By accessing or using the Platform (defined below) You agree to be bound by these Terms.
Your agreement with us includes these Terms, the Privacy Policy available at
https://acharyashri.com/PrivacyPolicy.aspx
IF YOU DO NOT AGREE WITH THESE TERMS, THEN PLEASE REFRAIN FROM
USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU
IRREVOCABLY ACCEPT THE AGREEMENT AND AGREE TO ABIDE BY THE
SAME (AS UPDATED FROM TIME TO TIME).
1. DEFINITIONS
1.1. “Coins” or "Coin" is a type of currency to be used to play games.
"Coins" or "Coin" once purchased, cannot be refunded.
1.2 "Round" is number of chances a user can play in the Games.
1.3. “Player” is a User (defined below) who meets the Player Eligibility Criteria as
detailed in Clause 5.1 (below) and participates in Games that are
hosted by AcharyaShriGames on their platform.
1.4. “Deposits” is the amount added by the Player to his / her Account on the Platform
through his / her e-wallet / net bank / debit card / credit card. The Deposit conversion
ratio is INR 1/- (Rupees One Only) = 1 (one) Deposit. AcharyaShriGames may at
its sole discretion, on performance of identified tasks and activities on the
Platform, provide Player Deposits in the form of awards. Deposits are disallowed in
case of fraudulent activities or accessing AchayaShriGames from a platform which
is not the authorized Mobile or Web Application.
1.5. “Games” shall mean the HTML5 games that are licensed / bought / owned / developed
by AcharyaShriGames and made available to Users on the Platform.
1.6. “Personal Information” means any information that relates to a natural person, which,
either directly or indirectly, in combination with other information available or likely to be
available with a body corporate, is capable of identifying such person.
1.7. “Platform” means the website available at https://www.acharyashri.com/ and any subdomains
(“Websites”) and all AcharyaShriGames mobile applications (“Applications”).
1.8. “User(s)”, “You”, “Your”, or “Yourself” refers to any person who meets the User
Eligibility Criteria as detailed in Clause 3 (below). For clarity, a User becomes a Player
when he / she meets with the Player Eligibility Criteria as detailed in Clause 5.1 (below)
and creates a Player Account.
1.9. “Winnings” is an award, subject to the Rules (defined below) of the relevant Game, given
to a Player for being one of the top scorers in a particular Game.
2. PARTIES TO THE AGREEMENT
These Terms describe a contractual agreement between the User of the Platform and AcharyaShriGames
regarding the User’s use of the Platform. AcharyaShriGames has the right to refuse access in its sole
discretion for any or no reason. Without limiting the foregoing, the User specifically
acknowledges that AcharyaShriGames reserves the right to terminate or limit the User’s access to the
Platform if AcharyaShriGames determines, in its sole discretion, that the User has violated the
Agreement, Rules, or any other guideline by AcharyaShriGames, as maybe updated from time to time,
including any activities that adversely affect the experience of other Users.
3. USER ELIGIBILITY CRITERIA
3.1. You must be at least 18 years of age to access and use the AcharyaShriGames Platform;
3.2. You must agree to be bound by these Terms; and
3.3. You must be a resident of India
If You do not meet any or all of these criteria, please DO NOT use the AcharyaShriGames Platform
4. GENERAL DISCLAIMERS
4.1. By use of the Platform, You agree that You meet with the Eligibility Criteria as detailed in
Clause 3 (above) and that You are fully able and competent to understand and accept this
Agreement as a binding contract and to abide by these Terms.
4.2. You shall not access the Platform by any other means other than through the interfaces that
are provided by AcharyaShriGames.
4.3. You shall not acquire, copy, or monitor any portion of the Platform in any way to reproduce or
circumvent the navigational structure or presentation of the Platform, to obtain or attempt to
obtain any materials, documents, or information through any means not specifically made
available through the Platform.
