Terms of Use

TERMS OF USE

General.

IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES FRAMED THEREUNDER, THESE TERMS OF USE IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT. BEING GENERATED BY A COMPUTER SYSTEM IT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURES.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of http://chaalbaaz.live/ (“Website”, “Site”) and/or the games and/or the applications offered by Mech Mocha on/through the Website, including any software that You have downloaded or are about to download, any software that You have embedded on a web site or are about to embed, any related applications created by Mech Mocha and available through mobile devices whether on/through Website or otherwise (“Application(s)”).

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”).

The expressions “You”, “Your” “Yourself” or “User”, whenever the context so requires, for the purposes of these Terms of Use, shall mean any natural or legal person who may create by registration, membership account on this Website or Application or agree to avail Our Services through this Website or Application, or otherwise access Our Website or Application.

These terms and conditions (“Terms of Use”) shall govern Your access to and use of the Services however accessed, as well as any and all information of whatever kind and nature appearing on the Website or Application or otherwise available through the Services and shall be read in conjunction with the terms and condition of the Application(s) (“Terms of Chaalbaaz”). Please read these Terms of Use carefully before using the Site and/or Application(s). Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms of Use and Privacy Policy, as mentioned herein below and available at http://chaalbaaz.live/?page_id=11. By downloading and installing the Application(s), accessing the Site or using the Services in any way, You agree to and are hereby bound by these Terms of Use and Privacy Policy. If You do not agree to all of the terms and conditions contained herein, do not use the Services, or access them through the Site or Application(s). Unless explicitly stated otherwise, any new features which may be added to the Services, including the release of new services or capabilities, are subject to these Terms of Use and Privacy Policy.

We may, in Our sole discretion, make changes to these Terms of Use and Privacy Policy, from time to time with or without notice to You. Each time changes are made to these Terms of Use and Privacy Policy, a revised version of these Terms of Use and Privacy Policy, will be posted in the Application(s) and Website. Your continued use of the Service following such changes constitutes Your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of these Terms of Use and Privacy Policy. At all times, the latest version of these Terms of Use and Privacy Policy shall be binding and prevail over any other version. Furthermore, We reserve the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Services at any time.

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.

Privacy Policy

We respect the privacy of others. Any information that You provide Us through the Services is subject to Our Privacy Policy. Your use of the Services constitutes Your consent to the collection and use of Your certain information, as described in Our Privacy Policy at http://chaalbaaz.live/?page_id=11. The Privacy Policy forms an integral part of these Terms of Use.

Grant of Limited License to use the Services

Subject to Your agreement and continuing compliance with these Terms of Use and any other relevant Mech Mocha policies available on the Website and/or Application(s), Mech Mocha grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Services under the Website and/or Application(s) for Your own non-commercial (other than the rewards won by You) entertainment purposes. You agree not to use the Services for any other purpose.

THE FOLLOWING RESTRICTIONS APPLY TO THE USE OF THE SERVICES:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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. 

Member Registration

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.

You would be required to sign up on Website and/or Applications by providing certain personal details such as name, e-mail address, telephone number and access to Facebook and Facebook account information or Google+ profile and Google+ profile information, to access and use Services, to join in-game campaigns, to save Your in-game progress, to gain access to and/or to log on to the exclusive content areas. You agree to provide true, accurate, current and complete information about Yourself as prompted by the registration form. If You provide information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that You have provided such information, then the We may (in addition to any other rights or remedies available to Us) refuse registration, suspend access to all current or future use of the Website or Application(s) and the Services (or any portion thereof) permanently. By sharing Your number, You are allowing us to link Your paytm wallet to transfer Your winning amount. Additionally, You are bound by the terms of eligibility criteria and registration process as available at http://chaalbaaz.live/?page_id=11. The said terms form an integral part of these Terms of Use.

When You sign up on Website and/or Application(s), Your personal information will be registered automatically in Our database which will be maintained and used by Us in accordance with the Privacy Policy.

Termination

We reserve all rights to deny access, and to suspend or terminate Your access to the Website or Application(s) without providing prior notice, for any reason, including violation of any of these Terms of Use by You.

Content

A variety of information, text, software, graphics, photos, data, video, audio-visual combinations, interactive features and other materials You may view on, or access through the Services (“Content”) is available on the Website and Application(s). The Content available on the Website and Application shall be used solely for Your non-commercial use and/or to benefit from the products, Services intimated on the Website and Application(s). No right, title or interest in any Content is transferred to You, whether as a result of downloading or reproducing such Content or otherwise. We reserve complete ownership, title and full intellectual property rights in all Content uploaded by Us. Except as expressly authorized by this Terms of Use, You may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from Us or the Services. 

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

You hereby grant to Mech Mocha an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, Your User Content as well as all modified and derivative works thereof in connection with Our provision of the Services, including marketing and promotions of the Services. You also hereby grant to Us the right to authorize others to exercise any of the rights granted to Us under these Terms of Use. You further hereby grant to Us the unconditional, irrevocable right to use and exploit Your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to You. Except as prohibited by applicable law, You waive any rights of attribution and/or any moral rights You may have in Your User Content, regardless of whether Your User Content is altered or changed in any manner. Mech Mocha does not claim any ownership rights in Your User Content and nothing in these Terms of Use is intended to restrict any rights that You may have to use and exploit Your User Content. We have no obligation to monitor or enforce Your intellectual property rights in or to Your User Content.

Purchases

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:

  1. collect, store and/or identify private or personal information of any user or person;
  2. facilitate personal attacks on other individuals or groups of people;
  3. 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;
  4. harm children in any way including without limitation any offences in relation to grooming children online under law;
  5. 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;
  6. stalk or otherwise harass another person or User;
  7. 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;
  8. upload, post or e-mail any content that infringes any intellectual property rights or other third party rights of any party;
  9. upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’ or any other form of solicitation;
  10. 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;
  11. 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
  12. 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.

