Terms of use agreement

3Plus Games Private Limited, (“3Plus”) is a company duly incorporated under the Companies Act, 2013 having its registered office at 34/6A Kaipuzhakaniyarkuzhiyil, Thodupuzha, Idukki, Kerala, India - 685584.

This term of use agreement (Agreement) governs the use of data, content, features, and activities related to the software application “3Plus” (App), owned and operated by 3Plus available on the website www.3plusgames.com and other games of skill, available on the App and Website (the App and Website are hereinafter collectively referred to as Service). This Agreement constitutes a legally binding agreement between yourself and 3Plus. By accessing, browsing, downloading, registering or using the Service on any platform or device, you acknowledge that you understand, accept and agree to the terms of this Agreement.

The Privacy Policy is incorporated herein by reference. This Agreement shall remain in full force as long as you are a user of the Service and even in the event of termination of Account, Service or feature, you will continue to be bound by your obligations under this Agreement, the Privacy Policy, and any Additional Terms or Policies, including any indemnifications, warranties and limitations of liability.

Please read this Agreement carefully. If the terms of this Agreement are not acceptable to you, do not use the Service. 3Plus hereby reserves the right to revise, update or modify the Agreement periodically without any prior intimation, for reasons including, but not limited to complying with the applicable laws and regulations, and regulatory requirements. All changes made to the Agreement periodically and will be made available on the Website and the App. If, at any point of time, any change is acceptable to you, kindly cease using the Service and/or terminate/delete your account. However, if you continue to use the Service beyond the date on which the changes to the Agreement have come into effect, it will be deemed that you have accepted the Agreement with the changes.

For the purpose of this Agreement, the words “you”, “your”, "use" and/or "using" in this Agreement shall mean at any point in time an individual (a "User"), either directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy, transmit, receive or exchange data or communicate with the Service, or otherwise in any way, uses, takes benefit from, takes advantage of or interacts with any function, service and/or feature of the Service, for any purpose. The usage “we”, “our” and “us” shall mean 3Plus, and/or any third-party service providers engaged by 3Plus to render certain services. This is the entire and exclusive Agreement between you and us regarding the use of the Service.

In order to use the Service, you need to be of sound mind and at least 18 years of age. If you are a resident of Andhra Pradesh, Assam, Nagaland, Sikkim, Tamil Nadu and Telangana (Banned Jurisdictions), kindly do not use the Service. This list is not exhaustive and certain games available on the Service may be restricted by State Governments from time to time. Even though we take reasonable efforts to update this list and disable access to the Service, kindly refrain from using the Service if it is restricted in your place of residence.

1. Skill based gaming application

3Plus operates a gaming platform, which focus on skill-based games, developed by third party developers and licensed to 3Plus, but may also include games developed by 3Plus.

2. Registration and eligibility

To use, the Services, you shall ensure that:

1. You are not be located in a Banned Jurisdiction, where the Services are not restricted by the operation of any law or judgement of the Courts in India;
2. A natural person as per any applicable laws of India;
3. Above 18 years of age;
4. Competent to contract within the meaning of the Indian Contract Act, 1872;
5. Agreed to the terms and conditions laid out under this Agreement and such other terms, conditions, rules, policies laid out by 3Plus from time to time.

If you don’t satisfy all of the criteria above, you shall be ineligible to use the Services and 3Plus reserves the right to deny you access to its Services.

3Plus also reserves the right to terminate any 3Plus User if such user is found to be in contravention of any of the terms and conditions under this Agreement and as laid out by 3Plus from time to time.

You shall, also registered and hold a valid online account with 3Plus. However, as described above, any access, download, use or browsing of the Services shall be deemed to constitute a valid contract between you and 3Plus.