4.4. You shall not falsify or delete any author attributions, legal or other notices, proprietary
designations, labels of the origin or source of software, or other material on the Platform.
4.5. You shall not host, display, upload, modify, publish, or share any information on the Platform
that:
4.5.1 belongs to another person to which You do not have any right to; or
4.5.2 is harmful, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous,
invasive of another’s privacy, hateful, racially objectionable, disparaging, relating to
encouraging money laundering or gambling or otherwise unlawful in any manner; or
4.5.3 engages in any activity that interferes with or disrupts access to the Platform or
AcharyaShriGames servers / networks.
4.6. AcharyaShriGames shall not be liable for any misuse of the Personal
Information shared by You with Us; or through Your profile; or with a third party on the
Platform, chat rooms, forums, or comments.
4.7. AcharyaShriGames reserves the right to change these Terms from time to time, and such changes will
be applicable to You if You continue to use the Platform at any time after such changes are
posted on the Platform. Where We believe that any changes are material, We will notify You
through either an in-app notification, or SMS, or push notifications, or email. Regardless of
whether You receive such notice, the changes will be effective, from the time such changes are
published on this page. We recommend that you visit this page periodically to be sure You are
aware of the most recent Terms.
4.8. You expressly authorize AcharyaShriGames to send service-related transactional SMS messages and to
telephonically contact You (and consent to receive such messages and telephonic calls). This
would also apply when Your number is listed as Do Not Disturb (DND), under appropriate
guidelines, with the Telecom Regulatory Authority of India (TRAI) and / or the telecom
operator providing its services to You.
4.9. If You do not agree to these Terms, do not use the Platform, and if You do not wish to agree to
any changes to these Terms, please cease using the Platform.
5. Games TERMS AND CONDITIONS
AcharyaShriGames may organize Games on the Platform, and to participate in such Games, the
Users need to be in compliance with these Terms, this Clause 5, Rules (defined below) and any
additional criteria shared on the Platform.
The following terms and conditions govern the Players’s participation in the Gamess
hosted by AcharyaShriGames on its Platform. Each Games may have its own set of rules (“Rules”) and
in the event of any conflict between these Terms and the Rules of the relevant Games, the
Rules of the relevant Games shall prevail.
5.1. PLAYER ELIGIBILITY CRITERIA
You need to fulfil each of the following eligibility criterion to participate in a Games:
a. You must be at least 18 years of age or above to participate in any Games;
b. You must be an individual, legal resident of the Republic ofIndia, residing anywhere
in India except the States of Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim,
Tamil Nadu, and Telangana (“States with Limitation”);
c. You should have a valid billing address within the territory of India, other than in the
States with Limitation;
d. You are not restricted by limited capacity;
e. You are not a compulsive player;
f. You are not depositing money originating from crime and / or illegal / unauthorized
activities into Your Account (defined below); and
g. You are not using Your Account (defined below) to conduct any criminal / illegal
activities.
5.2. PLAYER ACCOUNT
5.2.1. To login on the website, You must provide Your mobile phone number.
Upon You successfully providing the
mobile phone number, an account will be created for You (“Account”). Your Account is
for Your personal use only. You may not impersonate anyone else. Each time You log into
the Account with Your registered mobile phone number, You
confirm the acceptance of these Terms. Further, You shall not assign Your rights and
responsibilities pursuant to the Agreement to any third party.
5.2.2. By registering for an Account, You represent, warrant, and agree that:
a. You meet with the Player Eligibility Criteria as detailed in Clause 5.1 (above);
b. You are using Your legal name, legally valid identification, and mobile phone number
registered in Your own name;
c. You will provide only true, accurate, current, and complete information about
Yourself on the Platform; and
d. You will maintain and promptly update the information that You provide on the
Platform to keep it true, accurate, current, and complete.
5.2.3. In the course of Your use of the Platform, You may be asked to provide certain Personal
Information to AcharyaShriGames. AcharyaShriGames’s information collection and use policies are set
forth in the Privacy Policy available at https://acharyashri.com/privacypolicy.html.