Please report anyone who violates these Terms of Use at the email ID grievances@mechmocha.com and We will at Our own good judgement and discretion take an appropriate action against such User.

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 grievances@mechmocha.com. 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.

This report abuse facility is being provide by Us to ensure that You have an excellent user experience and in case of any misbehaviour that You face We take appropriate action. Any misuse of this mechanism shall be deemed as a violation of these Terms of Use and We reserve the right to take appropriate action against You.

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.

Compatible Devices

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.

System Requirements

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

As a condition of use, You agree to use the Services solely for lawful purposes and not to use the Services for any purpose that is prohibited by these Terms of Use. You are solely responsible for all of Your activity in connection with the Services. Without derogating from Your responsibility under any applicable law, and solely by way of example, You shall not (and shall not permit any third party to) either (a) take any action or (b) download, upload, submit, post, or otherwise distribute or facilitate distribution of any Content that:

  1. 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;
  2. Violates any right of publicity, or other right of any person or entity, or any law or contractual obligation;
  3. infringes any patent, copyright, trademark or other intellectual property right of any person or entity;
  4. constitutes unauthorized or unsolicited advertising;
  5. involves commercial activity not expressly permitted by Us;
  6. 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;
  7. disrupts, interferes with or restricts the use of Our site by other User/(s);
  8. reverse engineers, decompiles, copy or adapts any software or other code or scripts forming part of Our Website; and/or Applications;
  9. 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
  10. 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.

The User expressly undertakes to provide to Us only correct and valid information while requesting for any services under these Terms of Use, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate these Terms of Use and shall disentitle the User from availing the Services from Us.

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

You agree to abide by and pay all fees and applicable taxes incurred by You including but not limited to, the Fees Policy of the Company available at http://chaalbaaz.live/?page_id=11, for access or Use of the Website and/or Application(s). Mech Mocha may revise the Fees Policy at any time at its sole discretion with or without intimation to You. The Fees Policy forms an integral part of these Terms of Use.

You further agree to bound by the Refund Policy and the Withdrawal Policy available at http://chaalbaaz.live/?page_id=11, for access or Use of the Website and/or Application(s). The Fees Policy forms an integral part of these Terms of Use.

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.

Game Play

We have used Our best efforts to articulate the Terms of  Game Play, by way of example: eligibility, registration process, winner announcement, format of game, prize etc, for game available in the Application(s) and the same is available at http://chaalbaaz.live/?page_id=11. We reserve the right to modify, withdraw or replace these terms at Our sole discretion with or without intimation to You. The Terms of Game Play forms an integral part of these Terms of Use.

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:

  1. A physical or electronic signature of a person authorise to act on behalf of the copyright owner for the purpose of the complaint.
  2. Identification of a copyrighted work claimed to have been infringed.
  3. Identification of the material on Our Website and/or Application that is claimed to be infringing or to be the subject of infringing activity.
  4. The address, telephone number or e-mail address of the complaining party.
  5. 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.
  6. 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 grievances@mechmocha.com and mail to:

Legal Department:

Mech Mocha Game Studios Private Limited,

3rd Floor, 114 & 115, 27th Main Road, HSR,

Sec-2, HSR Layout,

Bangalore-560102, Karnataka.

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.

Governing law

These Terms of Use shall be governed by the laws of India, without regard to principles of conflicts of law.

Disputes

Any Dispute, controversy or claims by or between, You and Mech Mocha, hereto arising out of or relating to or in connection with terms and conditions of these Terms of Use or transactions contemplated on Site or Application, or the breach, termination, validity of any term under these Terms of Use or any other dispute between the Parties shall be finally settled by ‘Arbitration’ in accordance with the Indian Arbitration and Conciliation Act, 1996. There shall be a sole arbitrator, who shall be appointed by Mech Mocha. Any arbitration proceedings or award rendered hereunder and the validity, effect and interpretation of Terms of Use to arbitrate shall be governed by the Laws of India. The arbitration proceedings shall be conducted in Bangalore or Delhi, and the award shall be rendered in the English Language. If either party employs attorneys to enforce any rights arising out of or relating to these Terms of Use, the prevailing party shall be entitled to recover reasonable attorneys’ fees.

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.

We, at Our sole discretion, reserve the right to initiate proceeding, including but not limited to, civil and/or criminal proceeding as per the law in force, if We believe that You are in breach of these Terms of Use & other related policies, or otherwise Your act or omission to act is detrimental to the Company or any other third Party.

Interpretation

Headings are for convenience only and shall not be used to construe the terms of these Terms of Use. If any term of this Terms of Use is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms of Use. No failure or delay by Us in exercising any right hereunder will waive any further exercise of that right. Our rights and remedies hereunder are cumulative and not exclusive.

Waiver

Any failure on Our part to exercise any provision or right under these Terms of Use, shall not constitute a waiver by Us of that provision or right.

Indemnity

You agree to indemnify, defend and hold harmless Mech Mocha and its affiliates, agents, respective employees, directors, officers, agents, managers, vendors, third party service provider and suppliers from and against any liability, losses, claims, damages, demands, investigations, inquiries, suits, costs and expenses (including legal fee and costs incidental thereto) asserted against or incurred, that arise out of or otherwise relating to Your use of the Website and/or Application(s), including without limitation any obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold the Mech Mocha harmless against any claims made by any third party due to or arising out of or otherwise relating to Your use of the Website and/or Application, any claim arising out of damage caused to third party by You, breach of these Terms of Use by You, or Your violation of any rights of another, including any intellectual property rights. Further, You agree to hold Mech Mocha harmless against any claims made by any third party due to legal suits regarding the originality, copyright issues, Your violation of any third party right, including without limitation any copyright, property, or privacy right. This defence and indemnification obligation will survive these Terms of Use.

