By accessing, downloading, or using these Services, you agree to be bound by these Terms.
You are requested to carefully read these Terms from time to time before using the Platform or participating in a contest. You should check these Terms periodically for changes. Users acknowledge and accept that they may be subject to receiving periodic communications, in relation to their obligation to comply with the terms. Your continued use of the Platform and the Services shall be deemed to be effective and valid consent.
- You hereby represent that you have attained the age of majority to access the Services and the Platform. You will not in any manner use our Services or Platform if you are not at least 18 years of age.
- The games on the Platform, which can be played for real money, are open only to Indian residents except for the residents of states of Assam, Odisha, Nagaland, Sikkim, Meghalaya, Andhra Pradesh, and Telangana (hereinafter “Prohibited States” which for the purpose of these terms will mean states which have prohibited playing games of skill for real money, either by way of legislation or as per judicial precedents). This list of Prohibited States may change from time to time; you are advised to peruse the terms from time to time to apprise yourselves of the updated list. Xogo Games does not offer poker for stakes within the territory of Gujarat. Users are permitted to access the free-to-play versions of all games, if they are so made available on Xogo Games, regardless of their state of residence.
- If you are residing and/or accessing the Platform from any region/state/country where a contest for stakes is prohibited or restricted by law or other reasons, then you are prohibited from registering and participating in the said contest. You must comply with the laws that apply to you.
- In case you participate in the contest by misrepresentation, we in our sole discretion may disqualify you at any stage of the process, withhold any prize that you may have won and take legal action against you. If you are found or suspected to be defrauding the systems of the Platform in any manner then you will be debarred from participating in the contest(s) and we may take legal action against you.
- Employees of Xogo Games, its respective holding, subsidiaries, associate companies, and third-party service providers who have been engaged by Xogo Games for the development, promotion, administration, or execution of contest(s), and their family/household members are ineligible to participate in the contests hosted on the Platform.
- Xogo Games reserves the right to withdraw or discontinue or terminate a contest at any stage without prior notice and without any liability whatsoever to you.
- In any contest on the Platform, which is being played for money, in case of a draw/tie, the final decision would be that of Xogo Games, and you will not be entitled to any refunds in such a situation.
- Xogo Games gives its users a personal, royalty-free, non-assignable, non-exclusive, and revocable limited license to use the Services. This license is for the sole purpose of enabling the personal and private usage of the Services by Users, as provided by Xogo Games, in accordance with these Terms. Xogo Games may, at its own discretion, cease totally or partially, and/or permanently or temporarily restrict the provision of the Services or Users' accounts without prior notice or communication to the Users.
- Each game available on the Platform will be governed by a specific set of rules which are featured against each game, and we urge you to peruse the same before accessing them.
- Any charges incurred by the Users for accessing the Services, including but not limited to internet connection and/or mobile or data charges, remain the full responsibility of the Users.
- The content made available through the Services is provided on an “AS IS” basis. We do not make any representations, warranties, or guarantees, in relation to the quality, suitability, truth, accuracy, or completeness of any content made available on the Platform. The Users acknowledge the sole responsibility for and assume all risk arising from their use or reliance on any content.
- You agree not to: circumvent, remove, degrade, deactivate, or thwart any of the contents of our Services; or use any robot, spider, scraper, or other means to access our Service. You also agree not to decompile, reverse engineer, and disassemble any software or other products or processes accessible through our Service. Additionally, you agree not to upload, post, e-mail, or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of our Service. We may terminate or restrict your use of our Services if you violate these Terms, or otherwise engage in any illegal or fraudulent use of our Services. We may also withhold amounts, prizes, or privileges you may have received, seek refunds, and take legal action against you.
- You must register with our Platform to be able to avail of our Services and may be required to provide such necessary details and identification proof/s for us to create a valid and accurate profile for your use. As you may also avail of the Services to play for real money, any withdrawals made by you will be subject to any KYC considerations that are mandated in law.
- A User may be able to register or operate up to two User accounts with Xogo Games. If Xogo Games is made aware that a User has registered more than two User accounts with Xogo Games, or is using multiple mobile numbers to play on the Platform, it may restrict your use of the Services, and block, restrict, or forfeit any amounts, prizes, or privileges that you may have received on the Platform, or that have otherwise been given to you.
