TERMS AND CONDITIONS OF USE
Date of last update: 05 JAN 2024
These terms and conditions of use (“Terms of Use”) along with other policies available on our platform forms a legally binding agreement between You and Ghanya Ventures Private Limited (“EARNWITHSUDOKU”, “Our”, “We”, “Us”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PLAYING ANY MOBILE GAMES OR/AND USING THE EARNWITHSUDOKU PLATFORM.
If You do not agree with any part of these Terms of Use or/and Privacy Policy, kindly refrain from playing any Mobile Games or otherwise using Our services on the Platform.
We have tried Our best to keep these Terms of Use as simple and short as possible. Nevertheless, We realise that despite all Our efforts, this is a rather long document. For Your convenience, We have summarised some of the key clauses and linked them to the relevant section. Bear in mind that the summary highlights just the key aspect of the relevant section and not the entire section itself. So please refer to the section itself to get the full picture.
Introduction
1.1. Ghanya Ventures Private Limited is an Indian company incorporated under the Companies Act, 2013. EARNWITHSUDOKU operates a mobile gaming portal in India, which offers various skill and learning based digital games developed by Third-Party Game Developers and other promotional and interactive features (collectively “Services”) through its web portal https://www.earnwithsudoku.com/, partner websites, mobile applications and other portals (collectively, the “Platform”).
1.2 . Capitalized terms used herein but not defined shall have the meanings ascribed to them under section 1.9 (Definitions and Interpretation) of this Agreement.
1.3 . This Agreement shall apply to all Persons who visit the Platform, or create a player Account including any contributors of content over the Platform, and/or any third party interacting with EARNWITHSUDOKU, directly or indirectly in official capacity or having/intending to have business or commercial relationships with EARNWITHSUDOKU, whatsoever (the “Users”, “You” or “Your”) as applicable..
1.4 . By registering on, browsing, downloading, using or accessing any part of the Platform or utilizing the Services, the Users agree to be bound by this Agreement.
1.5 . If at any time the User does not accept or agree to any terms of this Agreement, on a continuing basis in relation to any of the Services offered on the Platform, they should not access the Platform.
1.6 . EARNWITHSUDOKU reserves the right to periodically review, update, change or replace any part of these Terms of Use or other terms of the Agreement as it may consider appropriate at its sole and absolute discretion
1.7 . Any changes to these Terms of Use will be posted on this page wherever appropriate. The Users must visit this page periodically for updates on the Terms of Use applicable to their use of the Platform.
1.8 . Any Users’ continued usage of the Platform after any such update, change, replacement or modification in the Agreement constitutes their valid consent to such changes.
1.9 . Definitions
1.9.1 . “Agreement” shall mean these Terms of Use, the Privacy Policy and any other rules or policies available on the Platform including all other additional or modified terms and conditions and policies in relation to the Platform or any current or future services that may be offered by EARNWITHSUDOKU. This Agreement is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines) Rules, 2011. This Agreement is an electronic record generated by a computer system and does not require any physical or digital signatures.
1.9.2 . “Applicable Law” means all laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, orders, permits, tariffs and approvals, including those relating to health and safety, of any governmental authority or self-regulatory guideline that may apply to the Users or is related to the subject matter of this Agreement as applicable in the territory of India.
1.9.3 . “Contest” is a skill based competition offered by EARNWITHSUDOKU on the Platform in which Users compete either in a tournament or 1v1 battle by playing the Mobile Games on the Platform. Contests can be either ‘paid’ or ‘free to play’. Paid Contests require the Users to pay a Designated Amount for participation, whereas free to play Contests are open to all Users without requirement of any monetary payment.
1.9.4 . “Balance” is the credit (either in the form of cash or EARNWITHSUDOKU Tokens) available in an Account and includes amount added by a User through Deposits or/and earned through Winnings by participating in Contests on the Platform.
1.9.5 . “Deposit” is the amount added by the User to his/her Account through his/her preferred payment mode (e-wallet, debit/credit cards, UPI/BHIM, net banking). The Deposit conversion ratio is INR. 1/- (Rupees One Only) = INR 1 (one).
1.9.6 . “Designated Amount” refers to the amount which Users pay either in the form of cash Balance available in their Account to participate in a Contest on the Platform as their respective contribution to the Prize Money Pool.
1.9.7 . “Mobile Games” refers to the digital games of skill including fantasy games available on the Platform developed by EARNWITHSUDOKU or Third-Party Game Developers.
1.9.8 . “Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under the Applicable Law.
1.9.9 . “Prize Money Pool” is the actual or projected amount that is to be distributed amongst the winner(s) of the Contest and is declared at the start of the Contest.