Notwithstanding anything to the contrary, Our entire liability towards You under these Terms of Use or otherwise shall only be in connection with refund of the money charged from You for any particular product or service, under which the unlikely liability arises.

Report Abuse

If You feel that the Content available on the Website and/or Application violates a right granted to You or any other person under applicable law, or causes any communal disharmony, is offensive to any individual and/or ethnic group, violates any order or judgement of a judicial body, or any other issues with respect to the Content or conduct of other users on account of breach of these Terms of Use by such users You may write to us at grievances@mechmocha.com, detailing how the Content affects You or any other person or group of persons or the conduct of the other user. Pursuant to Your report, We may investigate the said issue internally, and take relevant remedial action, if so, determined pursuant to Our investigation. Further, We may reach out to You if and when We require any further information to assist Us in Our investigation.

Contact Information

If You have any questions or concerns with respect to this Terms of Use or the Website and/or Application(s)n or any information contained on thereon, You may contact Us by writing to Us at grievances@mechmocha.com. These Terms of Use supersede any previous versions

 

Last Updated on April 11, 2019

Privacy Policy

 PRIVACY POLICY

 

THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

This Privacy Policy covers how Mech Mocha Game Studios Private Limited  or any of its subsidiaries or affiliates (“Our”, “Us”, “We”, “Mech Mocha”) treats personal information that Mech Mocha Game Studios Private Limited collects and receives in connection with your use of http://chaalbaaz.live/ (“Website”) and/or the games and applications offered by Mech Mocha on/through the Website, including any software that You have downloaded or are about to download, any software that You have embedded on a web site or are about to embed, any applications created by Mech Mocha and any applications created by Mech Mocha and available through mobile devices (“Application(s)”). This Privacy Policy (the “Privacy Policy”) along with the Terms of Use (available on Our Website) provides the terms and conditions governing Your use of the Website and Application.   

This Privacy Policy provides You with details about the manner in which Your data is collected, stored & used by Us. You are advised to read this Privacy Policy carefully. By visiting Our Website and using our Applications You expressly give Us consent to use & disclose Your personal information in accordance with this Privacy Policy. If You do not agree to the terms of this policy, please do not use or access Our Website and Applications.

We currently offer services in the medium of website and mobile application games (any and all of the foregoing are referred to as the “Services”).

The expressions “You”, “Your” or “User”, whenever the context so requires, for the purposes of this Privacy Policy, shall mean any natural or legal person who may access and use Our Website and Applications or agree to avail Our Services through the Website and/or Applications.

This Privacy Policy is published by Us, in compliance of:

  1. Section 43A of the Information Technology Act, 2000; and
  2. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011

General

We will not sell, share or rent Your personal information to any third party or use Your email address/mobile number for unsolicited emails and/or SMS. Any emails and/or SMS sent by Us will only be in connection with the provision of agreed Services & products and this Privacy Policy. To carry out general marketing We would be sending out emails to users accessing Our Website and Applications (or by any means and in any media, including, but not limited to, on Our Website, Applications or through Our merchants or in advertisements / marketing campaigns / any form of audio or visual media or websites). We reserve the right to communicate Your personal information to any third party that makes a legally-compliant request for its disclosure.

Collection of Information

In order to provide Our Services under Our Applications, We may collect the following types of information:

  1. User information – When you use any of Our Applications on a mobile platform, We may record certain information and data, such as Your application usage, access, session times and in-app purchases, your unique device ID (persistent / non-persistent), hardware type, media access control (“MAC”) address, international mobile equipment identity (“IMEI”), the version of Your operating system (“OS”), Your device name, Your Facebook and/or Google + information including Your e-mail address, contact number, profile picture and Your location (based on your Internet Protocol (“IP”) address).  This information is useful to Us for troubleshooting and helps Us understand usage trends and improve and optimize the Services and Your user experience and may also be utilized for other purposes.
  2. We also collect, retain and use information collected, retained and shared through Facebook Platform, Twitter, Google and YouTube, according to the applicable terms and conditions of their privacy policies.
  3. User Id – Using the Services does not require signing uphowever, in order to use certain features of the Service in our Applications, You may be required to sign up. We use third party authentication during the sign in process, such as Facebook, Google and Twitter Platform, and therefore receive Your User ID and such other information as these platforms share with Us. For the information We receive from the other platforms, please visit their websites and review their privacy policy.
  4. User history and preferences – We save Your query terms as well as the experience/category selected, these may be associated with the unique User ID of Your mobile device.  In addition, if You choose to sign in to the Services using third party authentication, We may associate Your Facebook User ID, for example, with such query history. We also save Your preferences as recorded through Your use of the Services and use them for personalization features.
  5. Cookies – When You use Our Services under Our Applications, We may send one or more cookies. We use cookies to improve the quality of Our Service by storing User preferences and tracking User information. Certain of Our products and services allow You to download and/or personalize the content You receive from Us. For these products and services, We will record information about Your preferences, along with any information You provide yourself.
  6. Mobile device identifiers – (such as Your unique device ID, persistent/non-persistent, hardware type, medial access control (“MAC”) address, international mobile equipment identity (“IMEI”), and Your device name.
  7. Location – General location information for the purpose of providing You with the correct version of Our Applications. Including precise-geolocation information from Your mobile device, subsequent to taking Your consent.
  8. Game data – such as Your interactions with the game and with the other players inside the game via server log files including Your player ID).
  9. Advertisements – We may feature advertisements in Our Applications and elsewhere, both ourselves and with the help of Our partners, and collect and use data and information about You and Your device (including the presence of applications on the device or in use at a particular time on the device) in connection with such advertising, including Your viewing of and interaction with any such advertising, in order to deliver, enable, target and optimize advertising and promotional information that is more relevant to You and is based on Your game and device usage, online behaviour and interests. We and Our partners may also use cookies or similar tracking technologies to track the content You access or Your device location for purposes of interest-based advertising. The privacy policies of Our partners may include additional terms and disclosures regarding their data collection and use practices and tracking technologies, and we encourage you to check those privacy policies to learn more about their data collection and use practices, use of cookies and other similar tracking technologies. Advertisers on mobile devices and Our third party advertising and analytics partners sometimes collect and use advertising IDs to enable and optimize advertising. Advertising IDs are non-permanent device identifiers such as the Android advertising ID and/or Apple’s ID for advertising. These advertisers and third-party advertising and analytics partners may collect and use data and information about You, such as your service session activity, viewing of and interaction with an advertisement, device identifier, MAC address, IMEI, geo-location information and IP address for the purposes of analysing, tracking and measuring advertising performance.