5.2.4. You further agree that You will be solely responsible for managing and updating Your
information on the Account and for the security of Your Account.
5.2.5. You also agree that You will be solely responsible for any activities conducted on or
through Your Account regardless of whether or not You are the individual who
undertakes such activities. This includes any unauthorized access and / or use of Your
Account.
5.2.6. AcharyaShriGames reserves the right to deny or revoke Your access to the Platform, or deactivate
Your Account completely, or any part thereof, at any time in its sole discretion, with or
without cause.
5.2.7. If You wish to discontinue using Your Account, or if You become aware of any loss, theft,
or unauthorized use of Your Account, please notify AcharyaShriGames immediately by sending an
e-mail to
[email protected]
5.2.8. You release and hold harmless AcharyaShriGames from any and all claims and causes of action
arising out of or resulting from a third party’s unauthorized access or use of Your
Account.
If You are dissatisfied with the Platform, Your sole remedy is to discontinue using the
Platform.
5.3. Games DISCLAIMERS
THE USER MUST MEET WITH THE ELIGIBILITY CRITERIA AS DETAILED IN
CLAUSE 5.1. THE GAMES ARE BASED ON SKILL AND NOT CHANCE.
ONLY INDIAN CITIZENS, RESIDING IN INDIA EXCEPT IN THE STATES
WITH LIMITATIONS ARE ELIGIBLE TO PARTICIPATE IN THE GAMES.
IF YOU ARE NOT RESIDING IN THE TERRITORY OF INDIA OR YOU ARE
RESIDING IN THE STATES WITH LIMITATIONS PLEASE DO NOT SIGN UP
FOR THE Games.
ANY UNAPPLIED AMOUNT RECEIVED BY ACHARYASHRIGAMES AS DEPOSITS SHALL BE
REFUNDABLE AS PROVIDED IN CLAUSE 6.3.
THE PLAYERS MAY USE THE BALANCE IN THEIR ACHARYASHRIGAMES ACCOUNT TO
ENTER THE Games RUNNING ON THE PLATFORM, WHERE THE
MAXIMUM PARTICIPATION LIMIT HAS NOT BEEN REACHED.
PLAYERS REQUIRING INFORMATION ON TAX OR LEGAL ISSUES
ARE RECOMMENDED TO CONTACT A TAX ADVISOR OR THE RELEVANT
AUTHORITIES IN INDIA.
5.4. CHARGES
5.4.1. The Player shall be solely responsible and liable for all charges that Banks/Wallet Companies may
debit for the transfer of monies between the Players’s Bank/wallet and the
Platform (“Transaction Charges”)
5.5. WINNINGS, DEPOSITS, AND TOKENS
5.5.1. Purchase – Players may purchase Deposit via Payment Gateway provided on the AcharyaShriGames platform.
Deposits are non-refundable and non-transferrable. Withdrawal will not be allowed on deposits. A Player must use the
Deposits to buy Rounds for any ongoing Games.
5.5.4. Withdrawal – Only Winnings alone may be withdrawn by
the Player from his / her Account to his / her preffered mode of payment, like IMPS, NEFT or UPI.
5.5.5. Expiry – Deposits and Winnings may be expired after 1 year of inactivity on platform.
5.6. PLAYER OBLIGATIONS
Player shall:
5.6.1. Personally perform all actions in regard to the Account and all payments to the
Account shall be made solely for the benefit of the Player;
5.6.2. Ensure that he / she is compliant with the terms of any third-party service provider
facilitating the payments;
5.6.3. Not be entitled to Winnings and/or Deposits obtained through cheating or other breaches
of the relevant Games Rules on the Platform, the Agreement, criminal activities, the
manipulation of the gaming system, or by any other inappropriate means
(“Cheating”);
5.6.4. Not pledge the Deposits or Winnings in the Player’s Account;
5.6.5. Be solely liable for all direct taxes under applicable and statutory laws, in connection
with the encashment of Winnings by the Player. The reward may be subject to
withholding taxes and / or other levies, cess, etc. as per applicable law.