1.9.10. “Sponsored Content” means content distinct from other regular editorial content provided by EARNWITHSUDOKU, and displayed on the Platform in the form of audio, video, text and/or image media which supports a third party’s brand message, promotional offers, discounts and/or views that are readily identifiable to belong to a third-party upfront through distinct and distinguishable font, colour, display schemes and/or usage of disclaiming words (such as “Ad”, “Powered by”, “Sponsored by”, “With”, “Advertorial” and such other phrase of similar meaning).
1.9.11 . “Sponsored Content Partner” means a User engaged with Us for the display of Sponsored Content on the Platform.
1.9.12 . “Third Party Game Developer” refers to any Person (natural or juristic) whose Mobile Game is available on the Platform.
1.9.13 . “EARNWITHSUDOKU Token” is an award in the form of EARNWITHSUDOKU tokens that may be given to any User at EARNWITHSUDOKU’s sole discretion for participating on the Platform.
1.9.14 “Winnings” are awards (either in the form of cash, EARNWITHSUDOKU Tokens or promotional gifts) given to one or more User(s) as per pre-declared format as a distribution of the Prize Money Pool for winning and/or ranking as a top-performer in a particular Contest on the Platform.
1.9.15 “XP” or “Experience Points” are promotional points that EARNWITHSUDOKU may offer to a user in order to be eligible for various discounts or benefits offered by EARNWITHSUDOKU.
1.10 . Interpretation
1.10.1 . Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided for.
1.10.2 . Headings and captions are used for convenience only and not for interpretation of the Agreement.
1.10.3 . Any reference to a natural Person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic Person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.
Eligibility
2.1 . Any browsing, registering, downloading, using or accessing by any Person of any part of the Platform or utilisation of any of the services offered by EARNWITHSUDOKU will be deemed to constitute a legal contract between the User and EARNWITHSUDOKU.
2.2 . A User may use the Platform if (a) it is a natural Person, as per any Applicable Law, regulation or generally accepted practices or guidelines applicable in the country of which User is a citizen, in which User is a resident or from where User uses the Platform; or (b) it is a juristic Person, as per any Applicable Law, regulation or generally accepted industry practices and guidelines applicable in the country where User is registered, where User maintains its principal office or from where User uses the Platform
2.3 . Any User who is “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. is not eligible to enter into this Agreement with EARNWITHSUDOKU.
2.4 . The Platform should not be used, installed, or played by any Person under the age of 18 years.
2.5 . No Person, whether an EARNWITHSUDOKU employee or not, who is involved in the development of Mobile Games or/and algorithms on the Platform can participate in any Mobile Games on the Platform, where such participation could alter, modify or unduly influence his/her performance on the Mobile Game, without express written permission of EARNWITHSUDOKU and subject to such terms and conditions as EARNWITHSUDOKU may seek to impose on such Person.
2.6 . The Mobile Games and the services available on the Platform are open only to Persons currently residing in India. Persons residing in the state of Assam, Odisha, Nagaland, Sikkim, Meghalaya, Andhra Pradesh, Tamil Nadu and Telangana, as well as the state of Gujarat for the game of Poker and related games (“Restricted States”) are prohibited from participating in any Mobile Games on the Platform, unless otherwise set out in the Special Rules/Terms or Agreement. Further, there may be certain games that may be restricted in some additional states. Please check the Special Rules/Terms of each Game to know more.
Special Terms for Tamil Nadu:
2.7 . Only those Users who have successfully registered on the Platform in the manner prescribed in section 3 (Nature and Use of the Platform), and who utilize the services of the Platform in accordance with the Agreement including these Terms of Use, shall be eligible to use the Platform.
2.8 . Certain services being provided on the Platform may be subject to additional conditions or rules applicable to a particular Mobile Game or Contest in that respect (“Game Terms”). Such Game Terms are deemed to be incorporated herein by reference. Users must agree to these Game Terms before playing any such Mobile Game or Contest on the Platform. To the extent that these Terms of Use are inconsistent with Game Terms, the Game Terms shall prevail.
2.9 . EARNWITHSUDOKU reserves the right to terminate any User’s Account and/or deny access to the Platform if it is brought to EARNWITHSUDOKU’s notice that a particular User has violated the Agreement including any of these Terms of Use.
Nature and use of the Platform
3.1 . EARNWITHSUDOKU provides the Platform to You on which You can play Mobile Games either offered by EARNWITHSUDOKU or independent Third Party Game Developers. The Platform is designed to provide You an in-app browsing experience through an embedded browser. These Mobile Games run online over the Platform and do not have to be separately downloaded or installed.
3.2 .Registration You may register by approving and agreeing to this Agreement and providing Your registered mobile phone number on the Platform. You will be verified by EARNWITHSUDOKU using a one-time password (“OTP”) system. Upon successfully verifying the OTP, a deposit cash and winnings cash account will be created for You (“Account”).