Use of Information 

  1. The personal information We collect allows Us to keep You posted on Our latest announcements, upcoming events, including confirmations, security alerts and support and administrative messages. It also helps Us to improve Our Services.If You do not want to be on Our mailing list, You can opt out at any time by updating Your preferences in the Applications.
  2. From time to time, We may use Your personal information to send important notices, such as communications and changes to Our terms, conditions and policies.Since, this information is important to Your interaction with Us, You cannot opt out of receiving these communications.
  3. We may also use Personal Information for internal purposes such as data analysis and research to improve Our Services, products and customer communication.
  4. We collect Non-Personally Identifiable Information about Our users generally to improve features and functionality of the Website and Applications. We may analyse trends through aggregated demographic and psychographic offers to Users. We may also share this Non-Personally Identifiable Information with Our partners to allow them to assist Us in delivering tailored advertisements, promotions, deals, discounts, and other offers to You when You use the Services. We collect information from You when You participate in sweepstakes, games or other promotions offered on Our Applications.
  5. We may occasionally send You push notifications through Our mobile Applications to send You game updates, high scores and other service related notifications that may be of importance to You.  You may at any time opt-out from receiving these types of communications by turning them off at the device level through Your settings in the Application.
  6. With only your express consent, We or Our partners may collect your precise location-based information (GPS) for the purpose of matching You with opponent players in Your local area, to tailor content specific to Your area (such as event announcements), to show Your location to other players, and to match your device location to certain points of interest for purposes of interest-based advertising. Other players in Our game may then be able to see that you are available to play a game when you participate in specific areas of our games.
  7. We may also collect information about You through other methods, including research surveys or information We obtain from third parties, including verification services, data services, as well as public sources.

Sharing of Personal Information

We only share personal information with other companies or individuals in the following limited circumstances:

  1. We may share with third parties the location of Your device in order to improve and personalize Your experience of the Services.
  2. We may share with third parties’ certain pieces of non-personal information, such as the number of Users who used a particular service, users who clicked on a particular advertisement or who skipped a particular advertisement, as well as similar aggregated information. Such information does not identify You individually.
  3. We may share with third parties’ Unique Device ID. While such information does not by itself identify You to us, it may be unique or consist of or contain information that You consider personal, however such information does not identify You individually.
  4. We provide such information to trusted businesses or persons for the purpose of processing personal information on Our behalf. We require that these parties agree to process such information based on Our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
  5. If You sign through a third party social networking site or service, Your list of “friends” from that site or service may be automatically imported to the Application. Again, We do not control the policies and practices of any other third-party site or service.
  6. We may engage other companies and individuals to perform services on Our behalf.  Example of these services include analysing data and providing customer support.  These agents and service providers may have access to Your personal information in connection with the performance of Services for Us.
  7. We may release your information as permitted by law, or when we believe that release is appropriate to comply with the law; investigate fraud, respond to a government request, enforce or apply our rights; or protect the rights, property, or safety of Us or Our Users, or others.  This includes exchanging information with other companies and organizations for fraud protection. In certain situations, We may be required to disclose personal information in response to lawful requests by public authorities or for local law enforcement.
  8. We may share Your information in connection with any merger, sale of Our assets, or a financing or acquisition of all or a portion of Our business to another company.  You will be notified via email and/or notice on our Website of any change in ownership.
  9. We may share aggregate or anonymous information about You with advertisers, publishers, business partners, sponsors, and other third parties.

We retain Your information for as long as Your account is active or as needed to provide you Services.  We will also retain and use Your information as necessary to comply with our legal obligations, resolve disputes, and enforce Our agreements.

Making a Purchase

If You purchase a license to use in-game virtual currency or virtual items through Our Applications, Our third-party payment processor will collect the billing and financial information it needs to process Your charges. This may include Your postal address, e-mail address and financial information. Mech Mocha does not collect or store Your financial information, like credit card numbers. However, Mech Mocha’ payment processors may share non-financial information with Us related to Your purchases, like Your name, billing address and the items purchased in order to fulfil Your order. Mech Mocha may also obtain the billing and payment information that You provide when Your purchase is processed by someone else (like Facebook, Apple or Google) such as when You purchase something in a game You play on a social network or that You downloaded on your mobile device. Please note that purchases of third party credits or currencies may also be subject to those parties’ policies. 

