1.CEEGEES SOFTWARE SOLUTION PRIVATE LIMITED
Kazhutha, kazhutha.com or its affiliates, subsidiaries, associates and partners hereafter could be referred as Kazhutha, We, Us and Our.
2. USAGE OF KAZHUTHA APPLICATION AND ADMIN PANEL
Any user accessing Kazhutha application or website for the use participating in the games, gaming services, being conducted on Kazhutha application (Tournament) shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to or offered by Kazhutha in relation to any Kazhutha Services. We reserve all the rights to modify or change the already defined Terms and Conditions, rules, regulations, and terms of use at any point in time, by posting the same on Kazhutha application or our website. Kazhutha constitutes the acceptance and agreement of the individuals using Kazhutha services towards time to time amendments that can be made in the Terms and Conditions, rules, regulations, and terms of use already defined by us. Users can be informed about the amendments in these Terms and Conditions, rules, regulations, and terms of use by sending an email to the Member’s and User's registered email address or posting notifications in the User accounts. if a user disagrees or does not accept the amendments in the Terms and Conditions, rules, regulations, and terms of use can use the options provided in such an email or notification to indicate their non-acceptance within a defined time frame. If a user fails to indicate their non-acceptance of the amendments within the defined time period the users are bound to accept the changes or modification in these Terms and Conditions, rules, regulations, and terms of use. In case the user disapproves/ rejects to accept the amendments in these Terms & Conditions, rules, regulations, and terms of use, then Kazhutha will not allow the user to use Kazhutha Services. A range of Kazhutha Services being offered on Kazhutha application or website may be subject to additional rules and regulations settled down in that respect. To the extent that these Terms and Conditions are inconsistent with additional conditions set down, additional conditions shall prevail. Kazhutha may, at its sole and absolute judgment:
If any user(s) breaches, or Kazhutha reasonably believes that such user(s) has breached these Terms and Conditions, or has illegally or inappropriately used Kazhutha or the Kazhutha Services, We may, at its sole and absolute discretion, and without any notice to them, restrict, suspend or terminate their access to all or any part of Kazhutha or the Kazhutha Services, deactivate or delete the user's account and all related information on the account, delete any content posted by the user(s) on Kazhutha and further, take technical and legal steps as per consideration under these terms and conditions.If we charge user(s) a platform fee in respect of any Kazhutha Services, shall, without delay, repay such platform fee in the event of suspension or removal of Member(s) or their user’s account or Kazhutha Services on account of any negligence or deficiency on the part of Us , but not if such suspension or removal is affected due to:
3.INTELLECTUAL PROPERTY
Kazhutha application comprises a combination of content created by CeeGees Software Solutions Pvt Ltd and its associates. The intellectual property rights ('Intellectual Property Rights') in all software underlying Kazhutha and the Kazhutha Services and material published on Kazhutha application, admin panel and website, including (but not limited to) games, Contests, advertisements, software, source code, photographs, written content, images, graphics, marks, illustrations, audio, logos or video clippings and animation, is owned by CeeGees Software Solutions Pvt Ltd and its associates. Users may not transmit, publish, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Kazhutha and Website either in whole or in part without express written license from CeeGees Software Solutions Pvt Ltd . Users may request permission to use any Kazhutha content by writing in to Kazhutha Support. Users confirm and undertake to not display or use of the names, marks, logos, trademarks, labels, copyrights or intellectual and proprietary rights of any third party on Kazhutha Members and Users agree to cover and hold harmless Kazhutha its directors, affiliates, employees and assigns against all costs, loss and harm including towards litigation costs and counsel fees, damages, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, marks, logos, trademarks, labels, copyrights or intellectual rights on Kazhutha by such user or through the user’s commissions or omissions. Users hereby grant to Kazhutha and its affiliates, partners, licensors and associate a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish User’s Content for any of the following purposes:
This license shall apply to the distribution and the storage of Users' Content in any form, medium, or technology.All names, marks, logos, trademarks, labels, proprietary rights and copyrights or intellectual rights on Kazhutha belonging to any person, entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Kazhutha.
