General Terms and Conditions of First Games Technology Private Limited

Contracting Parties; Acceptance. These Terms of Access (hereinafter referred to as the “Agreement” or “Terms of Access”) constitute a binding agreement between you ("User", "you" or "your") and First Games Technology Private Limited, a private limited company existing in accordance with the provisions of the Companies Act, 2013 and having its registered office at 136, 1st Floor, Devika Tower, Nehru Place, New Delhi, India, 110 019 ("First Games" or “FG” or "Company"). These Terms of Access govern your access to and use of the First Games online business which can be accessed via First Games website named https://firstgames.in/ or at First Games mobile application on android stores and such other locations as uploaded by First Games for you ( “Platform”)..

For avoidance of doubt, First Games hosts an online marketplace ("First Games Marketplace") on the Paytm website and/or application operated by Paytm ("Paytm Platform") which can be accessed via the First Games Platform or through the Paytm Platform and in addition to the Terms of Access provided below, your terms of access to the offerings on the First Games Marketplace will be governed by the terms of use posted therein. In the event of any conflict, the terms posted on the First Games Marketplace will prevail.

The Platform facilitates users to:

1.       play online social games which does not involve staking of money or other stakes or participation with the expectation of winning by way of monetary gain in return of money or other stakes and is offered solely for entertainment, recreation or skill-development purposes;
2.       discover, and purchase gift vouchers and coupons (collectively, "Coupon(s)") listed by third-party sellers / issuers / merchants / brands ("Coupon Partner(s)") on the First Games Marketplace on the Paytm Platform, with First Games acting solely as a facilitator and intermediary between you and such Coupon Partner(s); and
3.       discover digital gold offerings or other service offerings on Paytm Platform (“Digital Gold”) listed by third-party sellers / issuers / merchants / brands ("DG Partner(s)").

(hereinafter collectively referred to as “First Games Offerings”)

Please read the following Terms of Access carefully before registering on, accessing, browsing, downloading or using the Platform on any device and before availing any services offered on the Platform. By registering, creating an account, accessing, browsing, downloading and/ or using any portion of the Platform or First Games Marketplace on the Paytm Platform and purchasing any First Game Offerings, You acknowledge that you have read, understood, and agree to be bound by these Terms of Access, and all additional terms, policies, and guidelines referenced herein, each as may be amended from time to time as described under these Terms of Access. If you do not agree to these Terms of Access, do not access or use the Platform or the First Games Marketplace on the Paytm Platform.

FG expressly clarifies that First Games Offerings do not involve or permit any form of real-money gaming, betting, wagering, or gambling. All games and features offered as part of the First Games Offerings are strictly for casual entertainment, recreation, skill-development and social interaction purposes only. However, in the event any existing or past customer requires information or clarification with respect to their previous participation in real-money games (including but not limited to queries relating to past deposits, winnings, or withdrawals), such customer may refer to our earlier Real Money Gaming Terms and Conditions, available at https://firstgames.in/archive/terms-and-conditions (“Legacy Terms”). These Legacy Terms are provided strictly for customer support and reference purposes only and shall not be construed as FG offering any real-money gaming activities through the Platform.

These Terms of Access and all supplemental terms, as amended from time to time, govern your use of any First Games Offerings or Platform account to access, install or play offerings allowed by First Games or any of its subsidiaries, affiliates and technology partners on personal computers, laptops, tablets and/or mobile devices.

1.                    You should be at least 18 years of age and an individual user of the Platform. You agree that these Terms of Access constitute an agreement  between You and FG and if additional terms and/or agreements apply to the First Games service(s) used by You, those additional terms and/or agreements shall govern on your use of First Games Offerings as well. By accessing and using the Platform and / or the First Games Offerings and / or any part thereof, you represent and warrant that you are using our services as a hobby and private use only and not for any business purposes. By accessing the Platform, You agree that:
   1.          The outcome of the User’s participation in the games does not materially affect the financial standing of the User;
   2.         You will not use the Platform for the purpose of wagering/gambling;
   3.          You would use your skills on a best effort basis to conduct the gameplay; and
   4.         It is your responsibility to ensure that your equipment meets the technical requirements you need to access the Platform in its optimal experience. We are not responsible for any harm or loss caused by inadequacy of or lapses in your equipment standards and functionality.
2.                    These Terms of Access, as well as FG Privacy Policy available at https://firstgames.in/privacy-policy (“FG Privacy Policy”) (incorporated herein by reference) form legally binding contract between You and FG. By using the Platform, you affirm that you are competent to review and agree with the Agreement and that you have reviewed this Agreement and take full responsibility for your compliance with them.
3.                    Modification of these Terms of Access: First Games reserves the right to change, modify, add, or remove portions of this Terms of Access (each, a change and collectively, changes) or First Games Offerings at any time by posting notification on Platform or otherwise communicating the notification to You. The changes will become effective immediately on a going-forward basis with respect to Your use of First Games Platform, availing First Games Offerings. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of First Games Offerings/ Platform. Your continued use of the Platform following the posting of changes constitutes your agreement to all such terms, conditions, and notices. You are responsible for regularly reviewing these Terms of Access and additional terms posted on the Platform.
4.                    Limited License to access First Games Offerings:
   1.                Accessing First Games Offerings: By accessing or using First Games Offerings, you accept and agree to these terms of First Games Offerings and the FG Privacy Policy. You may also be required to register an account on the Platform (an "Account"). You warrant that you are not prohibited from receiving products, including services or software. You are responsible for any fees, including internet connection or mobile fees that You incur when accessing the services provided by First Games.

 

2.                Account Creation and Information:

 