3.3 . By registering for an Account, You represent, warrant and agree that:
a) You fulfil the eligibility criteria as detailed in section 2 (Eligibility);
b) You are using Your actual identity and the mobile phone number you have provided is registered in Your own name;
c) You will provide only true, accurate, current, and complete information about Yourself, including optional information such as Your profile photograph, cover photograph, user-id, biograph, audio status etc., on the Platform (“User Details”);
d) You will maintain and promptly update the User Details and other information that You provide on the Platform to keep it true, accurate, current, and complete.
3.4 .The Users acknowledge that their User Details will be accessible to other User on the Platform and shall be available for EARNWITHSUDOKU to create promotional and interactive content over the Platform.
3.5 . Your Account is for Your personal use only. You shall not impersonate someone else. By creating an Account after providing a mobile phone number and verifying it using an OTP, You represent, warrant, and agree that You are authorized to use the Platform and will abide by the Agreement.
3.6 Privacy
a) Our privacy policy available at http://about.mpl.live/privacy/ (“Privacy Policy”) explains how We treat Your personal data and protect Your privacy when You use the Platform and our Services. By using the Platform, You agree that We can use Your data and other information according to the Privacy Policy.
b) You are responsible for maintaining the confidentiality of passwords associated with any device You use to access the Platform. Accordingly, You are solely responsible for all activities that occur with Your device. If You become aware of any unauthorised use of Your device, You are required to notify the relevant authorities as soon as possible.
c) By visiting the Platform and creating an account on the Platform, You grant EARNWITHSUDOKU and its group companies your irrevocable and informed consent to use your profile name, profile picture, and Winnings in a Contest and/ or Winnings in total on the Platform (“Your Profile Information“) for advertisements, promotions, offers, and any other sponsored content that EARNWITHSUDOKU and its group companies may display on the Platform or any other marketing channels, including its digital channels, television, print and publication, without requiring any further consent from You and without being required to pay any compensation to You.
d) You further grant to EARNWITHSUDOKU an exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works from Your Profile Information.
e) You understand, represent and accept that Your Profile Information or any related materials will not violate the rights of any third party rights or give rise to any claim that another party’s rights have been or will be violated as a result of EARNWITHSUDOKU’s use or publication of Your Profile Information. You understand and agree that You will be liable to EARNWITHSUDOKU for any damage or cost (including reasonable attorney fees) it may suffer arising out of its use of Your Profile Information. You also understand that you will not be entitled to receive any royalties for the use of your Profile Information by or through EARNWITHSUDOKU.
f) You understand and grant to EARNWITHSUDOKU, its subsidiaries, affiliates, successors and those acting with its authority, with respect to Your Profile Information all copyrights and derivative rights in Your Profile Information and a non-exclusive, perpetual right to use, publish, re-publish or reproduce Your Profile Information by any means EARNWITHSUDOKU sees fit for the purposes stated above.
g) By using the Platform, you irrevocably waive any claim against EARNWITHSUDOKU relating to the use of Your Profile Information and promise not to bring any such claim or action in the future. You also waive any right to inspect, modify, approve or disapprove the content, layout, representation, presentation or other aspect of Your Profile Information as recorded by EARNWITHSUDOKU during your use of the Platform.
3.7 Deposits
a) In order to participate in certain Contests, the Users may be required to pay a Designated Amount in the form of cash. Users may add cash to their Account by using any of the payment modes available on the Platform.
b) The Deposits may be used to participate in Contests in the manner provided under section 4 (Participation in Contests).
3.8 .Each User is solely responsible for all activities that occur under their Account, including the use of any of the Services on the Platform.
3.9 . EARNWITHSUDOKU grants such Users a non-transferrable, limited, non-exclusive and revocable privilege to register an Account on and use the Platform.
3.10 . If EARNWITHSUDOKU identifies that the same User Details are being used under multiple accounts, then EARNWITHSUDOKU at its sole discretion will terminate/deactivate the Account without the Users’ consent and any Deposit in the Account will not be refunded.
3.11 . EARNWITHSUDOKU, at its sole and absolute discretion and without any notice to the Users, reserves the right to restrict, suspend or terminate any Account or access to the Platform temporarily or permanently to any User.
3.12 . EARNWITHSUDOKU may, at its sole and absolute discretion restrict, change, suspend, or terminate any User’s access to all or any part of the Platform, including but not limited to:
a) reject, move, or remove any material that may be submitted by the User;
b) move or remove any content that is available on the Platform;
c) deactivate or delete an Account and all related information and files on their Account;
d) establish general practices and limits concerning use of the Platform and the services; and
e) assign its rights and liabilities with respect to all Accounts hereunder, to any entity.