Security

The security of Your personal information is important to Us. We take precautions, including administrative, technical and physical measures, to safeguard Your personal information against loss, theft and misuse, as well as against unauthorised access, disclosure, alteration and destruction. When You enter sensitive information on Our registration, We encrypt that information.  Your account information is located on a secured server behind a firewall. When you enter sensitive information (such as credit card number or Your password), we encrypt that information using secure socket layer technology (SSL).

Our Website and Applications have various electronic, procedural and physical security measures in place to protect the loss, misuse and alteration of information, or any accidental loss, destruction or damage to data.  When You submit Your information via the Website or Applications, Your information is protected through Our security systems.

Although We make good faith efforts to store the information collected on the Website and Applications in a secure operating environment that is not available to the public, We cannot guarantee the absolute security of that information during its transmission or its storage on Our systems.  Further, while We attempt to ensure the integrity and security of Our network and systems, we cannot guarantee that Our security measures will prevent third-party “hackers” from illegally obtaining access to this information.  We do not warrant or represent that Your information will be protected against, loss, misuse, or alteration by third parties. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however.  Therefore, We cannot guarantee its absolute security.

Notwithstanding anything contained in this Privacy Policy or elsewhere, We shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).

A “Force Majeure Event” shall mean any event that is beyond the reasonable control of Us and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond reasonable commercial control of Us), power or electricity failure or unavailability of adequate power or electricity.

You agree that all Personal Information shall be retained till such time required for the Services or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.

Accessing Third Party Websites

Our Website and Applications may contain link to other websites. Please note that when you click on one of these links, you are entering another website or application for which We have no responsibility. We encourage you to read the privacy statements of all such sites or applications as their policies may be materially different from this Privacy Policy. Of course, you are solely responsible for maintaining the secrecy of Your passwords, and Your membership account information. Please be very careful, responsible, and alert with this information, especially whenever You’re online. 

Protection of Children

If You are a User under the age of 18 (“Child User”), please ensure that You have adequate consent from Your parent or guardian to access Services in accordance with the present Privacy Policy. If You are the parent or guardian of a Child User, please advise Your child of the risks of posting personal information on Our Services or other online services, and that any information posted may be used by third parties without restriction. Notwithstanding anything contained herein, We shall always presume that every User has adequate consent and free-will to access Services and to enter into a legally enforceable contract with Us.

We also reserve the right to remove, at Our sole discretion, any content or material posted by a User which may be of defamatory or sexual nature or offensive to other Users in any manner, and take appropriate legal action against such User in accordance with Our Terms of Use

Cookies

A cookie is a chunk of data that is sent to the Website from a server and stored on the hard drive of Your computer and/or mobile (“Cookies”). A session Cookie disappears automatically after You close Your browser. A persistent Cookie remains after You close Your browser and may be used by Your browser on subsequent visits to the Services. We may use Cookies related information to: (a) remember Your data and/or personal information so that You will not have to re-enter it during Your visit or the next time You access the Services; (b) provide customized third-party advertisements, content, and information; (c) monitor the effectiveness of third-party marketing campaigns; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track Your entries, submissions, and status in any promotions or other activities.

We may allow third-party service providers, like advertisers, to place and read their own Cookies, web beacons, and similar technologies to collect Data and/or Personal Information through Services. This data and/or personal information are collected directly and automatically by these third parties, and We do not participate in these data transmissions and these third-party cookies are not covered under this Privacy Policy.

 

Changes to the Privacy Policy

We reserve the right to change the Privacy Policy at Our sole discretion. We will inform Users of any such change by Us posting the updated Privacy Policy on Our Website. We encourage You to review this Privacy Policy regularly for any such changes. Your continued use of the Services will be subject to the then-current Privacy Policy.

 

Compliance with Laws and Law Enforcement

We will cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We reserve the right to track IP addresses for the purposes of fraud prevention, and to release IP addresses to legal authorities. We will disclose information about You to government or law enforcement officials or private parties when We believe reasonably necessary to comply with law, to protect the property and rights of the Company or a third party, to protect the safety of the public or any person, or to prevent or stop activity We may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

 

Email Notifications

You may be contacted, by email or other means; for example, We may send You promotional offer on behalf of other businesses or communicate with You about Your use of the service. Also, We may receive a confirmation when You open an email from us. This confirmation helps us improve Our service. If You do not want to receive email or other mail from us, please indicate Your preference by clicking on the “Unsubscribe” link at the bottom of the email or changing Your email settings on Your account settings page. Please note that if You do not want to receive legal notices from us, those legal notices will still govern Your use of the service, and You are responsible for reviewing such legal notices for changes.    

 

Contact Information

If You have any questions or concerns with respect to the Privacy Policy or any information contained on thereon, You may contact Us by writing to Us at grievances@mechmocha.com. This Privacy Policy supersedes any previous versions.

 

 

Last Updated April 11, 2019

Fees Policy

THESE TERMS OF CHAALBAAZ FORM AN INTEGRAL PART OF THE TERMS OF USE AVAILABLE AT HTTP://CHAALBAAZ.LIVE/?PAGE_ID=11 AND ARE INCORPORATED IN THE TERMS OF USE BY REFERENCE. ANY TERM CAPITALIZED HEREIN AND NOT DEFINED SHALL HAVE THE MEANING ASCRIBED TO THEM IN THE ABOVE MENTIONED TERMS OF USE.

In order to enter or access a Contest(s), You shall be required to pay a fee (“Entry Fees”). You can either pay Entry Fees while You access Contest(s) or upload a lump sum amount using the “Cash Daale” option available in the “Aapka Balance” section of the Application(s). Amount less than INR 10/- (Indian Rupees Ten Only) shall not be allowed to be added in the “Cash Daale” section and the maximum amount You can upload in one transaction shall not be more than INR 9,999/- (Indian Rupees Nine Thousand Nine Hundred And Ninety Nine Only). The Entry Fees to be paid for each Contest shall be displayed for each Contest separately on the home page of the Contest(s).

