your License to Mech Mocha
In the Services under the Applications(s) You may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license/right to (a) use “virtual currency”, all for use in Mech Mocha Applications; (b) use “virtual in-game items” (together with “virtual currency”, “Virtual Items”); (c) access or enter a particular feature or contest (“Entry Fees”) and; (c) use other goods or services (“Merchandise”) (“Virtual Currency”, “Virtual Items”, “Virtual In Game Items”, “Entry Fees” and “Merchandise” together referred to as “Purchases”),. You are only allowed to do Purchases from Us or Our authorised partners through the Service, and not in any other way. We may manage, regulate, control, modify or eliminate any or all Purchases, with or without notice. We shall have no liability to You or any third party in the event that We exercise any such rights.
The transfer of Purchases is prohibited except where expressly authorized in the Services. Other than as expressly authorized in the Services, You shall not sell, purchase, redeem or otherwise transfer Purchases to any person or entity or attempt any of the aforesaid, including but not limited to Mech Mocha, another user or any third party.
All purchases and redemption of Purchases made through the Service are final and non-refundable. The provision of Purchases for use in Mech Mocha Applications is a Service provided by Us that commences immediately upon acceptance by Mech Mocha of Your purchase.
Use of Message Boards, Chat Rooms And Other Communication Forum
This Site and Application(s) may contain message/bulletin boards, chat rooms including in built audio/video chat options, or other message or communication facilities (collectively, “Posts or “Forums”), You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forums. By way of example, and not as a limitation, You agree that when using a Posts or Forum, You shall not do any of the following:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. Conduct or forward surveys, contests, or chain letters. Download any file posted by another User of Forums that You know, or reasonably should know, cannot be legally distributed in such manner. All Forums are public and not private communications. Chats, postings, conferences, and other communications by other Users are not endorsed by Mech Mocha, and such communications shall not be considered reviewed, screened, or approved by Mech Mocha. Mech Mocha reserves the right for any reason to remove without notice any contents of the Forums received from Users, including without limitation message board postings.
In no event shall the Site and/or Application(s) be held responsible for any Posts nor does the Mech Mocha, Site or Application(s) represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Posts nor shall Mech Mocha be liable for any loss or damages resulting from their use and/or appearance on the Site or Application(s).
By providing a Post to the Site and/or Application(s), You undertake, represent and warrant to the Us that You have all necessary rights in and to that Posts and all information it contains and that no such Posts shall infringe any rights, of third parties, including without limitation, intellectual property rights or other rights of any third parties or be otherwise defamatory, slanderous or hurtful to any particular person or group of people.
By submitting any Posts, You grant Mech Mocha and its associate companies, a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, and authorise others to use the Posts in whole or in part, in any and all media, now known or hereafter developed, alone, or together or as part of any other type of material of any kind or nature.
Mech Mocha, Site and/or Application(s) will have the right to monitor, remove, suspend, destroy, use and change any Posts and/or content that is available on or via any chat area or Our Site or Application(s) generally, in any manner that the Mech Mocha may determine, in its sole discretion, at any time. Although We endeavours to periodically monitor the content posted on this Site and Application(s), the Site and/or Application(s) will not be responsible for the views or opinions expressed by third parties on the Site and/or Application(s).
You agree that You will not use any Posts and/or any part or all of Our Site and/or Application(s) to:
- collect, store and/or identify private or personal information of any user or person;
- facilitate personal attacks on other individuals or groups of people;
- upload, post or e-mail any content that is defamatory, obscene, pornographic, threatening, harassing, unlawful, harmful, abusive, tortious, profane, hateful, or racially, ethnically or otherwise objectionable; and/or other information that the Company deems in its sole discretion inappropriate for the Site and Application;
- harm children in any way including without limitation any offences in relation to grooming children online under law;
- cyber bullying, impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with a person or entity or disguise the origin of any content;
- stalk or otherwise harass another person or User;
- upload, post or e-mail any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships;
- upload, post or e-mail any content that infringes any intellectual property rights or other third party rights of any party;
- upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’ or any other form of solicitation;
- upload, post or e-mail any content that contains computer viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment and/or the Site;
- disrupt the normal flow of dialogue, cause a screen to ‘scroll’ faster than other users of the chat areas are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; and/or
- violate any applicable national or international laws or regulations.