3.13 . Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no ownership or other interest in their Account, and further acknowledge and agree that all rights in and to their Account are and shall forever be owned by and inure to the benefit of EARNWITHSUDOKU.
3.14 . The Users also accepts to receive news, updates, offers/campaign related SMS, to the mobile phone number provided by the User, except when prohibited under Applicable Laws.
3.15. Platform Fee Information
a) EARNWITHSUDOKU charges a Platform Fee from the User(s), for making available its e-platform where various games of skill & other content are available and providing the service to the Users to participate in those games of skill or consume the content as offered.
b) The Platform Fee for all the products/games is a a fixed rake % of the Designated Amount and is between 0% and 33% and under extreme exceptional cases may go beyond this range.
c) EARNWITHSUDOKU, in accordance with the Terms & Conditions of the Bonus Program, may give a Discount in the Platform Fee and thus the Designated Amount shall be accordingly recovered from the User’s Cash Balances.
d) This can be easily deduced from the Designated Amount and the total prize offered.
Some examples are as under :-
Platform Fee Examples
Tournaments
For each user who joins a cash tournament, EARNWITHSUDOKU Platform Fee is calculated as (1- Total Cash prize offered/(open slots x Designated Amount)) * Designated Amount
For example, in a 5 player tournament with Designated Amount of ??100, and the total cash prizes on offer is ??450.
The EARNWITHSUDOKU Platform Fee collected out of each user who is registering with ?? 100 will be equal to (1 – ??450/(??100 x 5)) * ??100 = ??10
The same calculation applies to tournaments hosted by Users, Pooled tournaments or Non-Guaranteed tournaments.
Pooled Tournaments = Tournaments where the Total winnings on offer increases with the number of slots filled in the tournament. However, the Platform Fee on each registration remains constant for any number of slots filled.
Non-Guaranteed Tournaments = Tournaments which get cancelled and all Designated Amount paid shall be refunded if the minimum number of users required did not join the tournament
Battles
For each successfully completed 2 player cash battle, EARNWITHSUDOKU Platform Fee is calculated as (1- Total Cash prize offered/(2 x Designated Amount)) * Designated Amount
For example, in a 2 player battle with Designated Amount of ?? 100, where the winner(s) gets ?? 180.
The EARNWITHSUDOKU Platform Fee collected out of each user who is registering with ?? 100 will be equal to (1 – ??180/(??100 x 2)) * ??100 = ??10
In the case of multiplayer battles where multiple players could win cash prizes, Total cash prize offered varies with the number of players participated in the battle
EARNWITHSUDOKU Platform Fee is calculated as (1- Total Cash prize offered per the number of players who participated/(number of players who participated x Designated Amount)) * Designated Amount
For example, let’s take the case of a 5 player battle with ?? 100 Designated Amount. When 3 players participate, if the total prize offered to all the winners in the battle is ?? 270.
Then EARNWITHSUDOKU Platform Fee collected out of each who is participating with ?? 100 will be equal to (1 – ??270/(??100 x 3)) * ??100 = ??10
Battle Arenas
Battle Arenas are a kind of battles where users pay a single Designated Amount to register. Players then compete with each other in a battle format.
By the end of the duration of the Battle Arena, players are ranked on a leaderboard based on the number of wins he/she had out of all the battles he/she played.
Cash Prizes are distributed to the winners based on their rank.
EARNWITHSUDOKU Platform Fee for such registrations is a preset percentage of the Designated Amount.
EARNWITHSUDOKU Platform Fee is subject to change as per EARNWITHSUDOKU policy without prior notice.
Fantasy Contests
For each user who joins a cash contest, EARNWITHSUDOKU Platform Fee is calculated as (1- Total Cash prize offered/(open slots x Designated Amount)) * Designated Amount
If a contest allows a user to register multiple teams, then each team registered by the user is counted as a slot filled in the contest.
For example, in a 5 player contest with Designated Amount of ??100, and the total cash prizes on offer is ??450.
The EARNWITHSUDOKU Platform Fee collected out of each user for each team he/she is registering with ?? 100 will be equal to (1 – ??450/(??100 x 5)) * ??100 = ??10
The same calculation applies to contests hosted by Users, Pooled contests or Non-Guaranteed contests.
Pooled contests = contests where the Total winnings on offer increases with the number of slots filled in the tournament. However, the Platform Fee on each team registration remains constant for any number of slots filled.
Non-Guaranteed contests = contests which get cancelled and all Designated Amounts paid shall be refunded if the minimum number of users required did not join the tournament
Audio Shows
All cash paid to other EARNWITHSUDOKU players for hosting or co-hosting Audio Shows are subject to a EARNWITHSUDOKU Platform Fee of 12% of the Cash paid.