4. THIRD PARTY SITES, SERVICES, AND PRODUCTS
There may be various links to other Internet sites owned and operated by third parties on Kazhutha application and its website which may contain different conditions for users' use of the website and application. Kazhutha authorities do not hold any control or responsibilities for internet sites apart from Kazhutha application and its website, and thus, it shall not be held responsible for any content posted on any third party Internet site. Further, the involvement of Kazhutha with any of the third-party content or links to third-party Internet sites is not related to any sort of endorsement by Kazhutha of such third-party Internet sites.Kazhutha is neither associated with nor responsible for the correspondence, transactions, and all other related activities between users and third parties including payment providers and verification service providers on Kazhutha User’s involvement with third parties is entirely dependent on the terms and conditions, policies and services terms of these third parties and Users are solely responsible for reviewing the policies, terms and conditions, and the service terms of these third parties before transacting or availing any of the services. Accepting the Terms and Conditions of Kazhutha, Users agree that Kazhutha is not responsible for any sort of damage or loss faced by Users due to any sort of transactions, correspondence and all related activities with any of the third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.Kazhutha comprises a group of content created and posted by either Kazhutha as well as various third parties. Kazhutha does not hold responsible for the accuracy, integrity or the quality of the content created and posted by any of the third parties and such content may not be relied upon by the Users in terms of using the Features provided by the Kazhutha platform or taking part in any of the tournament hosted on the Kazhutha platform.
5. PRIVACY POLICY
You agree to comply with Our privacy policy, guidelines and statements as may be applicable from time to time, which are incorporated into these Terms, and can be found at Privacy Policy.
6. USER(s) CONDUCT
The Terms and Conditions, rules, regulations and terms of use defined by Kazhutha for user(s) are mandatory to be followed by user(s) and in an event if user(s) fails to follow the Terms and Conditions, rules, regulations, and terms of use adequately the authorities of Us reserves all the rights to take action against such user, which might include (but not limited to):
By accepting the Terms and Conditions of Kazhutha the individual’s using services provided by Kazhutha agree to provide true, accurate, current and complete information while registration and at other times when demanded by Kazhutha. The individuals further provide consent to keeping their registration information updated. A single user is permitted to register or operate only one user account with Kazhutha (inclusive of both web & app).The individuals using the services provided by Kazhutha provide their consent for receiving all the communications from Kazhutha by marking emails from Kazhutha as part of their 'safe senders' list. In any event, if any of the emails sent by Kazhutha remains unread by the user because of being sent to the Spam or Junk folders, Kazhutha shall not be held responsible. Any sort of password issued by Kazhutha to any of the individuals using the services provided by Kazhutha are confidential and should not be shared by user(s) with anyone else. User(s) hold the sole responsibility of maintaining the confidentiality of their accounts and passwords. User(s) offer their consent by agreeing to the Terms and Conditions of Kazhutha to inform Kazhutha about any unauthorized use of their passwords or accounts or any other breach of security. User(s) are solely responsible for the security and confidentiality of his/her payment accounts linked to his/her Kazhutha account. In case of any misuse of the linked payment accounts of user(s), Kazhutha shall not be held liable; further, such misuse of the linked payment accounts of user(s) should be reported to Kazhutha or payment vendors as soon as it comes to the notice of user(s). The individuals using services provided by Kazhutha should neither conduct nor assist the usage of cheats, exploits, automation, software, bots, hacks or any unauthorized third-party software specifically formulated for modifying or intervening with Kazhutha services and/or Kazhutha experience. The individuals using services offered by Kazhutha provides their consent of not copying, modifying the technology and software associated with Kazhutha services. Further, user(s) accept not to rent, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to anyone of the associated technologies and software. The Terms and Conditions of Kazhutha bounds user(s) to neither modify nor become a cause of modification of any of the files, technology or software associated with Kazhutha. User(s) provide their acceptance to not to disrupting, overburdening, or promoting any kind of disruption or overburdening to: The servers or computers offering or supporting Kazhutha services and The enjoyment of Kazhutha services by other Users or persons. The Terms and Conditions of Kazhutha do not permit user(s) to attain any sort of unauthorized access to user(s) accounts, Servers or networks associated to Kazhutha services by any means except the user interface provided by Kazhutha User(s) must not indulge in activities like circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software associated with the service provided by Kazhutha. User(s) provide their acceptance for not using the Kazhutha platform for any sort of inadequate activities including (but not limited to):
7. REGISTRATION
In order to register for the membership of subscription for Kazhutha and their user(s) to participate in the Tournament(s), both are required to provide the following information accurately:
The “Full Name” and “Date of Birth” mentioned by the members and users for the purpose of verification should match with the Name and Date of Birth mentioned on all the documents required to be uploaded for verification purposes. The people participating in activities, services or features provided by Kazhutha are required to provide their approval stating they have carefully read all the terms and conditions and will comply with all the rules, regulations and terms of use of Kazhutha. The users entering any contest(s) organized by us as a resident of Assam, Odisha, Telangana, and Nagaland will not be permitted to sign up for any round in the paid version of the Tournament as elaborated below. In case of audits from Kazhutha or Subscribed Member(s), if a user is found to be a resident of Assam, Odisha, Telangana or Nagaland but not stated at the time of registration then Kazhutha at its sole and absolute discretion holds the rights to take action against such user including (not limited to) blocking of user account, deletion or deactivation of user account, and resetting the user account to initial level by deleting all the logs, refers & reducing the amount present in the user wallet to “zero.” The members and users who are above the age of 18 years and have successfully completed their registration process by entering valid and adequate information in the registration form are sent a confirmation email containing their login details. In case of PAN card verification, any scanned image of a photocopy of the users’ PAN card will not be acceptable. For PAN card verification it is mandatory to upload a full image of the original PAN card. In case you are uploading an E-PAN card for the PAN card verification process then it is mandatory to upload a full scanned image of the E-PAN card (both front and back).