1.           To use our services, you will need to register with us. We may require You to create an account for First Games Offerings with us with Username and Password on Platform or at any other website or platform. While creating the account You may be required to provide First Games with certain personal information, which may include your name, birth date, mobile number, e-mail address, address and, in some cases payment information (“Personal Information”). This Personal Information will be held and used in accordance with FG Privacy Policy and relevant notices / policies, if any, provided at the point of information collection or use. User may provide the Personal Information for communication purpose and authorize FG for collation of the same. User authorizes FG to collect the Personal Information in relation to address as part of availing services of FG. The applicable Personal Information will be considered as address of communication and record. We shall collect user address in the form of State at the time of account creation, further details for the same can be updated by the user on the user page, which shall be considered as ‘address on record’. Additionally for verification purposes we may require you to authenticate your account with our service partners and have access to details for paid services. You must provide the correct details in all fields and keep the details updated including and not limited to your personal information like postal address, email address, telephone number(s) etc. Any discrepancy in the KYC or other mandatory requirements shall make you ineligible for winnings, unless and until the same is updated.
2.           If You are required to update an account then certain additional information which may include your personal, professional and other details may be required. You agree that you will supply accurate and complete information to us, and that You will update that information promptly after it changes.
3.           Any information provided by you to us should be complete and truthful to the best of your knowledge. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us. In case if we feel to have some background checking, then we may, at any time, require you to provide us with additional documentation and proofs to verify the correctness of this information, failing which we reserve the right to hold / suspend or terminate your registration.
4.           In compliance with the amendments made in the Central Goods and Services Tax Act, 2017, Integrated Goods and Services Tax Act, 2017, the State Goods and Services Tax Act, 2017 and Rules made under the said Acts including Notifications issued under the said Acts (hereinafter collectively referred to as “GST Laws”) related to taxability of online gaming, which does not involve staking of money or other stakes or participation with the expectation of winning by way of monetary gain in return of money or other stakes, any payments by you on the Platform is subject to levy of GST, at the rate applicable at the time of You making the payment on our Platform which will be remitted to the Government.
5.           FG, at its sole discretion, may provide discount and promotional schemes, as offers for users of the Platform from time to time. FG may offer an instant discount or promotion on the invoice or pre-agreed discount based on the schemes. The discount and promotional schemes may be called bonus, cashbacks, promotional offers, discounts, etc. (“Schemes”) and details of the Schemes will be communicated to the users accessing the Platform before availing the Schemes. The Schemes can be used by the users, subject to such terms and conditions as may be prescribed. Such terms and conditions may include details of such Schemes, their validity for availment / utilization, restriction in availment / utilization when used in conjunction with other Schemes, discounts or vouchers, etc.
6.           We might be conducting certain promotional activities and you may be eligible for certain rewards on fulfilment of conditions provided. Coins earned as part of rewards can be used for participating in the games on the Platform. Such promotional offers shall not entitle you to demand the issuance at any subsequent period in time nor create an expectation of recurring issue by us to you. In case you terminate your account with us, or such account if terminated by us, we may cancel all the gratifications granted to you and you shall not have any right or interest on such promotions.

3.                Use of First Game Offerings:
   1.          Your usage of the First Games Offerings shall be subject to the following:
      1.       You shall not create an account using a false identity or information, or on behalf of someone other than yourself;
      2.       You shall not have an account or use the service if you have previously been removed by us or previously been banned from playing any games on the Platform, and we at our sole discretion may allow You to create/reopen such account;
      3.       If You are resident (permanent/temporary) of any state/union territory within the territory of India which disallows you from participation, then You shall not be entitled to participate in the First Games Offerings in our Platform, wherever such service is prohibited by applicable law as per the State/ Union Territory notifications / regulations in force now as per Annexure I and/or which may come in future. In short, participation in online games or contests or campaigns shall be controlled by your residential status and/ or statutory regulations present in your state and please restraint or contact us, before enrolling from notified areas;
      4.       You shall not use your account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
      5.       You shall not use your account to engage in any illegal conduct;
      6.        You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your account or any virtual items associated with your account to anyone without our written permission;
      7.       You shall refrain from using inappropriate language, including language that may look, sound like, stand for, hint at, abbreviate, or insinuate profanity, hate speech (including but not limited to racial, ethnic, or religious slurs), or illegal activities.
      8.       You shall not carry out cheating of any kind (including by exploiting any bug or error) which is expressly prohibited and this includes exploiting any deficiency in our code or design, or in the code or design of any third party product or service used in connection with the First Games Offerings, to gain an unfair advantage or to gain unauthorized privileges, access or abilities not clearly intended by the product’s design. Communicating information about such activities to others will also be considered cheating.
      9.         You are responsible for any use of your credit card or other payment instrument;
      10.         You agree to receive promotional messages relating to various games and tournaments through short messaging services, electronic mails, push notifications and other means. If you wish to unsubscribe to the messaging services, please contact at the email id provided to you for unsubscribing.
   2.         Specific terms and conditions for online games:

1.       Any games, events or contest(s) being hosted or provided, or intended to be hosted or provided on Platform and requiring specific permission or authority from any statutory authority or any State or the Central Government shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant games, events or contest(s) are hosted or provided.
2.       You may only take part in every round of an online game or mobile game using one user account, unless the respective rules of the game allow for exceptions from this. The use of several user accounts by one user is not permitted. Multiuser accounts such as these may be deleted or banned at the reasonable discretion of FG.
3.       You are prohibited from enacting any form of manipulative interference in online or mobile games. In particular, You are not entitled to utilize measures, mechanisms, or software that could interfere with the function or progress of the game. You may not take measures that may cause an unreasonable or excessive burden on technical capacity. You are not allowed to block, rewrite, or modify content generated by the game administration or to interfere with the game in any other manner.
4.       Under no circumstances You may:
   1. create or use cheats, mods and/or hacks, or any other third party software products that may change the result of the online or mobile games,
   2. use software that allows the mining of data or otherwise intercepts or collects information in connection to the online and mobile games,
   3. use virtual items that are being used in online or mobile games outside of the online or mobile games, purchase virtual items for "real" money, or sell or swap virtual items,
   4. sell, buy, or trade user accounts.
   5. This includes all circumventions, similar actions, or actions that produce an effect that matches the aforementioned bans.

 

3.         Specific terms and conditions for Virtual Currency, In-App Purchases, Subscription Services and Advertisement and Reward Based Promotions

 

1.       Virtual Currency

 

1. First Games may issue to Users a limited, non-transferable, revocable license to use virtual tokens, credits, or points (“Coins”) solely within the Platform to access games, participate in gameplay, unlock features, or obtain virtual items.

 

2. Coins issued on the Platform are not legal tender, currency, security, or stored value instrument, and shall have no monetary or intrinsic value outside the Platform. Coins cannot be redeemed, withdrawn, or exchanged for cash, securities, or physical goods, unless expressly permitted under any specific campaign in accordance with applicable law.

 

3. Users may obtain Coins by (a) earning them through gameplay or login rewards; (b) receiving them as incentives for viewing advertisements or completing other promotional tasks; or (c) purchasing them through authorized in-app purchase channels operated by third-party app stores (Google Play, Apple App Store, or others designated by First Games).

 

4. Coins are personal to the user’s account and cannot be sold, assigned, gifted, pledged, licensed, transferred, or traded to any third party.
   Any attempt to transfer, trade, or exploit Coins outside the Platform shall be void, and may result in suspension or termination of the user’s account.

 

5. First Games may set expiration periods for unused Coins and reserves the right to withdraw, discontinue, or modify the availability of Coins without liability.

 

2.       In-App Purchases

 

1. Payment Processing. Purchase of Coins or in-game items (collectively, “In-App Purchases”) shall be facilitated by third-party payment processors or app stores, whose terms and conditions shall apply in addition to these Terms of Access. First Games does not control, and shall not be responsible for, the security, accuracy, or legality of third-party billing or payment services.

 

2. Finality. All In-App Purchases are final, non-refundable, and non-exchangeable, except where refund obligations are expressly imposed under applicable law or the policies of the relevant app store.

 

3. Parental Responsibility: Users acknowledge that they are solely responsible for managing device settings, parental controls, and safeguards to prevent unauthorized or unintended In-App Purchases, especially where devices are accessible to minors.

 

4. Price Changes. First Games reserves the right to change the pricing, packaging, or availability of In-App Purchases at any time without any liability to the user or any third party.