For example if an EARNWITHSUDOKU players tips a host or a co-host of an audio show for ?? 50. Then EARNWITHSUDOKU Platform Fee described as Audio Transfer Charges of ??6 is deducted from the Host/Co-Hos
Points rummy
EARNWITHSUDOKU Platform Fee for each table is equal to sum of Rake % * Points Given * point value of the table by each of the players barring the winner.
Rake % varies across points rummy tables. It can be found when tapped on the info button at the top right of each table.
For example, in a 0.1 point value lobby with a rake % of 12%, in a round if 5 players were playing and one player won. Say each of the 4 players who lost gave 25 points each.
Then the total Platform Fee = 12% * 25*4 * 0.1 = RS.1.2
Pool Rummy
For example, in a pool rummy game of RS. 100 entry and 5 people have played it. Let’s say the Rake % for this table is 12%. Then in the current example, EARNWITHSUDOKU Platform Fee will be calculated as 12%* 100*5 = Rs.60
The Rake % varies from table to table and from time to time. You can check the value by taking on the info icon at the top right of each table.
Poker
EARNWITHSUDOKU Platform Fee for each Poker Lobby is calculated based on the amount that is put in the pot * Rake% for the table.
Rake % vary for each price point and also depends on the number of players in the hand.
For example – Rake % is at 4%* if only 2 people are playing in a hand in the 0.1/0.2 lobby. and is at 5%* is more than 2 people are playing in the hand.
if 3 players are playing a hand in the 0.1/0.2 lobby and the pot value becomes rs 10 then an amount of (10*0.05) = 50 paisa will be collected as a Platform Fee.
Each table has a pre-defined max limit of the Platform Fee that will be collected in each hand.
Information for both the rake% and the max limit on Platform Fee can be found by pressing the “i”(information button) on the top right side of the poker table.
As you play in higher lobbies the rake % and max Platform Fee that can be collected on the pot value and big blind relatively reduce.
EARNWITHSUDOKU Platform Fee is subject to change as per EARNWITHSUDOKU policy without prior notice.
3.16. Processing Fee
a) EARNWITHSUDOKU charges a ‘Processing Fee’ from the User(s) for facilitating withdrawal of Winnings at a game level or at the platform level through various modes, including to Bank Account and UPI.
b) The Processing Fee charged may vary as per the offers being offered by EARNWITHSUDOKU at any given time, and shall be informed to the Users prior to initiation of withdrawal at the game level or at the platform level.
c) EARNWITHSUDOKU may allow upfront discount on the Processing Fee in lieu of the accumulated XPs, as per the conversion ratio EARNWITHSUDOKU may decide and communicate to the Users from time to time for each withdrawal at the game or platform level
d) In accordance with the Terms & Conditions, EARNWITHSUDOKU reserves the right to revise the Processing Fee and its levy schedule at its sole discretion.
Participation in contest
4.1 . The Users may use the Platform to participate in a variety of Contests available on the Platform.
4.2 . In order to participate in a Contest, each User may be required to pay a Designated Amount to the Platform which is deducted from the Balance available in the Account of the User. The payment of the Designated Amount that Users make to participate in the Contest(s) is inclusive of the Platform fee for access to the EARNWITHSUDOKU Services charged by Us and User’s contribution towards Prize Money Pool.
4.3 . Each Contest has a pre-determined limit on the number of Users that can participate and a specified time before which entries must be made. A Contest is deemed to be a valid Contest on the Platform, only if the requisite number of Users register for the Contest before the prescribed entry time.
4.4 . Any amount received by EARNWITHSUDOKU as Designated Amount for participation in a Contest shall be non-refundable, except in the event that a Contest has been cancelled.
4.5 . Contests shall be announced by the EARNWITHSUDOKU from time to time in any manner that is convenient to the Company, and EARNWITHSUDOKU reserves the right to extend the participation and time limit for registration, cancel any Contest, and modify any terms, all with due notice to the Users of the Platform.
4.6 Winnings
a) Awards for all Contests shall be pre-declared at the time of registration in the specific rules applicable to such Contest. Awards may be in the form of EARNWITHSUDOKU Tokens, cash or promotional gifts.
b) Users are eligible to withdraw only Winnings from his/her Account to his/her respective bank/wallet account once it is validated and KYC (Know Your Customer) verified.
i. Please ensure Your bank account / UPI ID are active, failing which, We will be unable to process the withdrawal; and
ii. In case of withdrawal through a bank account or UPI, please ensure that the name on Your KYC document matches / is the same as the name of the account holder submitted for withdrawing Winnings. In the event the name on the KYC document does not match with the account holder’s name, the same shall be considered invalid. In such an event, You may retry adding your bank account details / UPI ID to ensure the name matches with the name on your KYC document.
c) KYC verification is mandatory as a proof of identity for making withdrawals from Your Account to Your bank/wallet account. KYC verification may be done through the Platform by providing certain details: (i) photograph of a valid government ID (Aadhaar Card, PAN Card etc.); and (ii) other User Details.