5.7. ACHARYASHRIGAMES’S RIGHTS
AcharyaShriGames shall:
5.7.1. Reserve the right to change the accepted method of adding or withdrawing
Deposits at its sole discretion;
5.7.2. Not warrant that the method of payment is available at all times;
5.7.3. Monitor all accounts and / or money transactions to prevent money laundering
activities. Any suspicious activity may be reported to the relevant authorities;
5.7.4. Reserve the right to verify the entitlement of the Player and, in case of doubt,
may withhold the payment of the Winnings;
5.7.5. Not be liable to pay any interest on any balance amounts of Deposits and/or Winnings held in
Player’s Account on the Platform for any period of time;
5.7.6. Accept a minimum Deposit amount of INR 1/- (Rupees One only). AcharyaShriGames reserves
the right to amend the limit or arrange for additional and repeated examinations on
Deposits at its sole discretion;
5.7.7. Reserve the right to: (i) limit Player’s participation in the Games; and/or (ii)
withhold any Deposits and/or Winnings in the Player’s Account for a time period decided by
AcharyaShriGames if such Player is suspected of Cheating; and
5.7.8. Not be responsible for any damages that could occur as a direct or indirect result of a
delay or inability to facilitate addition or withdrawal of the Winnings.
5.8. TERMINATION / SUSPENSION OF THE PLAYER ACCOUNT BY THE
PLAYER
The Player may at his / her will terminate or suspend his / her Account by sending an
email to
[email protected]. All Deposits and/or Winnings in such terminated Account shall stand forfeited
by the Player unless the Player is able to withdraw the Winnings in accordance with
these Terms.
In the event of suspension of an Account, the Deposits and/or Winnings shall be frozen and held in the
Account for a period of 6 (six) months. If the Player fails to reactivate his / her account
within the stipulated timeline, the Deposits and/or Winnings in his/her Account shall be deemed forfeited.
5.9. Games ENTRY RECEIPTS
AcharyaShriGames does not issue receipts for any Deposits used to participate in the Games. All
Deposits are accounted within the Player’s Account on the Platform. It is the
responsibility of the Player to ensure that the entries are accurate. The Player may
report any inaccuracies to
[email protected].
5.11. COMPLAINTS
If any Player does not receive Winnings in spite of being one of the winners in
accordance with the Rules of the relevant Games, or if a Player’s request to encash
Winnings to his / her bank/wallet fails, such Player is required to write an email to
[email protected] within 30 (thirty) days from the date on which such Winnings were due
to be credited in the Player’s Account or encashed to the Player’s bank/wallet.
Failure to report the same within the stipulated timeline shall result in the Player losing
his / her claim and forfeiting of such Winnings.
6. LIMITATIONS ON PLAYERS
6.1. GENERAL
Player undertakes to always follow the applicable Rules of the Games. Any breach of the
Rules or the Terms will automatically mean that the Player’s entry to the Games is void
and the Player will lose his / her entitlement to the Winnings from any such
entry.
AcharyaShriGames reserves the right to declare a Games void at any time.
If the Player discovers a bug or any other error in the system, he / she must immediately
log out from the Platform and write an email to
[email protected]. The Player shall not
be entitled to any awards or Winnings as a result of a bug or error in the Platform.
6.2. INVALID ENTRIES AND FORBIDDEN BEHAVIOUR
6.2.1. Any use, or attempted use, of external gaming assistance programs, bots and software
assistance with the purpose of giving the Player an unfair advantage is forbidden
behavior, which will qualify as Cheating, and could result in the permanent suspension
of the Player’s Account.