- Users are responsible for safeguarding their access to the Services and following the general internet etiquette that must be adhered to. Xogo Games will not be responsible for any loss that Users may suffer because of any unauthorized access granted to their accounts and/or use of the Services, and Xogo Games accepts no responsibility for any losses or harm resulting from such unauthorized use, whether fraudulently or otherwise.
- In the event any user breaches, or Xogo Games reasonably believes that such User has breached these Terms, or has illegally or improperly used Services, Xogo Games may, at its sole and absolute discretion, and without any notice to the user, restrict, suspend or terminate such user's account and their access to all or any part of Services, and take such legal action as may be necessary.
- Users agree to exit/log out of their accounts at the end of each session. Xogo Games will not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
- Without limiting the foregoing, Users agree not to use the Services for any of the following.
- To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory, or abusive action or communication and to exercise due caution and discretion in the use of Xogo Games;
- To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
- To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- To advertise, offer or sell any goods or services for any commercial purpose on Xogo Games without the express written consent of Xogo Games;
- To falsify or delete any author attributions, legal or other proper notices or proprietary designations, or labels of the origin or the source of software or other material;
- To impersonate any person or entity, including, but not limited to, a representative of Xogo Games, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
- To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Xogo Games or to manipulate User's presence on Xogo Games(s);
- To publish information that threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement violence or disturbs the maintenance of public order or the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
- To publish information that is an invasion of another’s privacy, their bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities, and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to the purpose of that particular Forum.
- In the event that the username is not appropriate, Xogo Games reserves the right to disallow the use of such a name.
- Users must please review and familiarize themselves with Xogo Games’ Responsible Gaming Policy, available at www.Xogo Gamesgames.com/responsible-gaming-policy, and undertake to access the Platform and our Services in compliance with this Policy.
Games of Skill
- The games hosted on the Platform, and made available to you, are all games of skill. While each game may feature a different level of skill element, and the threshold may vary, each game will be governed by the skill set you demonstrate to play and achieve the outcome. Games of Skills under the laws of the country, are allowed to be played for real money, barring certain prohibitions, restricted across certain states, where we disallow you from accessing our Services, either in part or in full.
- Supreme Court of India in the case 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 defined Games of Skill in this manner: “A game of skill, on the other hand- although the element of chance necessarily cannot be eliminated is one in which success depends principally upon the superior knowledge, training attention, experience and adroitness of the player. Golf, chess, and even Rummy are considered to be games of skill. The Courts have reasoned that there are few games, if any, which consists purely of chance or skill, and as such games of chance are one in which the element of chance predominates over the element of skill, and a game of skill is one in which the element of skill predominates over the element of chance. It is the dominant element – “skill” or “chance” – which determines the character of the game”.
Contests, Deals, Levels, and In-App purchases
- Xogo Games may conduct promotions, including, without limitation, contests, consolation prizes, and level redemptions. Each promotion may have additional Terms and rules that may be applicable, which will be posted or otherwise made available to you, and for purposes of each of these activities, will be deemed to be incorporated into and form a part of these Terms and will be binding on you.
- Tier Levels - Xogo Games may classify its Users into different Tier/Profile levels as per its discretion and a proprietary algorithm that factors in multiple variables relating to the activity of the users, viz. A number of games played, performance within those games etc. Such Levels have no monetary value and do not constitute currency or property of any type.
- Certain parts of the Services may be available to you, only upon payment of a participation amount.
- Xogo Games reserves the absolute right to determine (i) the format of any contest; (ii) the prizes structure; (iii) the selection of winners; and, (iv) the manner of disbursal of rewards, gifts, and deal redemptions
- Xogo Games makes no assurance and will have no liability with respect to the quality of the product(s), rewards, gifts, deal redemptions,, logistics and handling procedures, or unforeseen costs or unfavorable constraints that may surface when a User claims rewards.
- If Xogo Games charges its Users a Platform Fee for its Services, Xogo Games may repay such Platform Fee if there is any negligence or deficiency on the part of Xogo Games or deliberate breach of these Terms, but not if a User’s account is suspended or removed on account of:
- Any breach or inadequate performance by the User of any of these Terms and Conditions; or,
- Any circumstances beyond Xogo Games’ reasonable control.