If you opt to provide your Aadhar card / Number for completion of KYC, you hereby: (i) Understand and agree that your Aadhar has been submitted only for completion of Your KYC verification; and (ii) You authorise Us to temporarily access Your Aadhar card and You understand that We will not be storing Your Aadhar number unless as prescribed by law.
d) EARNWITHSUDOKU does not issue receipts for entries in the Contests. The entries are accounted within the Account on the Platform. It is the responsibility of the Users to ensure that the entries are accurate and the Winnings are duly credited to his Account.
e) Tax/levies/duty etc., as applicable on prizes (in cash or otherwise), shall be shall be borne by the User. With effect from 01 April 2023, in compliance with updates in applicable law, TDS of 30% shall be deducted at the time of withdrawal on positive “net winnings” in a given financial year OR if there have been no withdrawals, as per closing balance at the end of the financial year. Financial year shall be calculated from 01 April to 31 March. Net winnings shall be calculated as follows:
Net winnings = [Cumulative withdrawals in the FY – (Cumulative deposits in the ongoing FY + Net winnings which have already been subjected to TDS during the ongoing financial year + Opening deposit balance as of 1st April 00:00)]
Net winnings shall also be adjusted to account for the following amounts: winning balance for the previous financial year (on which TDS is already deducted)
4.7 Return, Refund and Cancellation
a) In the event, that there is an error in the Services provided by us, we may refund the Designated Amount paid, provided the reasons are genuine and proved after investigation by EARNWITHSUDOKU.
b) Please read the rules of each Mobile Game and Contest before participating.
c) We do not cancel registrations once entered, however, in case of exceptional circumstances wherein the fault may lie with the payment gateway or from Our side, We will cancel your participation on request and refund the Designated Amount to You within a reasonable amount of time.
d) In case we cancel your participation in any Mobile Game or Contest as a result of this, We will return Your Designated Amount to You within a reasonable amount of time for You to redeem the same by playing other Contests on EARNWITHSUDOKU.
e) We will try Our best to create the best user experience for You. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase and in case of payments made through a payment gateway, payment refunds will be made to the same account.
4.8 A) Users must use any money in their Account within 365 days. EARNWITHSUDOKU shall have the right to directly forfeit any such unused amount after 365 (three hundred and sixty five) days with effect from 01 April 2023 (“Effective Date”) in accordance with the below mentioned terms. EARNWITHSUDOKU does not permit any cash withdrawal against any idle balance lying in any user’s EARNWITHSUDOKU account except in accordance with applicable law
4.8 B. Account Maintenance Fees (“Maintenance Fees”)
As on Effective Date, if a User’s Account is lying dormant for a period of 365 days, EARNWITHSUDOKU shall charge an Account Maintenance Fees to such User which shall be computed as follows.
i) For Deposit Account: The entire amount lying in the Deposit Account which shall be inclusive of any indirect taxes.
ii) For Winnings Account: EARNWITHSUDOKU will charge a upfront freezing fee (“Upfront Fee”) of INR X for all inactive accounts. X will be equal to the amount lying in the Winnings wallet of such inactive account subject to a maximum cap of INR 100. Amount X shall be inclusive of all taxes.
The Maintenance Fee is for defraying the technical costs involved in such freezing, holding any amounts in escrow for users etc and EARNWITHSUDOKU shall not be required to provide any warning before charging the Account Maintenance Fees. EARNWITHSUDOKU shall however issue a tax invoice to the User while charging the Account Maintenance Fees to such User.
In case, the User’s Account continues to be dormant beyond a period of 365 days, EARNWITHSUDOKU also reserves the right to charge monthly maintenance fees (“Monthly Maintenance Fee”) which shall be charged on the balance remaining in the Winnings Account of the User after deduction of the Upfront Fee (“Balance”). The Monthly Maintenance Fee shall be charged in monthly arrears starting 30 (thirty) days after the completion of 365 (three hundred and sixty-five) days of dormancy. The Monthly maintenance fee shall be equal to 8.33% of Balance and shall be inclusive of all taxes. The User shall not be given any warning before the charge of Monthly Maintenance Fee. EARNWITHSUDOKU shall however issue a tax invoice to the User while charging the Account Maintenance Fees to such User.
The User shall incur this Monthly Maintenance Fee until his / her account is re-verified by EARNWITHSUDOKU and unfrozen.