Money deposited/withdrawn by You to/from Your wining cash has to be done through third-party payment gateways. We shall not be responsible for denial of any transaction by such third party payment gateways, as the transaction using such third party payment gateways are subjected to the terms and conditions specified by them. However, In case the money has been deducted from Your bank account/payment instrument and not deposited in the “Deposit Amount” in the “Aapka Balance” section in the Application(s), You can raise a request at the support email id and We to best of Our efforts shall liaison with the third party payment gateways and ensure that the money is credited in the “Deposit Cash” section in the “Aapka Balance” account.

You further agree and acknowledge that such any requests/disputes relate to Your payments or deposit shall be raised directly to Us. You shall not directly approach any third party payment gateway or third party service provider directly or indirectly without a written consent from us. The same shall apply pari-passu to any disputes being raised by You.

Further, We have the right to validate the personal information of the participants/Users from time to time. The process of validation can be done through phone call or via email. In case We are not able to get in touch with You even after several attempts and the validation is unsuccessful, We reserve the right to suspend Your account and forfeit the amount lying in Your “Aapka Balance” account.

Any refund request shall be subject to the Refund Policy of the Company available at http://chaalbaaz.live/?page_id=11 

 

Last Updated on April 11, 2019

 

 

Withdrawal Policy

THESE TERMS OF CHAALBAAZ FORM AN INTEGRAL PART OF THE TERMS OF USE AVAILABLE AT _HTTP://CHAALBAAZ.LIVE/?PAGE_ID=11 AND ARE INCORPORATED IN THE TERMS OF USE BY REFERENCE. ANY TERM CAPITALIZED HEREIN AND NOT DEFINED SHALL HAVE THE MEANING ASCRIBED TO THEM IN THE ABOVE MENTIONED TERMS OF USE.

Subject to Terms of Use, Privacy Policy, Fee Policy and such other policies as available at http://chaalbaaz.live/?page_id=11and applicable laws, You can withdraw the winnings which are eligible to be withdrawn through paytm (“Winning Cash”) by clicking on the “Cash Nikaale” tab in “Aapka Balance” section of the Application(s).  Once You intimate Your intention to withdraw by raising a request on Application(s), the Winning Cash shall be transferred into Your paytm account within nine working days. In case, due to any reason, including but not limited to, technical error either at Our end and/or at the end of paytm and/or third party facilitators or incorrect paytm account details provided by You or any other reason due to which We could not in the aforementioned time period transfer the Winning Cash or even if transferred from Our end but could not be processed further,  the Winning Cash shall be credited back to the balance within three working days and can be found in the “Aapka Balance” section of the Application(s).

Further, We have the right to validate the personal information of the participants/Users from time to time. The process of validation can be done through phone call or via email. In case We are not able to get in touch with You even after several attempts and the validation is unsuccessful, We reserve the right to suspend Your account and forfeit the amount lying in Your “Aapka Balance” account.

In cases of accidental or erroneous transfer of any amount (“Unearned Amount”) to any person/User We shall have the right and You shall be obliged to refund such Unearned Amount to us within three days of initiation of such request by Us. In case You do not refund the Unearned Amount to Us, We at our sole discretion reserve the right to forfeit the unused amount deposited by You without any requirement of approval or intimation to You. In case the unused balance is not sufficient, We may at our sole discretion initiate legal proceeding against You. 

Last Updated on April 11, 2019 

Refund Policy

THESE TERMS OF CHAALBAAZ FORM AN INTEGRAL PART OF THE TERMS OF USE AVAILABLE AT HTTP://CHAALBAAZ.LIVE/?PAGE_ID=11 AND ARE INCORPORATED IN THE TERMS OF USE BY REFERENCE. ANY TERM CAPITALIZED HEREIN AND NOT DEFINED SHALL HAVE THE MEANING ASCRIBED TO THEM IN THE ABOVE MENTIONED TERMS OF USE.

Any money deposited by User shall not be eligible for refund for any reason whatsoever. This shall pari-passu apply in the event where Contest(s) are being postponed, preponed or cancelled. However, in case where Contest(s) have been cancelled (whether with or without intimation) by Us, the money deducted to enter Contest(s) shall be credited back to the “Deposit Cash” balance and will be reflected in the “Aapka Balance” section available in Application(s).

No request for refund shall be entertained under any circumstance. You are requested to accordingly plan and deposit money. 

Last Updated on April 11, 2019

Game Play

THESE TERMS OF CHAALBAAZ FORM AN INTEGRAL PART OF TERMS OF USE AVAILABLE AT HTTP://CHAALBAAZ.LIVE/?PAGE_ID=11 AND ARE INCORPORATED IN THE TERMS OF USE BY REFERENCE. ANY TERM CAPITALIZED HEREIN AND NOT DEFINED SHALL HAVE THE MEANING ASCRIBED TO THEM IN THE ABOVE MENTIONED TERMS OF USE.