8. CONTESTS, PARTICIPATION AND PRIZES
Currently, there are Free versions of the Tournament made available by Kazhutha for users. Their users may participate in the Contests by paying the pre-designated amount as provided on the relevant Contest page created by Kazhutha. The Participant with the highest aggregate points at the end of the predetermined round shall be eligible to win a pre-designated prize, as stated on the relevant tournament page. A Participant may create different Teams for participation in tournament offered in relation to a Kazhutha Event across the Kazhutha Services provided to user(s). However, unless we specify otherwise in relation to any Contest ("Multiple Entry Contest"), Participants acknowledge and agree that they may enter only one Team in any Contest offered in relation to a Kazhutha Event. In the case of a Multiple Entry Tournament, a Participant may enter more than one Team in a single Multiple Entry Tournament, however on submitting more than one Team for participation in a single Multiple Entry Tournament, the Participant will not be permitted to edit or revise the Teams so submitted for participation in such Multiple Entry Tournament. In addition, it is expressly clarified that Kazhutha or user(s) may, from time to time, restrict the maximum number of Teams that may be created by a single user account (for each format of the Kazhutha Services) or which a single User account may enter in a particular Multiple Entry Tournament, in each case to such number as determined by Kazhutha or user(s) in its sole discretion. User(s) shall collect a pre-designated fee to access the Tournament. In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Odisha, Telangana or Gujarat, such Participant will not be permitted to proceed to sign up for the round or tournament and may not participate in any version of the tournament.
9. ELIGIBILITY
The Tournament based Kazhutha is open only to persons above the age of 18 years. Kazhutha may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the tournament. Persons who wish to participate must have a valid email address. Only those Participants who have successfully registered on the Kazhutha as well as registered prior to each round in accordance with the procedure outlined above shall be eligible to participate in The tournament based Kazhutha.
10.LEGALITY OF GAME OF SKILL
Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867. The Indian Supreme Court 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 User shall be classified as a game of skill.The Tournament (s) described above are games of skill as success of Participants depends primarily on their superior knowledge of the games of cards statistics, knowledge of Users’ relative form, Users’ performance in a particular territory, conditions and/or format, attention and dedication towards the Tournament(s) and adroitness in playing the Tournament(s). The Tournament(s) also requires Participants to play in a well-balanced way with limited resources. By participating in this Tournament(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
11. PAYMENT TERMS
For user(s) In respect of any transactions entered into on the Kazhutha Services, including the prize money being won in the free versions of tournament, user(s) both agree to be bound by the following payment terms:
12. SELECTION AND VERIFICATION OF WINNERS AND CONDITIONS RELATING TO THE PRIZES
SELECTION OF WINNERS
We will select winners on the basis of computation and tabulation of scores in a designated round (which may last anywhere at the end of an entire tournament) of the Tournament(s). An individual who will score the highest aggregate of points based on the performance of their selected Users will be declared as winners by us. In an event wherein there's a tie between the winners, then the winning users shall be declared as the winners. If the users have not complied with the Terms and Conditions defined by Kazhutha, then, Kazhutha shall not be liable to pay any prize in relation to the use of the Kazhutha application, Tournament, 'Kazhutha Rules,' etc.
CONTACTING WINNERS
Kazhutha shall contact winners of the tournament(s) through email, mobile or both provided by the user at the time of registration on our dedicated application. We shall share details to the users about the documents required for the collection of the prize at this stage. As a general practice, winners will be required to provide the following documents:
An individual shall not be allowed to withdraw his/her prize without the submission and verification of the above mentioned documents within the time-period defined by us. By accepting these Terms and Conditions, the users ensure that the documents provided at the time of verification are the true copies of the original documents. The users are bound to provide adequate and complete details at the time of registration. Registered user(s) shall not be held responsible for any sort of communication, commissions or omissions that might lead to a situation wherein the results may not be communicated to the Winner. We shall publish the list of the winner(s) and inform the winners through email, app or mobile.