6.2.2. AcharyaShriGames reserves the right to declare the entry of a Player void should it become
evident that:
a) it has been accepted on the grounds of an error; or
b) the Player or third parties acting in cooperation with the Player jointly
intend to evade the Agreement; or
c) the Player or other party acting in cooperation with the Player may
directly or indirectly influence the end result and / or the outcome of a Games.
6.3. REFUND
Deposits added by the Players are non refundable.
For any claims of refund the Player can only apply through
an email addressed to
[email protected] from where it can be taken on case to case basis and
on the sole discretion of AcharyaShriGames.
6.4. NO REPRESENTATIONS OF WARRANTIES
User not limiting his/her statutory rights, expressly acknowledges and agrees to the following:
a) The Player is participating in the Games at his or her own risk;
b) The Platform is provided “as is”. AcharyaShriGames expressly disclaims all express or implied
representations or warranties;
c) There may be delays in AcharyaShriGames’s network and systems; and
d) AcharyaShriGames reserves the right to publish or not publish the result of any / all Games
7. NO GUARANTEES
Among other things, AcharyaShriGames does not guarantee that:
a) The Platform will meet the User’s expectations; or
b) The Platform will be accessible without interruption or in a timely, reliable, or faultfree manner; or
c) The results obtained through use of the Platform will be correct and reliable; or
d) The quality of the products, services, information, or other material purchased or
obtained by the User through the Platform will meet the User’s expectations.
The User shall be solely responsible for damages to his or her data system or for loss of data
arising from download of content from the Platform.
No guidance or information, written or oral, obtained from AcharyaShriGames or via the Platform, shall
constitute any warranty, which has not specifically been stated in these Terms.
8. LIMITATION OF LIABILITY
User specifically acknowledges and agrees that in no event shall AcharyaShriGames be liable for any
direct or indirect damages, including but not limited to, delay, damages caused by unused
opportunity on the Platform, loss of profits, goodwill, data, or other financial loss arising out
of:
a) The use of the Platform or inability to use the Platform; or
b) Costs arising from acquiring a replacement of any product or service that is based on
any item, data, information, or service purchased through the Platform; or
c) Any message received through the Platform; or
d) Any transactions made by means of the Platform; or
e) Third party claims against the User; or
f) Unlawful access to or modifications of data transmissions; or
g) Any other circumstances related to the Platform.
AcharyaShriGames exempts itself from any claims for damages relating to the Platform access, function,
quality, possible errors such as spelling errors, bugs, and other factors relating to the Platform.
AcharyaShriGames shall not be liable for any indirect or unforeseeable damages caused to the Users
under any given circumstances.
9. FORCE MAJEURE
AcharyaShriGames shall not be liable for any damages whatsoever arising out of force majeure or other
similar circumstances, directly or indirectly affecting AcharyaShriGames and / or the Platform.
Examples of force majeure events are real or potential labour disputes, governmental actions,
war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion,
earthquake, provisions or limitations of materials or resources, inability to obtain the relevant
authorization, accident, and defect in electricity or telecommunication network. Force majeure
or other events beyond AcharyaShriGames’s control hindering, delaying or complicating the
maintenance of the Platform entitles the AcharyaShriGames to suspend or limit the Platform until
further notice.
10. INTELLECTUAL PROPERTY RIGHTS
All reproduction or distribution of any material on the Platform, including but not limited to
text, photographs, movies, music and software programs is strictly prohibited, unless explicitly
stated otherwise. AcharyaShriGames reserves any and all rights not expressly granted herein.
AcharyaShriGames’s trade name, logotype, and all related trademarks, product and / or service names
and slogans used on the Platform are the property of AcharyaShriGames and may not be used in any
way without the prior written approval of AcharyaShriGames. User’s use of the Platform shall not be
construed as the grant of any license or right to use any trademarks or names appearing on the
Platform.
11. ADVERTISEMENTS
AcharyaShriGames may include or offer third-party products on the Platform through digital
advertisements, whether fetched directly from advertisers or sourced from ad networks.