 

3.       Subscription Services

 

1. Nature of Subscriptions. First Games may offer users subscription-based access plans (“Subscriptions”) providing benefits such as: (a) unlimited or extended gameplay; (b) advertisement-free experience; (c) early or exclusive access to certain games or features.

 

2. Payment and Renewal: (a) Subscriptions will be billed in advance and will automatically renew at the end of each billing cycle unless cancelled by the user prior to renewal. (b) Cancellations must be effected through the applicable app store settings. First Games is not responsible for subscription management outside such app store systems.

 

3. No Rewards Conversion. Payment of subscription fees shall not entitle users to any Coins, in-game items, or purchasable rewards tied to game outcomes. Subscriptions are solely for access benefits and not for the acquisition of virtual currency.

 

4. Non-Refundable. Subscription fees are non-refundable and non-creditable, unless mandated by law.

 

5. Modification or Termination. First Games may modify or discontinue Subscriptions at its discretion. Users will be provided with notice of material changes, and continued use constitutes acceptance.

 

4.       Advertisement and Reward Based Promotions

 

1. Display of Advertisements. The Platform may display third-party advertisements, including banners, pop-ups, video ads, and promotional offers. First Games does not endorse or guarantee the products or services advertised. User interacting with an advertisement may be redirected from the Platform to the advertiser's website's or application or to such other online destination as may be designated by the relevant advertiser.

 

2. Reward Ads. Users may be offered the option to view “Reward Ads” in exchange for Coins or in-game benefits such as extra lives, hints, or cosmetic upgrades. (a) Rewards are granted only upon completion of the advertisement in accordance with the advertiser’s requirements. (b) First Games is not liable for failures, errors, or discrepancies in ad delivery, including cases where rewards are not granted due to advertiser default or system failures.

 

3. Third-Party Responsibility. Advertisements and promotional content are provided by third parties and displayed on Platform strictly on an "as-is" basis. First Games does not independently verify, and expressly disclaims all warranties, representations or endorsements with respect to, the accuracy, completeness, reliability, suitability, quality, legality, availability, pricing or any other attribute of the advertisements and the products or services related to the advertisement. The inclusion of any advertisement on the Platform does not constitute, and shall not be construed as, an offer, solicitation, invitation, advice or recommendation by First Games to purchase or otherwise deal in any product or service First Games disclaims any responsibility for transactions, disputes, or claims arising between users and advertisers.

 

4. No Claim Against First Games. Any transaction related to purchase of product or service advertised by the advertiser shall be concluded directly between the user and the relevant advertiser. First Games is not, and shall not be deemed to be, a party to any such transaction. Viewing or reliance on advertisements is at the user’s sole discretion and risk. FG will not be liable, whether in contract, tort (including negligence), strict liability or otherwise, for any loss, damage, cost or expense (including loss of profit, or other consequential, incidental or indirect loss) arising out of or relating to the content of any advertisement (including any description, image, price or other information contained therein) or any transaction entered into pursuant to an advertisement. No claim for refund, compensation, or damages shall lie against First Games arising out of advertisements or related rewards.

 

Collection of information: We may deploy internal or third - party technologies for serving advertisements within First Games Offerings or the Platform which may use certain methods to collect information as a result of advertisements displayed. Some of the data collected may be used for determining the popularity of certain content, deliver contextual advertising and content and your activity on the Platform, amongst other things subject to FG Privacy Policy.

 

4.         Specific terms and conditions for purchasing Coupons from Coupon Partners on the First Games Marketplace and/or the Platform

 

1.       Role of First Games; Marketplace Structure. The Platform is a marketplace operated by First Games and hosted within the Paytm Platform (which is powered by Paytm). First Games acts solely as a facilitator and intermediary, providing its marketplace services for users to avail some or all of the First Games Offerings. Paytm provides the underlying technological infrastructure that enables First Games to host and operate the First Games Marketplace on the Paytm Platform. Neither First Games nor Paytm bears any responsibility or liability for any act or omission of any User or third-party Coupon Partner or DG Partner or any other third party in connection with the First Games Marketplace and/or Paytm Platform.

 

2.       Listings; Listing Responsibilities. Coupon Partner may list Coupons on the First Games Marketplace or Platform for sale to users. The price, value, features, inclusions, exclusions, validity period, shipping, delivery, and other commercial terms of each Coupon are solely determined and provided by the respective Coupon Partner. As a user, please ensure you review and examine the commercial terms of the Coupon Partner prior to making any purchase. First Games and Paytm do not have any role in fixing or controlling or influencing such commercial terms and are not responsible for the sale or quality or fulfilment of any Coupons or the underlying goods or services offered by Coupon Partner. While First Games uses commercially reasonable efforts to display accurate information provided by the Coupon Partner, it does not guarantee that the listing, pricing, or other data provided by the Coupon Partner is current, error-free, or complete at all times.

 

3.       Purchase of Coupons. When you place an order for a Coupon on the First Games Marketplace and/or the Platform and your payment is authorized, you enter into a direct purchase contract with the Coupon Partner identified in the listing (a "Coupon Purchase Contract"). First Games as a marketplace is not, and shall not be deemed to be, a party to any such Coupon Purchase Contract. By purchasing a Coupon, you acknowledge and agree that: (i) you have read and understood the terms of the Coupon Purchase Contract; (ii) the Coupon Partner is solely responsible for the accuracy, availability, sale, redemption, validity, and fulfilment of the Coupon; (iii) First Games is not liable for any failure, default, inaccuracy, or non-performance by the Coupon Partner; and (iv) any claims, refunds, or disputes relating to the Coupon(s) purchased on the First Games Marketplace or Platform, including its redemption, must be resolved solely between you and the Coupon Partner.

 

4.       Redemption of Coupon(s). Coupon(s) purchased on the First Games Marketplace or Platform are subject to the terms and conditions specified by the Coupon Partners in the listing and/or the Coupon Purchase Contract, including but not limited to validity period, redemption locations, usage restrictions, etc. Coupon Partners are solely responsible for honouring and fulfilling their Coupons. You acknowledge that Coupon Partners may impose blackout dates, product or service exclusions, minimum spend requirements, or other conditions on redemption. First Games shall not be liable for a Coupon Partner's failure or refusal to redeem a Coupon, or for any dispute arising from the redemption or use of a Coupon.

 

5.       Cancellations, Refunds, Replacements. The cancellation, refund or replacement of a Coupon (whether before or after purchase or post its expiry) shall be subject solely to the Coupon Purchase Contract and/or terms and conditions of the respective Coupon Partner. Unless expressly permitted by the Coupon Partner, Coupons once purchased are non-cancellable, non-refundable and non-transferable. You further acknowledge and agree that First Games reserves the right to cancel any purchase transaction at any time without any liability in order to protect the user experience, investigate any transactions, fraudulent activity etc. on First games. 