Third-Party Sites, Services, and Products
- Xogo Games may contain links to other websites owned and operated by third parties. Links to such websites or resources do not imply any endorsement by Xogo Games of such websites or resources or the content, products, or services available on such websites or resources. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. Xogo Games does not exercise control over any Internet sites apart from Xogo Games and cannot be held responsible for any content residing in any third-party Internet site.
- User’s interactions with such third parties, including payment providers and verification service providers, are solely between the User and that third party. User’s interactions with such third parties will be subject to the terms and conditions, policies, and other service terms adopted/implemented by a such third party, and the User acknowledges sole responsibility for and assumes all risk arising from its use of such websites or resources.
- Users acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Services, are owned by or licensed to Xogo Games.
- By submitting any content on or through the Services, you grant Xogo Games a worldwide, non-exclusive, royalty-free license with the right to sublicense, use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and make derivative works of such content in any and all media or distribution methods now known or later developed.
- Users must not copy, distribute, make available to the public, or create any derivative work from any content made available on the Platform and/or to any other User. Xogo Games respects the intellectual property rights of others and expects its users to do the same. If users or any third party believe that their content has been copied in a way that constitutes infringement, they will provide Xogo Games with the following information: (i) identification of the protected work claimed to have been infringed; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the location of the material; (iii) contact information, including address, telephone number, and an email address; (iv) a statement that such User or third party have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information in the notification is accurate, and, under penalty of perjury, that such User or third party is authorized to act on behalf of the copyright owner; and, (vi) by way of writing countersigned, or if via e-mail with a valid electronic signature.
- All rights, title, and interest in and to the Services, remain Xogo Games’ exclusive property, and/or of its licensors. Services are protected by copyright, trademark, and other laws. Nothing in the Terms gives Users any right to use the Xogo Games name or any of the Xogo Games trademarks, logos, domain names, properties, and other distinctive brand features, without Xogo Games’s prior written consent.
Tax & TDS Policy
- Any tax/levies/duty etc., as applicable, will be paid by the user of the Services.
- No TDS (tax deducted as source) is deducted for net winning amounts that are up to or less than Rs.10,000/- by Xogo Games.
- TDS is deducted on net winning amounts above Rs.10,000/- by Xogo Games before releasing the winnings/prize/product/amount and/or by whatever name is called.
- Xogo Games deducts TDS on net game winnings as per applicable law. Any entry amount for a game is deducted to compute net winnings.
- To calculate the appropriate taxation amount, the time of supply of services is recorded and considered. To that extent, the earliest date from the - date of issue of invoice, date of receipt of payment, date of provision of service, and date of recording - is considered to determine the date of supply of services. As we receive payments in advance as actionable claims, the date of supply will be the date when payments are actually credited to the winner.
- Your prize can only be redeemable after a TDS deduction if the winning product is above Rs.10,000/-. TDS amount is to be paid to Xogo Games Games as provided under Section 194B read with Section 115BB of the Income Tax Act, 1961.
- Wherever applicable, a User must provide his valid PAN so that Xogo Games can file TDS deducted accordingly.
- In the event that the PAN is not furnished by the User, we will be liable to deduct TDS at the rate of 31.2%, or at such prevailing rates that may otherwise be prescribed under applicable law. Furthermore, the User will not be allowed to credit/ withdraw any amounts to their account, unless such User has submitted their PAN with Xogo Games.
- In the event that the User provides erroneous, incorrect PAN details, the User will be deemed to have not provided their PAN at all. The value of TDS deducted will be irrespective of the mode of payment.
- TDS has to be paid within 24 hours. Kindly provide Xogo Games a time period of 15 working days to deliver your prize.
- To claim your winning product, if TDS as applicable (as per Section 194B read with Section 115BB of the Income Tax Act, 1961) on your winning, the winner gets 24 hours' time to pay TDS from the time of winning to claim their prize. If a user fails to pay TDS within 24 hours his/her winning will be considered as expired.
- Xogo Games, in the interests of clarity, performs an independent closing balance confirmation at the end of every year from its external wallet service providers. In the event that there exists a discrepancy between the accounts of the external wallet service providers and Xogo Games, Xogo Games, in its sole discretion and authority, will perform reasonable due diligence to ascertain the liability for the differences in the accounts.