AcharyaShriGames shall not be liable for any privacy practices or the content shared by the business
partners, advertisers, sponsors, or other mobile applications and websites to which AcharyaShriGames
provides links on the Platform.
The Users shall be responsible for checking the privacy policy and terms of use of such
thirdparties before exploring their mobile applications and websites to safeguard their interests.
12. TERM AND TERMINATION
12.1. Term: This Agreement is valid until further notice.
12.2. Termination: Players whose Accounts have been suspended / terminated on
the basis of the reasons cited below, will not be entitled to participate in any Games
until AcharyaShriGames at its sole discretion lifts such suspension / termination. Suspension
can occur in relation to the entire Platform or certain sections of the Platform.
12.2.1. AcharyaShriGames may at its sole discretion and without prior notice, suspend /
terminate the Player’s access to the Platform if he / she violates or
attempts to violate the security of the Platform including, without limitation:
a) Cheating, as defined under Section 5.6.3 and mentioned under Section 6.2.1.
b) Accessing data not intended for the User or logging on to a server or Player
Account the User is not authorised to use; or
c) Attempting to probe, scan, or test the vulnerability of the system or network or
to breach security or authentication measures without authentication; or
d) Accessing or using the Platform without authorisation, in violation of these
Terms or in violation of applicable law; or
e) Using any service that blocks or hinders any kind of advertising on the Platform.
VIOLATIONS OF SYSTEM OR NETWORK SECURITY MAY RESULT IN CIVIL OR
CRIMINAL LIABILITY. ACHARYASHRIGAMES WILL INVESTIGATE OCCURRENCES THAT
MAY INVOLVE SUCH VIOLATIONS AND COOPERATE WITH LAW
ENFORCEMENT AUTHORITIES IN PROSECUTING USERS WHO ARE
INVOLVED IN SUCH VIOLATIONS. YOU AGREE NOT TO USE ANY DEVICE,
SOFTWARE, OR ROUTINE TO INTERFERE OR ATTEMPT TO INTERFEREWITH
THE PROPER WORKING OF THIS PLATFORM, THE GAMES AND Games ON
THIS PLATFORM, OR ANY ACTIVITY BEING CONDUCTED ON THIS PLATFORM.
12.2.2. AcharyaShriGames may at its sole discretion and without prior notice, suspend or terminate
the Player’s Account under the following circumstances:
a) Cheating, as defined under Section 5.6.3 and mentioned under Section 6.2.1.
b) The Player violates any or all terms of this Agreement or instructions on
the Platform;
c) The Player shares false information at the time of signing up for the
Platform;
d) AcharyaShriGames has reason to suspect a crime, misuse, fraud, or attempt of such in
relation to use of the Platform;
e) The Player obtains Winnings through Cheating or other breaches of the
Rules on the Platform or these Terms, criminal activities, the manipulation of
the gaming system, or by any other inappropriate means.
f) No transactions have been registered in the Player Account for a period of
12 (twelve) months;
g) AcharyaShriGames considers it to be necessary for safety reasons or AcharyaShriGames’s
reputation; or
h) AcharyaShriGames is forced to do so pursuant to legislation or ruling of a competent
authority.
13. INDEMNITY
13.1. The Users shall indemnify, defend, and hold harmless AcharyaShriGames and its affiliates, if
any, from and against any and all losses, liabilities, claims, suits, proceedings,
penalties, interests, damages, demands, costs, and expenses (including legal and
statutory fees and disbursements in connection therewith and interest chargeable
thereon) asserted against or incurred by AcharyaShriGames that arise out of, result from, or in
connection with:
a) The User’s breach of these Terms;
b) Any claims made by any third party due to, or arising out of, or in connection with
a User’s use of AcharyaShriGames Platform, a Player’s participation in a Games on the
Platform, or a Player’s winning / claiming the reward of such Games;
c) The User’s violation of any rights of another, including intellectual property rights;
and
d) The User’s violation of any applicable laws.