The User can unfreeze his / her account simply by logging in to his / her account and re-submitting KYC documents required by EARNWITHSUDOKU for re-verification of the account.
The User acknowledges and agrees that this measure is designed to prevent fraud / identity theft and is required to protect the User’s information and account. The Monthly Maintenance Fee is for defraying the technical and manpower costs involved in re-verification of the User’s account, holding amounts in escrow etc.
In case, the User does not unfreeze his account before the Balance becomes nil, the User’s account will be permanently blocked. The User will no longer be able to access this account and information associated with this account, however, this would not prevent the User from creating a new account on EARNWITHSUDOKU by following the process listed in this Terms of Use.
4.9 Bonus Program- Terms & Conditions
4.9.1 As part of its Business Promotion strategy, EARNWITHSUDOKU may run a Bonus Coin Promotion which is a Discount Program whereby the User is allowed to accumulate discount eligibility points (referred to as ‘Bonus Coin’) in a separate wallet referred to as ‘Bonus Wallet’.
4.9.2 Such Bonus Coins are granted as per various business promotion strategies that may be run by EARNWITHSUDOKU from time to time.
4.9.3 The Bonus Coins are subject to control by EARNWITHSUDOKU and the Company is free to put such restrictions on its availability, utilisation, inherent discount benefits, time validity, etc. as it may decided from time to time.
4.9.4 EARNWITHSUDOKU may allow upfront Cash Discount from the Platform Fee in lieu of the accumulated Bonus Coins in accordance with the conversion ratio as the Company may be decided from time to time for each Contest.
4.9.5 All Bonus Coins credited in the User account shall be valid for a period of 7 days from the date of credit. If the Bonus Coins are not utilised by the User over a period of 7 days or if the User is inactive on EARNWITHSUDOKU for a period of 7 days, unutilised Bonus Coins shall be automatically expired by EARNWITHSUDOKU
4.9.6 In the event of termination or blocking of a User’s account, any Bonus Coins granted to the user until such time shall expire immediately and the User shall not have any right or claim in respect of the Bonus Coins.
4.10 EARNWITHSUDOKU Cards
4.10.1 EARNWITHSUDOKU Cards is a feature in which the user needs to collect cards by doing certain tasks such as depositing money and playing games and then form sets and redeem them for real cash.
4.10.2 If a user collects all 9 cards and redeem them, he/she wins Rs 500 and enters the lucky draw contest where 3 random users are selected and a prize money of 9 lakhs is given out in total, split across the users at EARNWITHSUDOKU’s discretion.
4.10.3 Post the winner announcements, EARNWITHSUDOKU will try to contact the winners for 3 working days. If any of the winner(s) is not contactable, they shall be replaced with new winner(s) for that rank.
4.10.4 If the announced winner gets blocked before contacting, a new winner will be announced.
4.10.5 Winners would have to submit their own PAN and bank account details mandatorily. Submitting details of someone else’s bank account will result in cancellation of the prize money.
4.10.6 Once the winners have given their details, it can take a maximum of 15 days to get the money credited into their account.
4.10.7 EARNWITHSUDOKU reserves the right to modify the amount given out to winners anytime, without giving prior notice.
4.10.8 EARNWITHSUDOKU will credit the money directly into the bank account of the winners and not the EARNWITHSUDOKU wallet.
4.11. EARNWITHSUDOKU TOKENS
4.11.1 EARNWITHSUDOKU Tokens accumulated by a User are reflected in their Wallet on the Platform as ‘Token Balance.
4.11.2 EARNWITHSUDOKU Tokens are granted as per various business promotion strategies that may be run by EARNWITHSUDOKU from time to time. EARNWITHSUDOKU Tokens are subject to control by EARNWITHSUDOKU, and EARNWITHSUDOKU is entitled to put such restrictions on its availability, utilisation, inherent discount benefits, time validity, etc. as it may decide from time to time without any requirement for further notice or intimation.
4.11.3. As part of improvements to the Platform, EARNWITHSUDOKU shall discontinue issue/ award of new EARNWITHSUDOKU Tokens from 20 December 2021.
4.11.4. From 20 December 2021, all EARNWITHSUDOKU Tokens accumulated in a User’s Wallet shall be revoked and the EARNWITHSUDOKU Token balance will stand at Nil.
4.12 XP
4.12.1 A User can gain XP by engaging with more games on the Platform.
4.12.2 XPs are granted as per various business promotion strategies that may be offered by EARNWITHSUDOKU. XPs cannot be permanently held by users, and shall lapse in the manner and time provided by EARNWITHSUDOKU.