- In respect of any transactions entered into on the Platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
- The pre-designated amount Users pay to participate in the Contest(s) is inclusive of the pre-designated Platform Fee (when applicable) charged by Xogo Games for access to the Services and the pre-determined participant’s contribution towards the prize money pool.
- Subject to these Terms, all amounts collected from the User are held, until the determination of the Winners and distribution of prizes. Xogo Games receives only its share of the Platform Fees, subject to applicability.
- The User may participate in a Contest wherein the User must contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per its terms and conditions. Xogo Games has no right or interest in this Prize Money Pool and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions. The amount paid in by the User towards the Prize Money Pool is debited from the User’s account balance.
- Users availing of the Services are provided with three categories of accounts for processing and reconciliation of payments: (i) ‘Unplayed’ Account, (ii) ‘Winnings’ Account, and (iii) ‘Bonus’ Account. Amounts available within these categories of Accounts may not be transferred to another category, or to any third-party Accounts.
- User's winnings can be credited in any wallet sub-section (Unplayed, Bonus, Winnings) in any proportion at Xogo Games’ sole discretion. Amounts remitted by Users through designated payment gateway are credited to a User’s Unplayed Account.
- Each time a User participates in any contest on the Xogo Games platform, the pre-designated amount is debited in the first instance, from the User’s Unplayed Account, and thereafter, any remaining amount is debited from the User’s Winning Account.
- In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Contest(s), the User is directed to the designated payment gateway to make such payment. In case any amount added by the User through such payment gateway exceeds the pre-designated amount, the such excess amount will be transferred to the User’s Unplayed Account and will be available for use in participation in any match(s) or Contest(s) or for withdrawal in accordance with these Terms.
- Debits from the Unplayed Account to enable a User’s participation in a Contest are made in order of the date of credit of amounts in the Unplayed Account, and accordingly amounts credited into the Unplayed Account earlier in time are debited first.
- A User is permitted to withdraw any amounts credited into such User's Unplayed Account for any reason whatsoever by contacting Xogo Games Customer Support. All amounts credited to a User's Unplayed Account must be utilized within 60 days of credit. If any unutilized amount lies in the Unplayed Account after the completion of 60 days from the date of credit of such amount, Xogo Games reserves the right to forfeit such unutilized amount, without liability or obligation to pay any compensation to the User. Users may compulsorily be required to provide valid photo identification and address proof documents for proof of identity and address in order for Xogo Games to process the withdrawal request. The name mentioned on the User's photo identification document should correspond with the name if provided by the User at the time of registration on the Platform or otherwise within the Profile section on the Platform, as well as the name and address existing in the records of the User's bank account as provided to Xogo Games. If no bank account has been registered by the User against such User's account with Xogo Games, or the User has not verified his/her User account with Xogo Games, to Xogo Games’ satisfaction, and in accordance with these Terms and Conditions, Xogo Games will provide such User with a notification to the User's email address as maintained in Xogo Games’ records at least 30 days prior to the requested date, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by the requested date, Xogo Games will be entitled to forfeit any amounts subject to transfer. Failure to provide Xogo Games with a valid bank account or valid identification documents (to Xogo Games’ satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause.
- Withdrawal of monies from the Unplayed Account, may, therefore, only be allowed subject to the following process - PAN submission, Aadhaar verification, geolocation verification (as no withdrawal can happen outside the country), the withdrawal bank being that of the same person as per the verified documents. Withdrawal will be subject to processing fees and applicable deductions. Furthermore, any bonuses that may have been given as offers would be forfeited or adjusted at the time of withdrawal. Additionally, withdrawals from the Unplayed Account will be subject to a processing fee charged of 30% of the amount intended to be withdrawn.
- Withdrawal of any amount standing to the User's credit in the Winnings Account may be made by way of a self-serve withdrawal request from within the Platform, but the amount will be forfeited upon completion of 60 days from the date of credit of such amount in the User's Winnings Account or upon completion of 60 days of inactivity, without liability or obligation to pay any compensation to the User. To facilitate withdrawals, Xogo Games may charge Users a processing fee at a rate determined by it in its sole discretion, which may vary for different Users. The applicable processing fee at the time of withdrawal is displayed on the withdrawal interface on the Platform at all times.