3. Account

The “Account” means the account by which a 3Plus User can access and enjoy the Service. The Account may be accessed only by a single registered user, and should not be used by any third party. It shall be the responsibility of the User, to ensure that there is no unauthorized access of your account, theft or misappropriation of login details or OTP, disclosure of your login details or OTP. You hereby agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of your account or any other need to deactivate your account owing to security concerns. You hereby agree to ensure that you logout from the Services after each session. All content and instructions transmitted or received from anyone presenting your user name or password or phone number or email address shall be deemed binding on you. You, the User, agree that you alone are responsible and liable for any and all actions taken via your account, whether or not made with your knowledge or authority. You agree to maintain the confidentiality of your credentials, phone number and email address carefully and acknowledge that any failure to keep it secure will enable others to engage in transactions through the Service for which you will be legally responsible.

By accepting the terms and/or registering to use the Service, you hereby agree that we shall be entitled to conduct any and all such identification and other verification checks from time to time that we may require and/or are required by the applicable laws and regulations and/or by the relevant regulatory authorities for use of the Service and our products generally and you agree to provide all such information as we require in connection with such verification checks. We shall be entitled to suspend or restrict your account in any manner that we may deem in our absolute discretion to be appropriate, until such time as the relevant checks are completed to our satisfaction. You may open only one account and in the event we identify any user with more than one account, we reserve the right to treat any such accounts as one joint account.

4. User Information

For successful login, users are required to provide the following information viz. full name of the user, phone number, email address or such personal information, or such other information that may be asked for time to time.

5. Closure of Account

We reserve the right to close or suspend your account at any time and for any reason. Without limiting the foregoing, we shall be entitled to close or suspend your account if:

• 3Plus finds you to ineligible to use the Services under Clause 3 above;
• 3Plus considers that you have used the Service in a fraudulent manner or for illegal and/or unlawful or improper purposes;
• 3Plus considers that you have used the Service in an unfair manner, have deliberately cheated or taken unfair advantage of the Service or if your account is being used for the benefit of a third party;
• 3Plus is requested to do so by the police, any regulatory authority or court; or
• 3Plus considers that any of the events referred to in (a) to (d) above may have occurred or are likely to occur.
• You hereby acknowledge and accept that the mere deletion of the Services from your device does not constitute termination of your Account with 3Plus. You agree that if you are desirous of terminating the Account, along with removal of your name and other associated details from 3Plus’s records, except such details that are mandated to be preserved under any Applicable Laws, you shall inform 3Plus with a written request to that effect. However, you hereby acknowledge that the termination of your Account or removal of your details by 3Plus does not constitute termination of your obligations, if any, to any third-party service providers/partners such as credit rating agencies.

6. Intellectual Property

The designs, UI/UX created and used for the Service along with the games, text, fonts, scripts, graphics, mockups, logos, photographs, interactive features and other creatives, and the trademarks, service marks and logos contained therein (Marks), are owned by or licensed to 3Plus, subject to copyright and other intellectual property rights under Indian Intellectual property rights law and international conventions. The Service is provided to you on as-is basis for your personal use only. 3Plus reserves all rights not expressly granted in and to the Service. All software used in the Service is the property of 3Plus or its software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Service is strictly prohibited except as otherwise permitted by law. You hereby agree to not engage in the use, copying, or distribution of the Service other than expressly permitted herein.

7. Communications

By accepting this agreement, you hereby grant your express consent to be contacted by us, our agents, representatives, partners, affiliates, at any contact number, or address, either electronic or physical, provided by you during the course of registration/onboarding. You hereby agree to be contacted through any mode of communication, without any limitation. You hereby warrant and represent that the contact details such as address, email address or telephone numbers provided to us are in your own name and does not belong to someone else and such information is also complete, true and accurate. You hereby agree to inform us whenever any such contact information provided by you to us is no longer in use or is redundant.

8. Advertisement

From time to time, during your use of the Service, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or/and use the services of or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (collectively, the Advertisers). All such communication, interaction and participation is between you and the said Advertisers and we shall not be responsible or liable to you in any way in connection with these activities and/or transactions (including any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any of these Advertisers).