 

6.        Prohibited Activities. You agree not to engage in any activity that is unlawful, abusive, fraudulent, misleading, or otherwise prohibited under these Terms of Access or applicable law. Without limiting the generality of the foregoing, you shall not:  (i) misuse, duplicate, resell, or tamper with any Coupon; (ii) purchase, or redeem Coupons through unauthorized or automated means; (iii) engage in bulk purchasing, unless specifically authorized by the First Games Marketplace or Platform; (iv) attempt to interfere with, disrupt, or gain unauthorized access to the First Games Marketplace or the Platform or the Paytm Platform; or (v) infringe the intellectual property or contractual rights of First Games, any Coupon Partner, or third parties. Any violation of this clause may result in suspension or termination of your account, cancellation of Coupons, and/or legal action.

 

 

5.         Specific terms and conditions for providing discoverability of Digital Gold

 

1.       Affiliate Marketing Business. First Games provides digital banners, widgets, push notifications, and other marketing/ promotional material on the First Games Platform to inform users of the Digital Gold offering available on the Paytm Platform by DG Partners.

 

2.       No Offer of Contract by First Games. First Games does not itself offer, sell, or provide Digital Gold. All Digital Gold transactions are undertaken on the Paytm Platform by the respective DG Partners. The display of Digital Gold promotions on First Games Platform shall not be construed as an offer, solicitation, or commitment to sell Digital Gold by First Games. Any purchase of Digital Gold is exclusively a contract between you, Paytm, and/ or the applicable DG Partner, and shall be governed solely by the terms and conditions prescribed by Paytm and/or the DG Partner as may be applicable.

 

3.       Purchase of Digital Gold. When you place an order for Digital Gold on the Paytm Platform and your payment is authorized, you enter into a direct purchase contract with the DG Partner identified in their listing (a "Gold Purchase Contract"). First Games as a referral and/or advertising partner is not, and shall not be deemed to be, a party to any such Gold Purchase Contract. By purchasing Digital Gold on the Paytm Platform, you acknowledge and agree that: (i) you have read and understood the terms of the Gold Purchase Contract; (ii) the DG Partner is solely responsible for the existence, availability, quality, purity, quantity, price, merchantability, fitness for purpose, title to the Digital Gold; (iii) First Games is not liable for any failure, default, inaccuracy, or non-performance by the DG Partner; and (iv) any claims, refunds, or disputes relating to Digital Gold purchased on the Paytm Platform, must be resolved solely between you and the DG Partner.

 

4.       No Refunds. You acknowledge that no refunds, reversals, or compensation shall be payable by First Games in the event of: (i) inaccessibility of the Paytm Platform or Digital Gold services due to maintenance, downtime, or technology partner failures; or (ii) suspension, cancellation, or discontinuation of any Digital Gold-related service on the Paytm Platform.

 

5.       Supplemental Nature. The terms and conditions set forth in this Section 4.3.5 are supplemental to, and not in derogation of, any other advertisement-related terms and conditions contained within this Terms of Access.

 

6.         Specific conditions for the use of communication facilities (particularly discussion forums, chats, comments)

 

1.       We may provide you with different communication facilities for self-created entries and posts on Platform or any other websites, pertaining to the game, services being offered and Platform, on social networks (particularly discussion forums, chats, blogs, guest books, etc. as well as the utilization of their comment functions, altogether known as the "communication facilities"), which you may use when available. In this regard, First Games only provides you with the technical environment for an exchange of information. However, you do not have the right to claim communication features nor post any communications as mentioned in section 4.3.5 (c) below.

 

2.       You take full responsibility for the content and entries you post and indemnify us (including directors, employees, agents of FG) against any claims from third parties arising from yours posts. FG shall not be liable for content entered or posted by you.

 

3.       Within the context of these communication facilities, you are prohibited from publishing or distributing content on Platform or any other websites/platform that:

 

1. violates an applicable law, goes against common decency, or breaches the general terms and conditions or the rules of the respective game;
2. violates trademarks, patents, utility or design patterns, copyrights, trade secrets, or other rights of third parties;
3. is obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature;
4. is of an abusive, harassing, or defamatory nature;
5. includes chain letters;
6. falsely suggests that it is provided or supported by FG;
7. contains personal data of third parties without their explicit consent;
8. is commercial in nature:
9. Such other reasons as deemed fit and necessary by FG.

 

4.       Notwithstanding any other rights under these Terms of Access, First Games has the right to fully or partially remove content and entries that violate the rules of these Terms of Access. We also have the right to exclude users who violate these rules, in whole or temporarily, from further use of our online and mobile games, websites, and other services.

 

5.       In case if we find you not complying with the terms herein, then:
   1. We reserve the right to remove, at any time and without notice, any content from the Platform.
   2. We reserve the right to contact your Internet Service Provider (“ISP”) regarding any inappropriate activities by you on the service.
   3. We reserve the right to immediately terminate or suspend our offerings who fails to abide by these Terms of Access. The decision to suspend or terminate accounts will be made at our sole discretion and is final.

4.                User Account Suspension

We may suspend or otherwise put restrictions on your access to our services on the Platform and during our assessment we understand or its comes to our notice that you have failed for any of the following reasons:

1.       provide us with true, accurate, current and complete information at the time of registration and at all other times. You further agree to update and keep updated your registration information.
2.       abide and be bound by these terms & conditions and all other rules, regulations and terms of use of the Platform. In the event you do not abide by these terms and conditions and all other rules, regulations, we may at our sole and absolute discretion, take necessary remedial action, including but not limited to restricting, or suspending, or terminating your access to all or any part of our services; deactivating or deleting your account and all related information and files on the account.
3.       not register or operate more than one user account with us.
4.       ensure fair play across all gameplay, and if we have initiated or taken steps that will prevent any user from engaging in any fraudulent activity or unfair practices in order to win/lose or otherwise determine the outcome of a Game, you shall help us with relevant details, suggestions and inputs. In the event we find fraud or any other unfair practices, we have the right to suspend your account.

 

5.                    User Obligations of Username or Log In details and accounts:

During the account creation on First Games or any other website or Platform, your username and password will be provided to you ("Login Information"). The following rules govern the security of your login information:

1.       You shall not share the account or the login information, let anyone else access your account, or do anything else that might jeopardize the security of your Account;
2.       In the event You become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the login information, You must immediately notify us and modify your login information;
3.       You shall be required to keep your account active and in credible condition in order to login and use the services offered through the Platform.
4.       You are solely responsible for maintaining the confidentiality of the login information, and You will be responsible for all uses of the login information, including purchases, whether or not authorized by You; and
5.       You are responsible for anything that happens through your account.
6.        FG reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.

 

6.                    Funds, Payments, Prizes and Refunds

 

1.              All transactions including and not limited to payment and/ or refunds shall be in Indian Rupees. All payments must be made through your user account at our Platform.

 

2.              The User acknowledges that subject to time taken for reconciliations and such other external dependencies that we have on third parties; any transactions on the Platform may take up to 48 hours to be processed. A transaction, once confirmed, is final and no cancellation is permissible. We may, however, in certain exceptional circumstances and at our 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 shall 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 shall prevail.