VERIFICATION PROCESS
We are authorized only to permit the user(s) who have successfully completed the verification process by providing the required documents within the time limit specified by us to withdraw/receive their accumulated winnings (or any part thereof). Any request for extending the time-limit for verification and document submission shall not be accepted by us. We are authorized to disqualify any winner from withdrawing their accumulated winnings post scrutinizing all documents (or any part thereof) on the following grounds: If we identify that any of the document or information provided by the user at the time of verification is inadequate, incorrect, misleading, false, fabricated, incomplete or illegible; or Participant does not fulfill the Eligibility Criteria specified; or Any other ground. Any winner who is winning any tournament authorizes Kazhutha to use images and names of the winners on social media platforms and to display on pages, ads of Kazhutha as and when needed. In case, any user disagrees with this, no withdrawal shall be processed, and the user will not be allowed to play further on Kazhutha.
13. TAXES PAYABLE
The prizes offered to the users declared as winners of the tournament(s) organized by their users comply with a deduction of tax ('TDS') under the Income Tax Act 1961. In an event wherein such tax deductions are made, the winners will be provided TDS certificates. The individuals declared as winners agree to pay other applicable tax, including (but not limited to) income tax, gift tax, etc. in respect of the prize money.
14. TABULATION OF POINTS
Kazhutha may obtain the score feed and other information required for the computation and tabulation of points. In the rare event that any error in the computation or tabulation of points, selection of winners, etc., as a result of inaccuracies in or incompleteness of the feed provided comes to its attention, Kazhutha shall use best efforts to rectify such error prior to the distribution of prizes. However, Kazhutha hereby clarifies that it relies on the accuracy and completeness of score/statistic feeds and does not itself warrant or make any representations concerning the accuracy thereof and, in any event, shall take no responsibility for inaccuracies in computation and tabulation of points or the selection of winners as a result of any inaccurate or incomplete scores/statistics received. User(s) agree not to make any claim or raise any complaint against Kazhutha in this respect.
15. PUBLICITY
In an event wherein an individual declared as the winner of Tournament(s) accepts the prize offered by Kazhutha then affiliates of Kazhutha and We ourselves are authorized to use the name, likeness, voice and comments of the winner for various purposes including (but not limited to) advertising, promotion of the company in any media worldwide, alongside trading without any further permissions or consents and/or additional compensation being given to the participant. By accepting the Terms and Conditions, the winners of the Tournament(s) provide their consent for being available for promotional purposes as planned and desired by Kazhutha without any charge. The promotional and advertising events can include (but not limited to) press events, internal meetings and ceremonies/functions wherein the dates for the promotional events will be solely decided by the team of Kazhutha.
16. GENERAL CONDITIONS
In a rare event wherein Kazhutha identifies the need of any governmental, statutory or regulatory compliances or approvals for organizing any Tournament(s) and the company identifies any on-going Tournament(s) breaching the legal guidelines or being prohibited by the legal authorities, then, Kazhutha hold all the rights to cancel or withdraw such Tournament(s) without any prior notice to the Kazhutha and their User(s). The individuals using the services provided by Kazhutha agree not to make any claims related to such cancellation or withdrawal in any manner. The employees, directors, affiliates, relatives and family members of Kazhutha, will not be eligible to participate in any Tournament(s).
17. DISPUTE AND DISPUTE RESOLUTION
Any sort of disputes associated with Fun Features or services provided by Kazhutha including the Tournament(s), Kazhutha accounts, the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or Kazhutha shall be undertaken by the courts of competent jurisdiction at Bangalore, Karnataka. All sort of disputes, issues, and questions shall be addressed by the court competent jurisdiction in alignment with the laws of the Republic of India. In a circumstance wherein a legal dispute arises (legal issue or question) between two parties, the party raising the dispute is bound to provide written notification ('Notification') to the other party involved in the dispute. The parties involved in the dispute should initially focus on resolving the issue post receiving the Notification. However, if both the parties fail to resolve the dispute through mutual discussion within 15 days of receiving the Notification, the dispute shall be resolved by arbitration. Only Kazhutha liable to raise the dispute query to Kazhutha User(s) may raise their dispute query to only their user(s). The place of arbitration shall be Bangalore, Karnataka, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. During the arbitration process, the parties involved in the dispute will be compelled to follow the arbitration award. Additionally, the parties involved in the disputes will have to bear costs of arbitration on their own and will have to equally share the fees of the arbitrator unless stated otherwise by the arbitral tribunal. The arbitrator is allowed to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator is bound to provide a rational award.
18. DISCLAIMERS
To the extent permitted under law, neither Kazhutha nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. In alignment to the legal bodies, Kazhutha shall not be held responsible for any harm faced due to downloading or accessing any information or material, the quality of servers, games, products, Fun Features or sites, cancellation of competition and prizes. Further, Kazhutha disclaims any sort of warranty for the content provided on Kazhutha application. This content is distributed on an as is, as available basis. By accepting these Terms and Conditions User(s) agree not to make any demands, or claims in the event of suspension or closure of any Services, events or Contests organized/provided by Kazhutha.