- Further, in order to conduct promotional activities, Xogo Games may gratuitously issue Bonus points (Called as Cash Bonus) to the User for the purpose of participation in any Contest(s) and no User will be permitted to transfer or request the transfer of any amount into the Cash Bonus. The usage of any points issued will be subject to the limitations and restrictions, including without limitation, restrictions as to the time within which such points must be used, as applied by Xogo Games and as may be notified to the User at the time of issue of such amount. The issue of any points to the user is subject to Xogo Games’ sole discretion and cannot be demanded by any User as a matter of right. The issue of any such amount by Xogo Games on any day will not entitle the user to demand the issuance of such amount at any subsequent period in time nor create an expectation of recurring issue of such amount by Xogo Games to such User. The Bonus points/Cash Bonus granted to the user may be used by such User for the purpose of setting off against the contribution to the prize pool in any Contest, in accordance with these Terms. Bonus points will not be withdrawable or transferrable to any other account of the User, including the User’s bank account, or of any other User or person, other than as part of the winnings of a User in any Contest(s). In case the User and/or Xogo Games terminates his/her account, all Bonus points granted to the User will return to Xogo Games and the User will not have any right or interest in such points.
- All Cash Bonuses credited to a User’s account will be valid for a period of 14 days from the date of credit. The Cash Bonus will lapse at the end of 14 days, and not reflect in a User account thereafter.
- Upon confirming a transaction on the Platform, Users are bound by and must make payment for that transaction.
- The User acknowledges that subject to the time taken for bank reconciliations and such other external dependencies that Xogo Games may have on third parties, transactions on the Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User's Unplayed Account or Winnings Account may take up to 24 hours to reflect in the User's Unplayed Account or Winnings Account balance. Similarly, the utilization of the Bonus points or amounts debited from the Unplayed Account or Winnings Account may take up to 24 hours to reflect in the User's Unplayed Account or Winnings Account balance. Users agree not to raise any complaint or claim against Xogo Games in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting of transaction amount into any of the User's accounts.
- A transaction, once confirmed, is final and no cancellation is permissible. Xogo Games may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions will also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions will prevail.
- The terms of the play of each game would be displayed, along with the fixed/ variable Winnings amount a User may win on participation and successful completion of a game, on the Platform. Such amounts will be decided by Xogo Games for each game separately. The User would be eligible to withdraw only to the extent of their Winnings (before that expires) and after submission of relevant documentation to Xogo Games.
- Invoicing: Xogo Games will issue an invoice for the Platform Fees charged (inclusive of applicable tax thereon) to the User. Invoices will be issued within a period of 30 days from the date of service. Invoices will be provided to Users within 15 days of them providing their verified email ids. For any grievance related to invoicing, Users may reach out to invoices[at]Xogogames. com. For the avoidance of doubt, if for any reason you are not able to access a copy of the invoices issued for your transactions, please reach out to us at invoices[at]Xogo Gamesgames.com, and we shall strive to respond to you within 15 working days of your request, with a copy of the same.
Standard Terms and Conditions of Promotions
- These standard terms and conditions of promotions govern participation in promotional activities on the Platform:
- The Promotions are only open to users in India. Participation in the Promotions by proxy is not permitted.
- Participation in the Promotions is voluntary.
- Participation in one Promotion does not guarantee that such a user will be eligible to participate in another Promotion.
- An existing User must not register a new account or operate more than the permissible number of accounts with Xogo Games, to participate in a Promotion.
- Users wanting to participate in a Promotion may be required to verify their mobile number and other account details in accordance with the terms applicable for such Promotion.
- Persons intending to participate in a Promotion, who have listed their phone numbers on the National Do Not Call Registry (“NDNC Registry”), will de-register themselves from the NDNC Registry till the completion of such Promotion (including the delivery of Bonus Amount (if any) or the free-entry (if any) under such Promotion). Such persons agree not to make any claim or raise any complaint whatsoever against Xogo Games in this respect. Please note that persons intending to participate in a Promotion who have not de-registered themselves from the NDNC Registry will also have no right to make any claim or raise any complaints against Xogo Games if they do or do not receive any call or SMS with respect to their participation and all other matters pertaining to a Promotion.