 

3.              Payments made by You on the Platform will be regulated using payment instruments which have been accepted and authorized by us and shall be governed by regulations, our policies and such other requirements as are mandatory and which we feel are required for having efficiency in the process and systems. We may restrict the amount of money you can add to your user account as we want you to play responsibly.

 

4.              Processing of payments made via credit card, debit card, e-wallets, prepaid cash cards and internet banking are processed through gateways owned and operated by third-party payment service providers. As third parties who process such payments require authorization we are not responsible for disruptions, denials or delays caused at the payment processors end. We are not responsible for delays or denials at their end and processing of payments will be solely in terms of their policies and procedures without any responsibility or risk at our end. If there are any issues in connection with adding cash/ withdrawal, you need to contact us by writing to us at care@firstgames.in or raise a complaint at our Platform. You agree that in such an event of your credit being delayed or eventually declined for reasons beyond our control, we will not be held liable in any manner whatsoever. Only when your transaction is authorized, you will be able to avail the services on our Platform.

 

5.              We may cancel a transaction at any time based on its discretion. If before the transaction is cancelled, the payment is successful, the transaction will be reversed. The money in such case will be credited back to your payment instrument. In case of cancellation request or refund request initiated by you, then we may act upon (at our sole discretion) to credit the user's account with the refund amount or cancellation amount in 3 to 5 business days. Our analysis on refunding of amount shall be based on case to case basis and depend upon various factors which include and are not limited to anti – money laundering, responsible play, fraud detection etc.

 

7.                    Content and Service: First Games owns, has licensed, or otherwise has rights to use all of the content that appears in the Platform / service or in games. All rights, title and interest in and to the First Games Offerings (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using First Games) are owned / licensed by FG. FG reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Content and the service. All Content with the exception of third party content is owned by FG.

 

8.                    Account: Notwithstanding anything to the contrary herein, you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account (except for any personal information therein) are and shall forever be owned by FG. You agree that you have no right or title in or to any content that appears in the First Games service, including without limitation the virtual goods or currency appearing or originating in any games of First Games, whether earned in a game or purchased from FG, or any other attributes associated with an Account or stored on the First Games service.
9.                    License Limitation
   1.              Any use of First Games services in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted under this Terms of Access), and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the service including undermining or manipulating the legitimate operation of any games of FG is violation of our rights and may be a violation of criminal and civil laws.
   2.              You agree that you will not, under any circumstances:
      1.        engage in any act that FG deems to be in conflict with the spirit or intent of the First Games Offerings and services, including but not limited to circumventing or manipulating these Terms of Access, game rules, game mechanics or policies;
      2.        interfere or attempt to interfere with the proper functioning of First Games Offerings and services or connect to or use the First Games Offerings in any way not expressly permitted by these Terms of Access;
      3.        use any unauthorized third party software that accesses, intercepts, or otherwise collects information from or through the service or that is in transit from or to the service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the service to store information about FG game characters, Platform, elements, or environment;
      4.        make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
      5.        bypass any robot exclusion headers or other measures FG employs to restrict access to First Games Offerings and service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the service, or harvest or manipulate data;
      6.        use, facilitate, create, or maintain any unauthorized connection to First Games Offerings and service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the First Games service; or (2) any connection using programs, tools, or software not expressly approved by FG;
      7.        use relevant open-source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by FG; or
      8.        copy, modify or distribute rights or content from First Games site or game, or our copyrights or trademarks or use any method to copy or distribute the content of the service except as specifically allowed in these Terms of Access;
      9.        make improper use of our support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or use the service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
      10.     Cheating & hacking – You agree that you will not, under any circumstances:
          1.       use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the service or any of our gaming experience;
          2.       use the service in order to design or assist in the design of cheats, automation software, bots, hacks, or any other unauthorized third party software designed to modify or interfere with the Service or any of our gaming experience;
          3.       disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the service or any of our game environment (each a "Server"); or (2) the enjoyment of the service or any of our game by any other person;
          4.       institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the service; or
          5.       attempt to gain unauthorized access to the service, other games available in the Server, Accounts registered to others or to the computers, Servers, or networks connected to the First Games service by any means other than the user interface provided by FG, including but not limited to, by 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 that is part of the service;
   3.              Commercial Activity – You agree that you will not, under any circumstances:
      1.       use the First Games Offerings and service or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items (defined in 9.1.2 hereinbelow ) for sale;
      2.       transmit unauthorized communications through the Platform, and our offerings and services, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
10.                Fees and Payment Options
    1.          Purchases: Purchase of any First Game Offerings on the Platform may require you to share additional personal identification and/or payment-related information with us. If any private information that is collected by a third-party billing service during purchases, it is stored and secured by that third-party and may or may not be shared with us. The third-party has the liability for storing and securing such additional information. If any particular information is provided to FG, we can only ensure the protection of such information on our Platform. Payment failure and refund related queries need to be addressed by the third-party as per their own terms and conditions.

 

2.          Payment Options: You may pay fees using the methods available for specific game offerings provided in the Platform and you agree to the terms and conditions applicable to each payment method you choose. Various payment methods are provided in our platform. When you provide credit card or other payment information to us or any other website or platform, you represent to FG that you are the authorized user of the credit card or other payment method.

 

3.            As the Account holder, you are responsible for all charges incurred as mentioned below, including applicable taxes, and all purchases made by you or anyone that uses your Account.
   1.                   Android (Google Play) Billing and /or any other billing carrier, as applicable
   2.                   Top Ups / In App Purchases
   3.                   Subscription Charges
   4.                   Coupon Purchases
   5.                   Other charges as and when informed by us
4.            Fees charged by third party sites and vendors - We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in fees that you may pay to FG. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
5.            Any refund request for justified cause as per sole discretion of FG, if being considered, shall be initiated within 15 working days from the date of receipt of request. We reserve the right to deduct amounts if such amount has been rewarded before refund initiation.
6.            As and when applicable FG will make commercially reasonable efforts to help you with billing and charges applied but shall not be liable or responsible for any purchaser errors and shall not be liable for any errors on billing statements issued to you by billing carrier.
7.            Cancellation of your account: - You have the right to cancel your account at any time. If you do not agree to the terms in this Terms of Access herein, your sole remedy is to not use First Games Offerings and our Platform and to cancel account. You understand and agree that the cancellation of your account shall not require First Games to refund any amounts to you and the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for First Games Offerings and/or any content or entitlements thereon shall be non – refundable. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with First Games Offerings must be settled within twenty- four (24) hours of due date. Your use of all the accounts created is based on the assumption that you have read and understood the above information, along with the Terms and that usage or attempted use of your user account for any reason other than what is stated in the Terms may result in immediate termination of your user account.

 

11.                Approval/ Acceptance

 

1.            By participating in the games, You indicate your unconditional acknowledgement and acceptance of these Terms of Access and /or any additional terms and conditions may apply in order for You to avail specific First Games Offerings and to specific portions or features of the Platform, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Access by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Access and the terms posted for or applicable to a specific portion of the Platform or for any First Games service offered on or through the Platform, the latter terms shall control with respect to Your use of that portion of the Platform or the specific First Games service, to the extent there is any conflict.