  1. Eligibility Criteria:

In addition to the eligibility criteria contained in the Terms of Use available at http://chaalbaaz.live/?page_id=11 and subject to the said Terms of Use, If You fulfil the following eligibility criteria, You may participate in the Chaalbaaz Gold Tournament (“Contest(s)”):

  1. The User should be above 18 years of age.
  2. In order to participate in the Contest(s), You must first download and install the Applications(s) from the http://chaalbaaz.live/ on Your mobile device. Thereafter, You must create an account by Facebook log in. You shall not use as user name, a name which is offensive, obscene, indecent, racial, communal, anti-national, objectionable, defamatory, abusive or promotes a commercial purpose. If You already have a Chaalbaaz Gold account, You may directly log into Your existing Chaalbaaz Gold account.
  3. A User can create only one User account by using his Facebook log in. Further, one User account should correspond to a single/unique mobile phone number for paytm wallet and login.
  4. Only persons currently residing in India are eligible to participate in the Contest(s).
  5. The Contest(s) are available for access and participation to the persons residing in India, subject to, the respective state specific laws of Indian states and/or any modification or amendment to these laws. Currently, individuals residing in the states of Assam, Rajasthan, Nagaland, Sikkim, West Bengal, Odisha and Telangana are not eligible to participate in the Contest(s), as these states prohibit/restrict the individuals residing in these states to participate in a Contest(s) which is Game of Skill.
  6. Subject to Terms of Use, employees of the Company, its respective holding, subsidiaries, associate companies, affiliates and third-party service providers who have been engaged by Company for the development, promotion, administration or execution of the Contest(s), and their family/household members are not eligible to access or participate in the Contest(s).

 

  1. Register:

You would be required to sign up in Application(s) by providing certain personal details such as name, e-mail address, telephone number, access to Facebook, Facebook account information and, accepting the terms & condition. The details provided by You during the registration process should be true, accurate, current and complete. If You provide information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that You have provided such information, then We may (in addition to any other rights or remedies available to Us) refuse registration, suspend access to all current or future use of Contest(s) (or any portion thereof) permanently. Also, If You choose to not agree to the terms and condition while registering, You shall not be allowed to complete the registration process. Consequently, You will not be able to access the Contest(s).

You shall not engage in any unfair conduct, which the Company finds to be unfair, illegal, violation of the policies or in any manner detrimental to the business of the Company or other user of the Contest(s) and, including but not limited to:

  1. Providing untrue, incorrect, misleading personal or any other information as requested by the Company;
  2. Misuse of the audio chat option available in the Contest(s), irrational, offensive, abusive, obscene or any other inappropriate behaviour or conversation with the other User;
  3. Engaging in any unauthorised act or methodology such as fraud, hack, unauthorised use of paytm wallet to deposit/withdraw/win/claim money, accumulation of points or other automated means;
  4. Unauthorised access to other user’s information for any purpose;
  5. Interfering with/accessing/tampering the administration of the Contest(s), security, computer programs of the Contest(s) and;
  6. Withdrawal from the Contest(s), which at the sole determination of the Company impacts the Contest(s), other User’s ability to complete the Contest(s) or the Company’s business.

Subject to the eligibility criteria, completion of the registration process, Terms of Use, Privacy Policy & other policies available at http://chaalbaaz.live/?page_id=11 and, the following conditions to access/participate in the Contest(s), You will be taken to the home page of the Application(s) for the Contest(s) details.

 

  1. Formats of Contest(s):

On landing to home screen of the Contest(s), You can find two formats of Contest(s) as defined & detailed below:

  1. Single Player Contest(s): In this format, a User shall play singly, without any partner in the Contest(s). The score of the User for Contest(s) (“Score”) in this format shall be determined solely by the performance of the said User during Contest(s). You will receive a series of questions and You will have to answer each question and complete the Contest(s); and
  2. Multi Player Contest(s): In this format, You will be partnered with another player playing in his/her/its device and you both will also have an option to talk through audio chat to discuss the answers, You both can discuss the answers and click on the option which you both choose individually or jointly. If answer given by both of you is correct, then the answer for both of you will be marked as correct. Even if a single participant gives wrong answer, the answer given by both players will be marked as wrong. You will receive a series of questions and You will have to answer each question in the similar way and complete the Contest(s).

Likewise, in a particular Contest, multiple individuals/users in case of Single Player Contest(s) and multiple teams in case of Multi Player Contest(s) shall participate. The leader board and manner in which the winner shall be declared is mentioned herein in this policy.

The list, date and time for the Contest(s) will be displayed on the Application(s). We reserve the right to postponed, preponed or cancel any or all Contest(s) at our sole discretion for any reason whatsoever. However, We may at Our sole discretion inform You on the Application(s) or any through any other modes of communication, as We may deem fit at our sole discretion from time to time, about such changes or cancellation thereof.

The access to and participation in the Contest(s) shall be subject to an entry fees as mentioned herein below and Fees Policy available at http://chaalbaaz.live/?page_id=11.

 

  1. Entry fees:

 In order to access and participate in Contest(s), You shall be required to pay an entry fee as per the Fees Policy available at http://chaalbaaz.live/?page_id=11.

 

  1. Winner announcement: 

Once the Contest(s) are over, You will have to wait for the declaration of the results for the Contest(s). The result of Contest(s) shall be available in the Application itself. It may take Us three (3) to twelve (12) hours to declare the results of the game. For each Contest, Score shall be assigned to all the participants based on various parameters as detailed below and which the Company may revise at its sole discretion from time to time. Based on the score of the participants all the participants shall be assigned ranks (“Rank”).  The Rank, Score and the winnings of the top 100 winners for Contest(s) can be found on the leader board. Parameters to assign Score to the participants are as follows:

  1. Single Player Contest(s): In this format the participants shall be assigned Score based on the number of correct answers and the time taken to give the answer. Participant who answer the highest number of correct questions in the least time shall be given the highest Score and accordingly, all other participants will be assigned Score; and
  2. Multi Player Contest(s): In this format the participants shall be assigned Score based on the number of correct answers, the time taken to give answer and the time spent by a participant for conversation with another participant. Participant who answer the highest number of correct questions in the least time and also spend the highest conversation time with other participant via audio chat option available in the Application(s) shall be given the highest Score and accordingly, all other participants will be assigned Score.