- The verification process may require you to submit personal information about yourself.
- Xogo Games may, at its sole and absolute discretion, disqualify any user from a Promotion if such user engages in or it is found that such user has engaged in any illegal, unlawful, or improper conduct (with regard to any of the Promotions or otherwise), and take further action as it may deem necessary in the circumstances.
- The Bonus Amount (if any) deposited into the User’s account can be used to join contests on Xogo Games, as per the allowable limits for such contests and/or games. Users may access such limits on the Platform. THE UNUSED BONUS AMOUNT (IF ANY) WILL EXPIRE AND BE WITHOUT EFFECT AT THE END OF FOURTEEN DAYS FROM THE DATE OF CREDIT OF THE BONUS AMOUNT (IF ANY).
- The deposit of the Bonus Amount (if applicable) or the grant of the free entry (if any) will be at Xogo Games’s sole discretion of Xogo Games, and will be subject to the user’s compliance with these Terms and applicable Promotion Terms. Xogo Games may substitute or change the Bonus Amount (if any) or free entry (if any) offered under a Promotion at any time without notice. Users may not substitute Bonus Amount (if any) or free entry (if any) for other items or exchange for cash.
- Xogo Games reserves the right to withhold or forfeit the benefits of a Promotion (including a free-entry or Bonus Amount due to a participant or any prizes/rewards earned by the participant by using such benefits) if it determines or reasonably believes that a User has violated these Terms, the applicable Promotion Terms, or other terms that may apply in respect of Xogo Games fantasy game(s). And Xogo Games may take further actions as it deems necessary in the circumstances.
- Mere participation in a Promotion does not entitle the participant to receive any free-entry or Bonus Amount(s) indicated as a prize under such Promotion.
- Xogo Games’ decision with respect to the Promotions and any privileges/benefits offered as part of such Promotions will be final and binding. No correspondence, objection, complaints, etc. may be entertained in this regard.
- A Promotion cannot be clubbed with any other contest/offer/promotion that is running simultaneously and organized or conducted by Xogo Games.
- Xogo Games does not make any commitment, express or implied, to respond to any feedback, suggestion, or, queries of the participants of the Promotions.
- Notwithstanding anything contained herein, the aggregate liability of Xogo Games to a participating user in relation to any Promotion for any reason whatsoever will not exceed Rs. 50.
- Standard Terms and Conditions of "Cashback Promotion"
- This “Cashback Promotion” may be open for participation to Users.
- No person will seek participation in the Promotion as a matter of right.
- THE UNUSED BONUS AMOUNT (IF ANY) WILL EXPIRE AND BE WITHOUT EFFECT AT THE END OF FOURTEEN DAYS FROM THE DATE OF CREDIT OF THE BONUS AMOUNT.
- Standard Terms and Conditions of the "Invite Friends" program. The Xogo Games Invite Friends Program lets you invite friends to join the Platform. In the event that you and your referred friend meet the criteria and complete all the steps specified in these terms, you and your friend may earn a Cash Bonus from Xogo Games of such predetermined amounts ("Bonus Amount"), which Bonus Amount will be redeemable to join Contests on the Platform. To participate in the Program, please note the following:
- Participation in the Program is voluntary. A user will not register or operate more than one user account with Xogo Games and will not participate in the Program with more than one user account with Xogo Games.
- For the purpose of participation in the Program, you are required to have the Xogo Games Application downloaded and installed on your mobile device. Through the Xogo Games Application, you will be provided with a unique link or code, which can be shared by you ("Inviter") with friends (each an "Invitee") for the purpose of inviting such friends to create and register an account with Xogo Games and download the Xogo Games Application. On receiving the link or code from the Inviter, the Invitee may either: (i) Click on the link, consequent to which such Invitee will be directed to a registration page and will be provided the option to register an account with Xogo Games and download and install the Xogo Games Application on his/her device; or (ii) download and install the Xogo Games Application on his/her device independently, register for a Xogo Games account through the Xogo Games Application and enter the unique code shared by the Inviter.