 

2.            You confirm and waive the applicability of rules and regulations of the National Do Not Call Registry to receive promotional messages and alerts including without limitation daily updates on the score under the contest / campaign criteria from FG, as we may decide in our sole discretion.
3.            You are aware that answers submitted on Platform and sent by You may not be received by us instantly or received late due to various factors outside the control of First Games such as network failure, system failure etc. In all instances the time of receipt by us shall be taken into account, and You agree not to dispute, challenge or raise any claim / action against us by the delay caused in receiving.

12.                Bribes, Gifts, Entertainment, Favours and Payment: You shall not offer any FG employee gifts, payments, service favours or other favors where these would, or might appear to improperly influence the employee in performing his or her duties for FG. FG employees should not encourage or solicit gifts, entertainment or Services from You. Gifts of cash or cash equivalents (e.g. gift cards) are prohibited. Consistent with FG requirement that all business conducted with us adheres to applicable laws and regulations, the use of bribes, secret compensation or kickbacks is strictly prohibited.

 

 

13.                Indemnification 

You agree to indemnify, defend, and hold harmless First Games, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, demands, actions, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or related to (a) your use of, or conduct in connection with, the First Games Marketplace; (b) your breach of any provision of these Terms of Access ; (c) your violation of any applicable law or the rights of any third party; or (d) any dispute or issue between you and any Coupon Partner or DG Partner or other third party; (e) your purchase or access to any of the online games offered on the Platform. FG reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify FG or its affiliates, including rights to settle, and You agree to cooperate with us for defense and settlement of these claims. FG will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

 

14.                Limitation of Liability and Damages

 

1.            FIRST GAMES MARKETPLACE, AND ALL COUPONS, CONTENT, SERVICES MADE AVAILABLE THEREON ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, SECURITY, QUALITY, QUANTITY, DELIVERY, ERROR-FREE OPERATION, OR CONTINUOUS AVAILABILITY. NO ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN, OR OTHERWISE, OBTAINED FROM FIRST GAMES OR THROUGH THE FIRST GAMES OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

 

2.            YOU EXPRESSLY AGREE THAT USE OF THE FIRST GAMES OFFERINGS IS AT YOUR SOLE RISK. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY DAMAGE TO YOUR EQUIPMENT, DATA, OR OTHER LOSS RESULTING FROM YOUR ACCESS TO OR USE OF THE FIRST GAMES OFFERINGS, INCLUDING ANY THIRD-PARTY CONTENT.

 

3.            TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIRST GAMES, ITS GROUP COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE FIRST GAMES OFFERINGS; (B) ANY DELAY, FAILURE, ERROR, OR OMISSION RELATING TO ANY TRANSACTION, COMMUNICATION, DELIVERY, OR AWARD; OR (C) ANY GOODS, SERVICES, OR CONTENT ACQUIRED OR ACCESSED THROUGH THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

4.            IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FIRST GAMES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE FIRST GAMES OFFERINGS EXCEED THE TOTAL AMOUNT PAID BY YOU (IF ANY) FOR THE SPECIFIC FIRST GAMES OFFERING GIVING RISE TO THE CLAIM.

 

5.            YOU ACKNOWLEDGE AND AGREE THAT FG HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FG, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FG. FG OR ITS AFFILIATES WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. APPLICABLE LAW MAY NOT COMPLETELY ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS WILL APPLY TO YOU SUBJECT TO APPLICABLE LAW. IN SUCH CASES, FG AND ITS AFFILIATE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS PARAGRAPH 18 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

 

15.                General Terms

 

1.            Customer Support: Subject to the other provisions of the terms of usage, FG will attempt to help you with any queries or problems that You may have with Platform or any of your purchases through the Platform. To reach our customer support team, please e-mail us at care@firstgames.in. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible. If You believe that any action has been taken against your account or device in error, please contact customer support at care@firstgames.in. You may click on http://m.p-y.tm/contactus or write at care@firstgames.in regarding queries / complaints pertaining to any contests / campaigns, rewards, gratification etc. between 9.30 AM to 6.30 PM, on business days (Monday to Friday). Further, any information that is being requested in connection with the campaign or contest, may be provided by us at our sole and absolute discretion, and will be dependent on the nature of the information requested. Please note that any information requested by you shall only concern you and under no circumstances will we be providing you with the confidential information or information pertaining to other participant(s). We will entertain queries maximum for the period of one month, from the date of start of such corresponding matter and no such request shall be entertained thereafter. For nonpaid transactions information provided by us, will not be held accountable/answerable or as evidence against us and we do not make any commitment, express or implied to respond to any feedback, suggestion and/or queries.

 

2.            Customer Grievance Redressal: For any questions, complaints, or claims relating to the First Games Platform or these Terms, you may also reach out to the designated Grievance Officer of First Games by writing to the Grievance Officer at: -

Grievance Officer

First Games Technology Private Limited

Email: grievance@firstgames.in

The contact details of the Grievance Officer may be updated from time to time in accordance with applicable law and will be made available on the Paytm Platform and/or under these Terms.

3.            Data: We will collect user data for accessing and providing our services. This data collection, management and deletion will be as per the FG Privacy Policy, and your continued usage of our services will mean that a) you have read and understood our privacy policy, b) manifested your consent to our privacy policy and c) will be treated as you have accepted our privacy policy.
4.            Remedies: You agree that this Terms of Access is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Access. You also understand and agree that this Terms of Access, other FG Policies and the supplemental terms as and when incorporated, are not intended to confer, and do not confer, any rights or remedies upon any person.
5.            Force Majeure. First Games shall not be liable for any delay or failure to perform its obligations under these Terms of Access resulting from causes beyond its reasonable control, including but not limited to acts of God, governmental actions, pandemics, epidemics, war, terrorism, civil disturbances, labour disputes, power or internet outages, failures of third-party service providers, or any other event that renders performance commercially impracticable.
6.            Assignment: FG may assign or delegate these Terms of Access and/or the FG Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Access or FG Privacy Policy without the prior written consent of First Games.
7.            Severability: If any part of this Terms of Access is held invalid or unenforceable by a competent authority, such provision shall be severed from the Terms of Access and the remaining provisions shall remain in full force and effect, provided that the allocation of risks and liabilities described herein is preserved to the maximum extent possible.
8.            Language of the Terms of Access: If we provide you with a translation of the English language version of these Terms & Conditions of Service, FG Privacy Policy or any other policy (collectively “First Games Policies”), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the First Games Policies. In the event of a conflict between a translation of the First Games Policies and the English version, the English version of the First Games Policies will prevail.
9.            Employees of "FG" (including their family members & relatives) and of their group companies, affiliate or associate companies may or may not be eligible for any of the contest / campaign / offers whatsoever offered on the Platform (whether by FG or its partners/brands) and it shall be the sole discretion of FG, whether to provide or not. In instances where we have exclude “Employees”, and it comes to our knowledge that an employee of FG or their family members or relatives has gained benefit of any promotional campaign, then we reserve the right to forfeit such benefit.
10.        The services are being offered by First Games, as per our best of efforts. In case there is any discrepancy or dispute regarding, then decision of FG shall be final and neither FG nor any third party shall have any obligation towards customers, save and except guidelines / directions issued by any applicable competent authority from time to time. No queries/complaints whatsoever in this regard will be entertained.
11.        Breach:
    1.       In the event of breach of any of these Terms of Access being evidenced from our investigation or if there is reasonable belief, in our sole discretion, that your continued access to First Games Platform is detrimental to our interests , our other users or the general public; we may in our sole discretion take any or all of the following actions:
       1.             restrict games between users suspected of cheating;
       2.             permanently suspend your user account on the website;
       3.             forfeit the cash balance in your user account;
       4.             demand damages for breach and take appropriate civil action to recover such damages; and/or
       5.             initiate prosecution for violations that amount to offences in law.
    2.       Additionally, in the event of committing material breach hereof, we reserve the right to bar you from future registration on the website.
    3.       The decision of FG on the action to be taken as a consequence of breach shall be final and binding on you.
    4.       Any action taken by FG shall be without prejudice to our other rights and remedies available in law or equity.