9. Representation and Warranty

You hereby represent and warrant that:

• you are competent and eligible to enter into a legally binding agreement and be bound by the Agreement. Access to the Services is subject to your competency to contract under applicable law, rules and regulation.
• you are eligible to use the Services under Clause 3 above. Access to the Services shall be subject to the eligibility criteria or requirements prescribed by 3Plus from time to time.
• the use of the Service will comply with all the Applicable local, state, national or international laws (Laws) and will not violate any law, regulation, or contractual obligations;
• you shall not to use the App for any purpose that is unlawful under any applicable laws and/or in violation of the terms of this Agreement;
• any and all operations originating from your Account, Device or IP Address shall be assumed to have been initiated by you, under your knowledge;
• you shall immediately inform and request 3Plus to temporarily disable/block the Account in the event that your device is lost, stolen or breached;
• you shall not attempt to or facilitate an attempt to reverse engineer our technology that is available on the Services.
• you shall be solely responsible for any and all such activities that occur in your Account without any recourse to 3Plus. You hereby agree to inform 3Plus of any suspected or on-going unauthorized use of the Account. Under any circumstances, 3Plus shall not be liable for any loss to you, or your organization arising out of any breach or unauthorized access. You hereby waive your right to claim any damages in the event that there was any negligence on your part in securing your account or failure to inform 3Plus about such loss or theft of device or unauthorized access, within a reasonable time; i) you shall be liable for all losses incurred by 3Plus or any other party due to unauthorized access to your Account or by any third party’s use of the Account. Under no circumstances shall you use any other person’s account at any time, without the obtaining the prior permission of both the account holder and 3Plus.
• you grant 3Plus a voluntary, unequivocal and informed consent to your personal data or financial information (including such data as may be designated as ‘personal information/ personal sensitive information under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 or other applicable law), to securely process, disclose or transfer such data to third party entities;
• you will not misuse the Service and acknowledge and understand that “misuse” includes, but is not limited to using the Service in any manner that (a) violates any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (b) unsolicited advertising and messages, promotional materials, junk mail, spam etc; (c) is fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions; (d) defames, harasses, stalks, threatens or otherwise violates the legal rights of others or is invasive of another’s privacy rights; (e) is vulgar, obscene, offensive, or contains pornography or nudity or otherwise objectionable (f) is racially or ethnically offensive and encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (g) send or store material containing software viruses, worms, or other harmful computer code, files, scripts or programs; (h) attempt unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, (i) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (j) interference with Service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (k) send harassing or threatening transmissions, (l) probe for means of gaining unauthorized access to computers or networks, (m) restrict or inhibit any other person from using the Service; and (vi) falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with any person or entity;
• in order to avail the Services, you hereby authorize us to access third party sites or services, on your behalf, to retrieve or authenticate such information as requested by you;

10. Contents

You shall be solely responsible for all contents that you upload, transmit, share or display through the App, (collectively the Contents) including but not limited to any photos, profiles (including your name and image), messages, GPS location, information, text, video, music, third party links. 3Plus does not guarantee as to the validity, accuracy or legal status or confidentiality with respect to any contents and you shall be solely responsible for and assume all risks for any consequences of uploading, posting, transfer or disclosure of the Contents. You hereby confirm and warrant that the Contents do not violate the representation and warranties provided in Clause 10 above.

11. Governance

Your use of the Service is subject to all the applicable local, state, national laws and regulations and, in some cases, international treaties that are relevant to your current location. You are responsible for all activities, acts and omissions that occur in, from, through or under your username or phone number or email address. You shall not use, allow, or enable others to use the Service, or knowingly condone use of the Service by others, in any way that is, tries to, or is likely to violate any laws, regulations (including, without limitation, laws regarding gambling), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the site, other Users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Service or to use the Service in any manner which violates or is contradictory with the terms and conditions of this Agreement.

Any violation of these above terms and conditions will leave users liable to having their accounts terminated. The above statements are taken very seriously by 3Plus and violation of these statements will not be tolerated.