- The Inviter and the Invitee will be eligible to earn the Bonus Amount subject to (amongst other terms specified in these Terms): (i) the Invitee not being an existing user of Xogo Games, and (ii) the Invitee successfully registering for an account with Xogo Games through the unique link or by using the unique code shared by the Inviter; and (iii) the Inviter and Invitee verifying the Inviter’s and the Invitee’s respective mobile number as provided at the time of registration within thirty (30) days from the date on which Invitee registers for an account with Xogo Games ("Verification Period"). For the purposes of these Terms, an 'existing user of Xogo Games' will mean a user who presently operates an account with the Platform or operated an account with the Platform at any point in time.
- An Invitee who is an existing user of Xogo Games is not permitted to register a new account with the Platform for the purpose of availing of the Bonus Amount. Xogo Games will determine in its sole discretion whether an Invitee is an existing user of Xogo Games or not and take appropriate action. The verification of an Inviter/Invitee will be completed at the time of first withdrawal by the Inviter/Invitee from the Inviter’s/Invitee's 'Your Winnings' account or 'Your Deposits' account with the Platform. An Inviter/Invitee may voluntarily seek verification of the Inviter/Invitee by clicking on the 'Verify Now' tab of the Account Balance page of the Inviter/Invitee's account with the Platform. In the event that the Invitee opts to register for a Xogo Games account through the Xogo Games Application, the Invitee can verify his/her contact information at the time of registration.
- The deposit of the Bonus Amount will be at Xogo Games’ sole discretion and will be subject to the Inviter’s/Invitee’s compliance with these Terms. Xogo Games may substitute or change the Bonus Amount offered under the Program at any time without notice. An Inviter/Invitee may not substitute the amount of Bonus Amount or substitute offering for other items or exchange for cash.
- Xogo Games reserves the right to:
- Withhold the deposit of the Bonus Amount; and/or
- Forfeit any deposited Bonus Amount to an Inviter/Invitee or any prizes/winnings earned by the participant by using such Bonus Amount; and/or
- Credit the user's winnings amount in any contest in any wallet sub-section (Deposits, Bonus, Winnings) in any proportion at Xogo Games’s sole discretion
- Mere participation in the Program does not entitle the Inviter/Invitee to receive any Bonus Amount.
- Xogo Games may, at its sole and absolute discretion, disqualify any Inviter/Invitee if such Inviter/Invitee engages in or it is found that such Inviter/Invitee has engaged in any illegal, unlawful or improper conduct (with regard to the Program or otherwise).
- The decision of Xogo Games will be final and binding with regard to the Program, and the deposit of the Bonus Amount and no correspondence, objection, complaints, etc. Will be entertained in this regard.
- This Program cannot be clubbed with any other contests/promotions/programs that are running simultaneously and organized or conducted by Xogo Games.
- Xogo Games reserves the right to change/modify/or withdraw the Program and/or change these terms and conditions without any prior notice of the same at its sole discretion.
- The Terms and Conditions, as applicable to the Xogo Games’s fantasy games and services, will apply to and govern the Program.
Xogo Games does not make any commitment, express or implied, to respond to any feedback, suggestion, or, queries of the participants (Inviter/Invitee) of the Program.
Limitation of Liability.
- To the maximum extent permitted in law, the access to and use of the Services or any content is at the user’s own risk. Users understand and agree that the Services are provided on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Xogo Games disclaims all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement. Xogo Games makes no warranty and disclaim all responsibility and liability for (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any content; (ii) any harm to Users’ computer system or mobile device operating system, loss of data, or other harm that results from access to or use of the Services or any content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet Users requirements or be available on an uninterrupted, secure, or error-free basis; and, (v) whether jointly or severally, for any errors or omissions, on behalf of itself or third parties in relation to the prizes., will create any warranty not expressly made herein.
- To the maximum extent permitted by applicable law, Xogo Games will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) the access to, use of, or inability to access to or use the services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other Users or third parties; (iii) any Content obtained from the Services; or (iv) unauthorized access, use or alteration of Content; or (v) any natural calamities.
- In no event will the aggregate liability of Xogo Games exceed the total amount that such User has paid to Xogo Games in the six-month period ending on the date of the claim or to a maximum of One Thousand Indian Rupees (Rs. 1000), whichever is lower. The limitations will apply to any theory of liability whether based on warranty, contract, statute, tort (including negligence), or otherwise, and whether or not Xogo Games has been informed of the possibility of any such damage and even if a remedy set forth herein is found to have failed its essential purpose.