16.                Other Terms and Conditions

 

Additional terms and conditions may apply in order for You to avail specific First Games Offerings and to specific portions or features of the Platform, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Access by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Access  and the terms posted for or applicable to a specific portion of the Platform, the latter terms shall control with respect to Your use of that portion of the Platform. FG may make changes to any First Games Offerings offered on the Platform, or to the applicable terms for any such First Games Offerings, at any time, without notice. The materials on the Platform with respect to the First Games Offerings may be out of date, and FG makes no commitment to update the materials on Platform with respect to such First Games Offerings. The following terms also govern and apply to Your use of the Platform, and they are incorporated herein by this reference:

 

1.          SSOID Service, Participating Platforms - FG’s SSOID service offers You the convenience, after a one-time registration any Platform, to sign on (log in) to all web pages and online platforms operated by FG or its affiliates (hereinafter the Participating Platforms) with single log-in access / data, without going through a separate registration process every time. After successfully registering for the SSOID Service, the user can log-in via each Participating Platform with his SSOID access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations). The Participating Platforms that offer the SSOID as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary in the course of time. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which FG SSOID service is or can be used in accordance with these Terms of Access, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate is solely responsible only for those content that it actually operates. For the SSOID service, these Terms of Access apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these Terms of Access. The SSOID shall be owned and operated by FG for use on all Participating Platforms. For the use of FG’s SSOID service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these Terms of Access. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the SSOID service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the SSOID service or to disclose them otherwise. The user is obliged to inform FG immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our SSOID service (hereinafter the SSOID Agreement). Our offer for the conclusion of the SSOID Agreement is then effected by the fact that FG sends the user a confirmation by e mail, in which a confirmation link is included next to the user name and the password for the SSOID Service. By the user clicking on this confirmation link, the user accepts FG’s offer, so that in this way the SSOID Agreement enters into force. Conclusion of the SSOID Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. First Games is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for FG) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.

 

2.          Service Disruptions
   1.       We may contain links to other internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by those sites. We do not exercise control over any third party internet sites and cannot be held responsible for any content residing in any third-party internet site. Inclusion of any third-party content or links to third-party internet sites is not an endorsement by us of such third-party internet site.
   2.       Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between you and that third party. Users' correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and you shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
   3.       Our portal contains content that is created by us as well as content provided by third parties. We do not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by you in utilizing the activity including while participating in any of the game hosted on portal.
   4.       To the extent permitted by law, FG makes no representations or warranties as to the quality, suitability or merchantability of the game or any contest in the game; neither do we represent that the platform is fit, secure and stable for particular purposes. We shall not be liable in respect of default arising either due to commission or omission of any act, from any of the above part of this clause.
3.          Communication Policy
   By accepting the Terms of Access, You accept the following:-
   1.       FG / First Games may send alerts or make phone calls to the mobile phone number provided by You while registering with Platform for the SSOID service or on any updated mobile number subsequently provided by You on Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in 'On' mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in 'Off' mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
   2.       We will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from us as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using Platform or availing any First Games Offerings. FG shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold FG liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
   3.       The SMS/e-mail alert/push notification service provided by FG is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, we shall be immediately informed about the same by You and we will make best possible efforts to rectify the error as early as possible. You shall not hold FG or its affiliates liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
   4.       The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider FG shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
   5.       You will indemnify and hold harmless FG and its affiliates including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney's fees which FG or its affiliates or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to First Games Offering from FG or its affiliates and/or the SMS/e-mail service provider.
4.          Use of Platform - You understand that except for information, products or services clearly indicated as being supplied by First Games, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that FG or its affiliates cannot and does not guarantee or warrant that files available for download through Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.
5.          Prohibited Conduct - By accessing or using the Platform or by availing First Games Offerings, You agree not to:
   1.       violate the Terms of Access;
   2.       impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the First Games Offerings, perform any other similar fraudulent activity or otherwise avail First Games Offerings with what we reasonably believe to be potentially fraudulent funds;
   3.       infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
   4.       use the First Games Offerings if You are under the age of 18 years;
   5.       post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person;
   6.        post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
   7.       refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to us;
   8.       remove, circumvent, disable, damage or otherwise interfere with security-related features of the First Games Offerings and the Platform or features that enforce limitations on the use of the First Games Offerings or the Platform;
   9.         reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards First Games Offerings or the Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
   10.         use the First Games Offerings or the Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using First Games Offerings or the Platform in an automated manner;
   11.       modify, adapt, translate or create derivative works based upon First Games Offerings and the Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
   12.         intentionally interfere with or damage operation of First Games Offerings or the Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
   13.     use any robot, spider, other automatic device, or manual process to monitor or copy the Platform without prior written permission;
   14.       interfere or disrupt Platform or networks connected to our platform;
   15.       take any action that imposes an unreasonably or disproportionately large load on our infrastructure and / or network;
   16.       use any device, software or routine to bypass Platform’s robot exclusion headers, or interfere or attempt to interfere, with the First Games Offerings;
   17.       forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Platform or to manipulate Your presence on our platform;
   18.        sell the First Games Offerings, information, or software associated with or derived from it;
   19.        use the facilities and capabilities of Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
   20.         breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the Terms of Access;
   21.       provide false, inaccurate or misleading information;
   22.       use Platform to collect or obtain personal information, including without limitation, financial information, about other users of Platform, except and only as expressly provided in the Terms of Access;
   23.     avail First Games Offerings with what FG or its affiliates reasonably believes to be potentially fraudulent funds;
   24.       use the First Games Offerings in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to FG or its affiliates, a third party or you;
   25.       use the First Games Offerings in a manner that our payment gateway partners or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
   26.       take any action that may cause FG or its affiliates to lose any of First Games Offerings from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;
   27.    send automated request of any kind to Platform without express permission in advance from us.
6.          Termination; Agreement Violations -You agree that FG, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the First Games Offerings / Platform and remove and discard on Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time. We may also at our sole discretion and at any time discontinue providing access to the First Games Offerings, or any part thereof, with or without notice. You agree that any termination of Your access to the First Games Offerings/Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that FG or its affiliates will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies FG or its affiliates may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the First Games Offerings/ Platform.