In case of any tie/draw, the winning amount for all the participants be added and divided equally among all the participants. All decisions of Company in respect of the Contest(s) and the Prizes therein will be final and binding. And You agree not to raise any claim against the Company for the same.

We reserve the right to disqualify You (during or after the Contest), if You are found or are suspected to have failed to abide by and/or are in breach of the Terms of Use, Privacy Policy or such other policies as available at http://chaalbaaz.live/?page_id=11.

 

  1. Prize: 

Subject to these Terms of Use, Privacy Policy, Fees Policy and such other policies as available at
http://chaalbaaz.live/?page_id=11 and applicable law, We may reward a prize (hereinafter referred to as “Prize”) to the winner of the Contest(s). The Prize for different ranks for Contest(s) shall be displayed in the Application and can be viewed before participant enter the Contest(s).  The Prize can be in the form of bonus money or winning cash. Bonus money is a virtual currency which cannot be withdrawn and can be only used to access/enter Contest(s), winning cash is eligible to be withdrawn by the Users in their paytm account.  The Company reserves the right to determine the Prize and manner of distribution of the Prize in our sole discretion. If there are multiple winners in a Contest, then We shall have the right to divide the Prize amongst all or a list of top winners as determined by Us from time to time. Mere participation in Contest(s) will not entitle You to win the Prize.

We reserve the right to declare or to not declare the winners in the event no participant has submitted correct answers or took too long to answer question(s) or for any other reason as We may determine at Our sole discretion. Decision of Company in this regard is final and no correspondence in this regard will be entertained.

The Prize shall not be assignable or transferable and nor is any substitution permitted. However, We have the right to substitute the Prize with other prizes of equal value, as determined by Us in Our sole discretion. We may inform the winners through the Application(s) via push notification or any other mode of communication as We decide at our sole discretion.

If Prize cannot be made available to the winner due to applicable law or other reasons, then in such an event We reserve the right to not award the Prize at all. We do not guarantee that the Prize can be made available to the winner(s).

All taxes, levies and duties due and owing under applicable and statutory laws in connection with all Prize if any, and all other costs, including insurance, incidental costs, gifts, gratuities and taxes, are the sole responsibility of the Prize winners. Prize may be subject to withholding taxes and/or other levies, cess etc as per applicable law. We shall not be liable for payment of any tax on the Prize.

We further reserve the right to prescribe a minimum Prize amount from time to time that a winner must have in its Chaalbaaz Gold account to be able to transfer to paytm. Prize fulfilment will be subject to any applicable law, terms & conditions, privacy policy of such third-party service provider. However, We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly suffered by You in this regard. You may be required to such additional information/documents mandated by Us or third-party service provider whose service We are taking in relation to the Contest(s) before You can claim the Prize. If the Prize is not claimed within 90 days by the winner, then We may at our sole discretion choose to forfeit the Prize.

User’s/participants hereby agrees and acknowledges that by participating in the Contest(s) and winning Prize, User/participants permits Us and Our affiliates to use such User’s/participant’s name, likeness, voice, testimonials, feedback, Prize detail for advertising and promotional purposes in any media worldwide without any further permissions or consents and/or additional compensation whatsoever.  The User/participant further agrees and undertake that they will be available for such promotional purposes as desired by the Company without any additional charge.

If You are found or suspected to be defrauding the systems of the Contest(s) in any manner, then You shall be debarred from participating in the Contest(s) and Company may take legal action against You.

 

  1. Account Balance:

You can view, deposit, withdraw money anytime in “Aapka Balance” section available in the Application. You can also access all Your past transaction details in “Passbook” tab in the Aapka Balance section. Aapka Balance will have three type of balance as follows:

  1. Jama Kiya Hua Cash” means cash deposited by participants/Users to access/enter Contest(s);
  2. Cash Jeeta” means the Prize won for Contest(s) and subject to the Terms of Use, Privacy Policy, Fee Policy and such other policies as available at http://chaalbaaz.live/?page_id=11 is eligible to be withdraw by a participant/User in their paytm account; and
  3. Bonus Cash” means the winning which can only be utilized to access/enter Contest(s), subject to the terms applicable for utilizing such Bonus Cash. We at our sole discretion, may also provide new user with joining bonus or such other bonus as we may deem fit and the same shall be a part of Bonus Cash.
  1. Violation of the above terms:

In the case We believe that any of the terms contained herein in this policy, the Terms of Use, Privacy Policy, other policies as available at http://chaalbaaz.live/?page_id=11, are not adhered to or being violated by a participant/User, We at our sole discretion, shall be entitled to take any or all of the following actions and the User/participant shall not have right to raise any claim against Us:

  1. restrict/prohibit the User from accessing the Contest/(s);
  2. ban and/or block User;
  3. delete the User’s account;
  4. forfeit any amount which User has deposited and/or any Prize which User is entitled to or have otherwise won;
  5. take legal recourse including but not limited to civil and/or criminal;
  6. withdrawal of Services; and
  7. block Internet Protocol address and International Mobile Equipment Identity number.

Last Updated on April 11, 2019

Game of Skill

  • Contest(s) are predominantly in the formats which requires substantial skill for a participant/User to play and win, as the success of the participants/Users depends upon their knowledge of various aspects such as cricket and/or Bollywood and/or other current affairs and/or politics etc, attention towards the Contest (s), agility and adroitness while playing the Contest(s).

 

  • A game which among other things predominantly requires skill are legal. Subject to states specific laws in India and restriction and/or prohibition imposed by certain states in India, such “Game of Skill” are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court also in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.

 

  • By participating in Contest(s), each participant/User acknowledges and agrees that participant/User is participating in a game of skill.

 

 

Last Updated on April 11, 2019

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