- Users will be solely responsible for any consequences which may arise due to their access to Xogo Games’ Services by conducting an illegal act or due to non-conformity with these Terms and other rules and regulations in relation to the Services, including the provision of incorrect address or other personal details. Users also undertake to indemnify Xogo Games and their respective officers, directors, employees, and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) On full indemnity basis for any loss/damage suffered by Xogo Games on account of such activity on the part of the Users.
- Users will indemnify, defend, and hold Xogo Games harmless from any third party/entity/organization claims arising from or related to such User's engagement with the Xogo Games or participation in any Contest. In no event will Xogo Games be liable to any User for acts or omissions arising out of or related to the User's engagement with the Xogo Games or his/her participation in any Contest(s).
- The failure of Xogo Games to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain to be in full force and effect.
- These Terms will be governed by and construed in accordance with the laws of the Republic of India. It is further agreed and acknowledged by the Users, that their ability to access the Services will further be dependent upon the specific rules, laws, and regulations of their state of residence.
- All claims, legal proceedings or litigation arising in connection with the Services will be brought solely before the courts of New Delhi. Users consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Grievance Redressal Mechanism
- We maintain a 3-tiered grievance redressal mechanism for resolving any queries, concerns, or disputes with our users.
- Level 1: We offer a user-friendly automated support system within the Platform. Users may ask queries in relation to every transaction they perform on the Platform (whether it concerns any Unplayed, Bonus, or Winning amounts, related withdrawals, and/or credits/debits). Our in-Platform system is robust. We acknowledge users’ complaints shortly after receipt and attempt to resolve them within 24 to 48 hours of receiving such complaints.
- Level 2: If users are dissatisfied with our in-Platform system and are unable to resolve their complaint, we allow them the option to speak with our dedicated Customer Support Team, through the Platform. This Team, in turn, makes its best efforts to promptly and effectively resolve users’ complaints, and in any event, within 24 to 48 hours of receiving such complaints.
- Level 3: If a user is unable to resolve their complaint despite attempting the above grievance resolution channels, or have any any complaints or grievances pertaining to: (i) Any user content that you believe violates these Terms for the reporting mechanism for such claims), (ii) your access to the Services provided by Xogo Games or (iii) any Content which you believe is, prima facie, in the nature of any material which is obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force or defamatory towards the complainant or any person on whose behalf you are making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, we expect the user to please share the same with us by writing to grievanceofficer[at]Xogo Gamesgames.com ;
As we believe in smooth and quick resolution of issues that you may face, we will request you to follow this escalation chart, for quick disposal of grievances and early redressal.
In your complaint or grievance, please include the following information, as appropriate:
- Your name and contact details: name, address, contact number and email address;
- Your relation to the subject matter of the complaint, i.e. Complainant or person acting on behalf of an affected person;
- The name and age of the person aggrieved or affected by the subject matter of the complaint, in case you are acting on behalf of such person and a statement, under penalty of perjury, that you are authorized to act on behalf of such person and to provide such person's personal information to us in relation to the complaint/grievance.
- Description of the complaint or grievance with clear identification of the Content in relation to which such complaint or grievance is made;
- A statement that you believe, in good faith, that the Content violates these Terms
- A statement that the information provided in the complaint or grievance is accurate.
- On receiving such a complaint, grievance, or notice, Xogo Games reserves the right to investigate and/or take such action as Xogo Games may deem appropriate. Xogo Games may reach out to you to seek further clarification or assistance with the investigation or verify the statements made in your complaint, grievance, or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same. If you have any complaint, grievance, or notice you would like redressed, you may contact the Grievance Redressal Officer at:
The Grievance Redressal Officer,
Xogo Games Games Private Limited (formerly Tictok Skill Games Private Limited)
Email: grievanceofficer[at]Xogo Gamesgames.com
Office Hours: 10 am to 7 pm
- The Grievance Officer identified above is pursuant to the provisions of applicable laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the Rules enacted under those laws
- Xogo Games reserves the right to replace the Grievance Redressal Officer at its discretion, through publication on its website, and such replacement will come into effect immediately upon publication.