In response to a violation of these Terms of Access or any other agreement applicable to First Games Offerings accessed by You, or We deem that your use of First Games Offerings renders First Games less safe for other users or for illegal or improper use of First Games Offerings, content, entitlement, products, or FG Intellectual Property, We may issue You a warning, suspend your account, selectively remove, revoke or garnish entitlements at an account and/or device level, immediately terminate any and all accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all First Games Offerings or certain First Games Offerings. On such termination You will lose your user name and ID, no refund / refunds will be granted, , and You will have no further access to your account or entitlements associated with your account.

You understand, acknowledge and agree that in such an instance, we are not required to provide you notice before taking action to suspend or terminate your account, temporarily or permanently banning your device from some or all First Games Offerings or selectively removing, revoking or garnishing entitlements associated with your account. If FG terminates your account, you may not participate in First Games Service again without FG express written permission. You may not allow individuals whose accounts have been terminated by FG to use your account.

7.           Disclaimer and User Conduct:
   1.       Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by FG). Users further agree to update and keep updated their registration information and abide by these Terms and Conditions and all other rules, regulations and terms of use of First Games. In the event of any default we may, at our sole and absolute discretion:

 

1. Restrict / suspend or terminate any User's access to all or any part of First Game Offerings and the Platform;
2. Deactivate or delete user's account and all related information and files on the account. Any amount remaining unused in the user's game account on the date of deactivation or deletion shall be transferred to the User's bank account on record with us subject to a processing fee (if any) applicable on such transfers as set out herein; or
3. refraining from awarding any promotional benefits to such user.

 

2.       Users agree to ensure that they can receive all communication from FG by marking e-mails from FG as part of their "safe senders" list. We shall not be held liable if any e-mail remains unread by a user as a result of such e-mail getting delivered to the user's junk or spam folder.

 

3.       Any password issued by FG to a user may not be revealed to anyone else. Users may not use anyone else's password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify us of any unauthorized use of their passwords or accounts or any other breach of security.

 

4.       Users agree to exit/log-out of their accounts at the end of each session. We shall not be responsible for any loss or damage that may result if the user fails to comply with these requirements.

 

5.       in the event if your account has been deactivated or suspended due to reasons as mentioned hereinabove (and decided at our sole discretion), then in such instances you shall not open another account for one year or such period of time as intimated by us.

 

6.        Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying First Games services or our Platform.

 

7.       Users agree that without FG’s express written consent, they shall not modify or cause to be modified any files or software that are part of First Games services or our Platform.

 

8.       Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support First Games or First Games services (each a "Server"); or (2) the enjoyment of First Games services by any other user or person.

 

9.         Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt First Games services or any other person's use or enjoyment of First Games services.

 

10.         Users shall not attempt to gain unauthorised access to the user accounts, Servers or networks connected to First Games services by any means other than the user interface provided by FG , including but not limited to, by 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 that underlies or is part of First Games services.

 

11.       If a user chooses a username that, in our opinion is obscene, indecent, abusive or that might subject us to public disparagement we reserve the right, without prior notice to the user, to change such username and intimate the user or delete such username and posts from First Games Offerings and or Platform, deny such user access to First Games Offerings and or Platform, or any combination of these options.

 

12.         Use of First Games is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit FG right to comply with governmental, court, and law-enforcement requests or requirements relating to users' use of First Games.

8.           Ownership; Proprietary Rights 
   1.       All intellectual property rights in and to the First Games Platform and/or Marketplace, including all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and underlying code, are proprietary to First Games, its licensors, or their respective owners, and are protected by applicable intellectual property laws. Purchase of a Coupon does not grant you any rights in or to the trademarks, service marks, trade names, logos, or other proprietary material of First Games, or any Coupon Partner except as necessary for personal, non-commercial use of the Coupon in accordance with these Terms. You shall not, without prior written permission, copy, reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material present on the First Games Platform and/or Marketplace. You agree not to remove, obscure, or alter First Games or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the First Games Offerings / Platform. If You have comments regarding the First Games Offerings and/or the Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to FG, and shall assign to FG, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

 

2.       Our offerings and services are owned, licensed and operated and the Platform including without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of First Games and each area contained therein are the property of FG and/or its third-party content providers. FG owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Platform (including, without limitation, content that we enable You to download) without the express written permission of FG and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, and legend or copyright notice shall be made. You acknowledge that the FG and/or third-party content providers remain the owners of all materials posted on the website, and that you do not acquire any of those ownership rights by downloading copyrighted materials.

 

3.       Trademark Notice: FG, Platform and/or Platform, contents of First Games website, First Games Offerings and the logo, games are trademarks or registered trademarks of FG in India and elsewhere. All other names of companies and products mentioned herein may be trademarks of their respective owners and are used with permission only. All rights not expressly granted herein are reserved.

 

4.       Copyright Notice: All games, content and software ("Software") (if any) that is made available to view and/or download in connection with the Platform is owned by and is the copyrighted work of FG and/or its suppliers and is protected by copyright laws and international treaty provisions. For any Software, FG hereby grants to the user, a revocable, personal, non-transferable license to use the Software for viewing and otherwise using the Platform in accordance with these Terms of Access, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. You will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited.

9.           Notice - We may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Platform or by any other reasonable means. Except as otherwise set forth herein, notice to FG must be sent by courier or registered mail to First Games Technology Private Limited, Attn – Legal Department, B - 121, Sector - 5, Noida, Uttar Pradesh 201301, India
10.       Dispute Resolution
    1.          If any dispute, controversy or claim arises under this Agreement or in relation to any First Games Offerings or the Platform, including any question regarding the existence, validity or termination of this Agreement (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably.

 

2.         You agree that any claim or dispute You may have against FG and its affiliates must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

 

11.       Random Number Generator Software: iTech Labs has evaluated the Random Number Generator ("RNG") used by https://firstgames.in/ and has certified that the software of FG complies with the relevant statistical standards of randomness. The certificate is available on our website. You understand that we maintain the said certification for the applicable games which necessitate the requirement of the same. You understand that FG maintains the said certification it considers appropriate in the best of its belief, however, it is not possible to test all possible scenarios in any testing environment and We specifically disclaim any and all liability in connection with the RNG used in our gaming software.
12.      Survival - Upon termination of these Terms of Access, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
13.      Headings - The heading references herein are for convenience purposes only and they do not constitute a part of these Terms of Access and will not be deemed to limit or affect any of the provisions hereof.
14.      Entire Agreement and Waiver - These Terms of Access constitute the entire agreement between you and First Games with respect to the subject matter hereof and supersede all prior or contemporaneous oral or written understandings, communications, or agreements. No waiver by First Games of any provision or right shall be effective unless in writing and signed by an authorized representative of First Games, and no waiver shall be deemed a continuing waiver of any other provision or right.