You further agree that You may use the Site and Application(s) for non-commercial purposes only. You may not submit Posts intended to promote and/or generate revenue for Yourself and/or any third-party business activity.
You further agree and understand that You are responsible for the conduct of any other user on or off the Services. You agree to use caution in all interaction with other User/(s). You shall at Your own good judgement and in a prudent manner deal with the conduct of any other User and use caution in all interactions.
In case You come across such behaviour while audio/video chats at the Forums You should first turnoff the chat, by doing this neither You will be able to hear the other User/(s) nor the other User/(s) will be able to hear You. Additionally, We also recommend to immediately come out from the particular Forums/game and report abuse to us at firstname.lastname@example.org. Please note that You should be vigilant while interacting with other User/(s). This is a mere guideline to help You figure out ways in case You face any abuse or misbehaviour and casts no responsibility/obligation on Us. However, We will ensure that in case You report any such abuse to Us, We on Our own judgement and records available with Us block the User after giving them due warnings.
You are solely responsible for Your interactions with other users and You understand that Mech Mocha does not conduct any background verification including criminal records/background verification of its users. However, Mech Mocha reserves the right to conduct and You agree that Mech Mocha may conduct any criminal background check or other screenings any time.
Mech Mocha makes no representation or warranties as to the conduct of the other Users of the Services.
In order to be able to view and use Content on the Services, You will need to use a personal computer, smartphone or other device that meets the system and compatibility requirements that We establish from time to time and is otherwise capable of interacting with the Service (each such device, a “Compatible Device“). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
We will use reasonable efforts to make the Website and Application(s) available at all times. However, You acknowledge the Application(s) is provided over the internet and mobile networks and so the quality and availability of the Application(s) may be affected by factors outside Our reasonable control.
We do not accept any responsibility whatsoever for unavailability of the Site and/or Application(s), or any difficulty or inability to download or access Content or any other communication system failure which may result in the Site and/or Application(s) being unavailable. We will not be responsible for any support or maintenance for the Site and/or Application.
In order to use the Site and/or Application(s), You are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’). The Software Requirements are as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.3 onwards; Language: English, Hindi. The version of the Application software may be upgraded from time to time to add support for new functions and Services.
Restrictions on Use
- is illegal, threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libellous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as We may determine in Our sole discretion;
- Violates any right of publicity, or other right of any person or entity, or any law or contractual obligation;
- infringes any patent, copyright, trademark or other intellectual property right of any person or entity;
- constitutes unauthorized or unsolicited advertising;
- involves commercial activity not expressly permitted by Us;
- contains any harmful or malicious computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data or other information;
- disrupts, interferes with or restricts the use of Our site by other User/(s);
- reverse engineers, decompiles, copy or adapts any software or other code or scripts forming part of Our Website; and/or Applications;
- changes, modifies, deletes, interferes with or misuses data contained on Our site and entered by or relating to any third party user of Our Website and/or Applications; and/or
- You further agree that You will not use or distribute any cheat utility, software or macro programs or applications that allow You or other users to cheat on online games posted at this Site and/or Application or elsewhere, nor will You use robots, spiders, or other means to cheat in online games at the Site or otherwise engage in fraudulent activity such as “click fraud”.
Right to Cancellation in case of invalid information from User.
In case Mech Mocha discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by User, Mech Mocha in its sole discretion shall have the unrestricted right to take any steps against the User(s), without any prior intimation to the User. In such an event, We shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such actions.
The User unequivocally indemnifies Mech Mocha of any such claim or liability and shall not hold Us responsible for any loss or damage arising out of measures taken by Us for safeguarding its own interest and that of its genuine customers. This would also include Us denying/cancelling any bookings on account of suspected fraud transactions.
Third Party Account Information.
By using the Website and/or Application(s), the User authorizes Mech Mocha and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information.
While registering, the User may choose a password and is responsible for maintaining the confidentiality of the password and the account.
The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify Us immediately in writing of any unauthorized use of their password or account or any other breach of security. We will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else’s password or account at any time.
Fees, Refund and Withdrawal Terms
Any and all payment(s) either to be made/made by You to the Company or eligible to be received by You from the Company, shall be subject to the deduction of all applicable taxes, including but not limited to the payments and receipts pursuant to the Fees Policy, Withdrawal Policy, Refund Policy or for any winning or prize received by You.