Not withstanding anything to the contrary in these Terms, in no event shall AcharyaShriGames
and its affiliates, if any, be liable to the User or anyone claiming through the User in
respect of any subject matter of these Terms or Games(s) under contract, negligence,
strict liability or other legal or equitable theory for any special, incidental, indirect,
consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of
opportunity, loss of anticipated profits, whatsoever, including those resulting from loss
of use, data or profits, whether or not foreseeable or whether or not AcharyaShriGames has been
advised of the possibility of such damages, or based on any theory of liability, including
breach of contract or warranty or negligence or any other claim arising out of or in
connection with the use of or access of the Platform.
14. APPLICABLE LAW AND JURISDICTION
These Terms shall be governed by the laws of India.
You agree that AcharyaShriGames is solely based in India, and nothing shall give rise to personal
jurisdiction over AcharyaShriGames in jurisdictions other than Lucknow, Uttar Pradesh,India, and You shall not raise
any claims against AcaryaShriGames in any court or forum in any jurisdiction other than Lucknow, Uttar Pradesh,
India.
Any claim or dispute between the Player and AcharyaShriGames will be entertained and tried solely
and exclusively by a court of competent jurisdiction located in Lucknow, Uttar Pradesh, India, and no other
place whatsoever.
15. LEGAL ASPECTS
AcharyaShriGames only offers cash Games in Games of Skills (defined below). AcharyaShriGames does not
support, endorse or offer to Players ‘games of chance’ for money.
Participating in Games of Skill competitions for cash prizes is legal in all states of India except
Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim, Tamil Nadu, and Telangana.
16. SEVERABILITY
If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion
thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible
so as to give effect to the intent of the parties as reflected by that provision. The remainder of
the Terms shall continue in full force and effect.
17. WAIVER
No provision of the Agreement shall be deemed to be waived and no breach excused, unless
such waiver or consent shall be in writing and signed by AcharyaShriGames. Any consent by AcharyaShriGames
to, or a waiver by AcharyaShriGames of any breach by the User, whether expressed or implied, shall not
constitute consent to, waiver of, or excuse for any other different or subsequent breach.
18. GAMES OF SKILL
A Game of Skill is a game where the outcome is determined mainly by mental or physical skill
rather than by chance. AcharyaShriGames does not support, endorse or offer to Players ‘games of
chance’ for money.
It is the dominant element of skill or chance which determines the character of the game.The
outcome or success in the Games hosted on AcharyaShriGames platform is directly dependent on the
Player’s effort, performance and skill. Players’s skill and knowledge of the Games
may be enhanced with practice. Additionally, Players on the Platform have Rules and
Players are encouraged to read, understand, and follow them.
Different Games will reward different skills, but each Games will reward one or more skills,
viz., knowledge of the game, familiarity with Rules, practice, hand-eye coordination, etc.
The two main enactments dealing with gaming in India, are the pre-Independence Public
Gambling Act, 1867 (“PGA”) and the Prize Competitions Act, 1955 (“PCA”) and both create
a specific exception for Games of Skill.
With respect to the PCA’s regulatory ambit, in the case of R. M. D. Chamarbaugwalla v. Union
of India, the Supreme Court held that the only competitions that are sought to be controlled
and regulated by the PCA are those in which success does not depend to any substantial degree
of skill. Therefore, it ruled that games that are predominantly based on skill are excluded from
the regulatory purview and penalising terms of the PCA. This position was reiterated in the
case of News Television India Ltd. v. Ashok D. Waghmare where the Bombay High Court
found the programme ‘Kaun Banega Crorepati’ to be based around a game of skill and not in
violation of the PCA as it essentially required a participant to utilise his / her general
knowledge and memory to provide answers to questions on various topics such as history,
geography, sport, music, politics, cinema, science and technology, etc