12. Promotion

We may provide users the opportunity to register for unique promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile/cellular phones. Users are obliged to provide their consent to receive such information by complying with the specific terms related to any of these said offerings. Information that may be requested for promotions includes, without limitation, a user's preferences regarding goods or services, or other similar survey information. Depending on the promotion, we may also collect Internet email addresses and other information and, depending on the information collected, the user may also be required to confirm his or her agreement to this Agreement and, including without limitation, the Privacy Policy.

Under no circumstances whatsoever will 3Plus be responsible for any wireless email or text messaging charges incurred by a User or by a person that has access to a user's wireless device, telephone number, or email address. You understand, acknowledge and agree that we may, at our sole discretion and without liability to any user, terminate our offer of any specific wireless marketing service or all wireless marketing services at any time without any advance notice.

13. Non – Commercial Use

3Plus hereby grants you a limited license to use the Service only for the purposes of accessing, viewing and using the Service for non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes whatsoever. You must not change, delete or conceal any copyright or other notices contained in the Service, including notices on any service or material you download, transmit, display, print or reproduce from the Service. You shall not, nor will you allow any third party to reproduce, change, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website), or otherwise use, any material on the Service without the express prior written consent of 3Plus. Any unauthorized or prohibited use of any material may subject you to civil liability, criminal prosecution, or both, under the Applicable laws.

14. Warranty

• Service You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, 3Plus, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. 3Plus makes no warranties or representations about the accuracy or completeness of this Service's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the use of the Service or through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. 3Plus does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service.
• App & Website The App and Website is being provided for use to you with a limited warranty. The App and Website, is provided on an “as is” and “as available” basis without any warranties of any kind, and the company expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, quality, accuracy, timeliness, completeness, correctness or reliability of the Services. 3Plus makes no warranty that (i) the App and Website will meet your requirements, (ii) the App and Website will be uninterrupted, timely, secure, virus-free or error-free, (iii) the results or recommendations that may be obtained from the use of the App and Website will be accurate or reliable, or (iv) the quality of any services, information, or other material purchased or obtained by you through the service will meet your expectations. No information, advice or services obtained by you from 3Plus shall create any warranty not expressly stated here.

15. Limitation of liability

To the maximum extent permitted by the applicable laws, and under no circumstance shall 3Plus, its directors, employees or agents be liable to you or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of the Service, or following a failure, suspension or withdrawal of all or part of the Service at any time, any third party content, software or functions used in connection with the App even if 3Plus or any or all of its agents have been advised of the possibility of such damages. In any event, 3Plus shall not be liable to pay a user, for any damage whatsoever, an amount greater than INR 5,000/-.

16. Indemnification

You agree to indemnify, defend and hold harmless, 3Plus, its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) Your access to or use of the Service and related services; (ii) any breach by you of your obligations under this Agreement; (iii) Your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; or (v) your negligence or wilful misconduct. These obligations will survive termination of this Agreement.

17. Data Security

Each Party confirms and agrees that it shall at all times during the subsistence of this Agreement comply with the provisions of the Information Technology Act, 2000 and the applicable rules thereunder including without limitation the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.

18. Severability

It is desired and intended that the terms, provisions and covenants contained in this Agreement shall be enforceable to the fullest extent permitted by law. If any such term, provision or covenant thereof to any person or on any circumstances shall, to any extent, be construed to be invalid or unenforceable in whole or in part, then such term, provision or covenant shall be construed in a manner as to permit its enforceability under the Applicable law to the fullest extent permitted by law. In any case, the remaining provisions of this Agreement or the Service thereof to any person or circumstances, other than those to which they have been held invalid or unenforceable, shall remain in full force and effect.

19. Assignment

This agreement may be assigned by 3Plus to its successors and assigns including if there is any re-organization of 3Plus or transfer of ownership of the App.

20. The Applicable law & jurisdiction

Any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of India. The courts of Ernakulam, Kerala shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

21. Contact Us

If you have any questions or concerns about this Agreement or Privacy Policy or its implementation, you may contact us on the following e-mail ID:

E-mail: [email protected]