YOU AGREE AND ACKNOWLEDGE THAT MECH MOCHA IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN A GAME ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Some of Mech Mocha games may be described as a “free game” within the description page of App marketplaces. YOU MAY DOWNLOAD AND PLAY SUCH GAMES FREE OF CHARGE, BUT THEY MAY CHARGE REAL MONEY FOR ADDITIONAL GAME CONTENT.
Intellectual Property Rights
This Website and its mobile Application(s) are owned by Mech Mocha. All rights to, title and interest in the Content available on/via the Website and Application(s), the Website’s and Application’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Website and Application, and the Website and Application URLs, are the property of Mech Mocha or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
The Website and Application(s) and the Content are protected by copyright laws, and belong to Us or its partners, affiliates or contributors. The copyrights in the Content are owned by Us or other copyright owners who have authorized their use on the Website and/or Application(s). You may not manipulate or alter the images or other Content on the Website and/or Application(s) in any way.
We respect the intellectual property rights of others and expect You to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Us. We reserve the right to remove Content alleged to be infringing without prior notice and at Our sole discretion. In appropriate circumstances, We will also terminate a User’s account if the User is determined to be a repeat infringer.
The content of the Website and/or Application(s) and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by the Company and/or its licensors and are protected by applicable Indian and international copyright and other intellectual property laws. You acknowledge, understand and agree that You shall not have, nor be entitled to claim, any rights in and to the content of the Website and/or Application(s) and/or any portion thereof.
The Company may provide You with content including information, sound, photographs, graphics, video or other material through the Website and/or Application(s). This material may be protected by copyrights, trademarks or other intellectual property rights and laws. You may use this material only as expressly authorized by the Company and shall not copy, transmit or create derivative works of such material without express authorization from the Company.
You acknowledge and agree that You shall not upload, post, reproduce or distribute any content on the Website and/or Application(s) that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject You to personal liability or criminal prosecution.
Notice of Copyright Infringement
Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If You believe that any work has been reproduced on the Website and/or Application(s) in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all the following information:
- A physical or electronic signature of a person authorise to act on behalf of the copyright owner for the purpose of the complaint.
- Identification of a copyrighted work claimed to have been infringed.
- Identification of the material on Our Website and/or Application that is claimed to be infringing or to be the subject of infringing activity.
- The address, telephone number or e-mail address of the complaining party.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law.
- A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorised to act on behalf of the owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent to email@example.com and mail to:
Mech Mocha Game Studios Private Limited,
3rd Floor, 114 & 115, 27th Main Road, HSR,
Sec-2, HSR Layout,
Disclaimer of Warranties
The Services are provided on an “as is” and “with all faults” basis, and without warranty or condition of any kind, either express or implied. Without limiting the foregoing, We explicitly disclaim any warranties, either express or implied, including without limitation, warranties of merchantability, and fitness for a particular purpose, non-infringement and quality of Services. We make no warranty that the Service will meet Our expectations, be free from viruses, or that data and content obtained through the Services will be accurate, reliable or current, or that the Services will be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that the use of the Services is at Our own discretion and sole risk and that the entire risk as to the results and performance of the Services, including, without limitation, any damages to Our computer system, tablet, mobile device or data stored on it, is solely Yours.
Limitation of Liability
You acknowledge and agree that in no event will We (including, without limitation, Our affiliates and their respective officers, directors, employees and agents) be liable for any direct, indirect, special, punitive, incidental or consequential damages or losses (including, without limitation, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of Your use of or inability to use the Services, or improper use of the Services, even if You have been advised of the possibility thereof and regardless of the form of action, whether in contract, tort, or otherwise. You further acknowledge and agree that We may change the Service in whole or in part in its sole discretion without notice to You and without any liability to You whatsoever in connection therewith.
Nothing in this clause shall (or shall be construed so as to) limit the right of Mech Mocha to initiate proceedings against any You in accordance with mandates contained in Section 20 of the Civil Procedure Code, 1908. Notwithstanding anything contained in the foregoing sub clauses, the jurisdiction in relation to criminal proceedings shall be governed in accordance with the provisions contained in Chapter XIII of the Code of Criminal Procedure, 1973.
Last Updated on April 11, 2019