4.12.3 All XPs held by a User at a given time shall be visible to the User as part of their XP count.
4.12.4 XPs are subject to control by EARNWITHSUDOKU, and EARNWITHSUDOKU is free to put restrictions including on its availability, utilisation, inherent discount benefits, and time validity, as it may decide and communicate to the Users from time to time.
4.12.5 If the XPs accumulated by a User are not utilised by the User over a time period as specified by EARNWITHSUDOKU or in the event of termination or blocking of a User’s account, any XPs granted to the User until such time may be expired immediately and the User shall not have any right or claim in respect of the accumulated XPs.
Mobile Games
5.1 . The Platform is operated and designed to provide You an in-app browsing experience through an embedded browser. The Platform is per se a platform which offers Services and hosts Mobile Games by Third Party Game Developers. The Platform does not host, display or transmit any content owned by third parties on its servers, unless We either have a license or are not prohibited under the Applicable Laws, to do the same.
5.1.2 . The Mobile Games will have their own rules and code of conduct (“Game Rules”) which shall be adhered to by all Users at all times.
5.1.3 . When You play a Mobile Game, You agree and acknowledge that the Platform does not create and/or broadcast any content on its own accord and EARNWITHSUDOKU is not responsible or liable for the content or accuracy of the Mobile Game, including copyrights, that may be accessed by You through the Platform.
Games of skill
6.1 . The Mobile Games hosted by EARNWITHSUDOKU on the Platform are all Games of Skill (defined below). Different Mobile Games will reward different skills, but each game will reward certain skills, such as knowledge of the game, familiarity with rules, experience, reflexes, experience, practice, hand-eye coordination etc. Certain games may have pre-determined outcomes (Sudoku, Crosswords, Brick Breaker), which are achievable by the Users using their skills to play the games.
6.2 . Users must note that all Mobile Games available on the Platform are games where the success or/and performance of the Users depends predominantly upon their superior knowledge, training, attention, experience and adroitness (“Games of Skill”) in playing the game. ‘Games of Skill’, under Indian law, are excluded from the ambit of gambling legislations including, the Public Gambling Act of 1867 and other state enactments except in the Restricted States.
6.3 . Hence, the individuals residing in the Restricted States should not participate in any Contest or Mobile Games offered on the Platform. Any participation by such individuals shall be at their sole risk and discretion and EARNWITHSUDOKU shall not be liable to refund or reimburse any injury or damages suffered by such individuals.
6.4 . EARNWITHSUDOKU reserves the right to monitor all activities from the User’s Account on the Platform. If any User participates in any Contest or Mobile Games in violation of any central and/or state law(s) in India, EARNWITHSUDOKU reserves the right to cooperate with law enforcement agencies of the relevant state and report such participation or/and suspicious activity along with all relevant details of the concerned User. The users based out of Restricted States that are not permitted under applicable Laws to participate in specific or all games hosted on the Platform and shall not be permitted to connect to the Game and/or Platform by breaching security measures put in by the Company, including without limitation through a virtual private network.
6.5 . EARNWITHSUDOKU does not support, endorse or offer to any User ‘games of chance’ for money. Each Mobile Game and Contest available on the Platform has clearly defined rules and code of conduct. All Users are encouraged to read, understand and follow these rules to be successful in these games. EARNWITHSUDOKU shall not be liable if Users do not adhere to the Game Rules or otherwise engage in gambling or betting activities on the Platform.
Safety precaution and responsible gaming
7.1 . EARNWITHSUDOKU suggests that Users adopt a balanced approach while engaging with any of the Mobile Games on the Platform and safeguard themselves against any adverse effects. If played responsibly, Mobile Games (like other forms of sports) aim to encourage Users to develop their mental prowess, hand-eye co-ordination, competitiveness and encourage teamwork.
7.2 . You should take certain standard health and safety precautions while playing any Mobile Game, including taking adequate breaks, sitting at a reasonable distance from the screen, playing in a well-lit environment, and avoiding playing when tired, drowsy, intoxicated or under the influence of drugs Avoid playing without breaks over long periods of time as this could affect Your performance and could negatively impact hand-eye coordination, balance, and multi-tasking ability.
7.3 . The Platform or the Mobile Games offered on the Platform may contain flashing lights, realistic images, patterns and simulations which may cause certain side effects. If Your hands, wrists, arms, eyes or other parts of Your body become tired or sore while playing, or if You feel symptoms such as tingling, numbness, burning or stiffness, stop and rest before playing again. If You continue to have any of these above symptoms, please stop playing IMMEDIATELY and consult a doctor.
7.4 . If You play any Mobile Games on the Platform, give Yourself plenty of room to play and always be aware of Your surroundings. While playing any Mobile Game You may be moving around the play area and using Your hands to control gameplay. You must ensure that You are not near other people, objects, stairs, balconies, windows, walls, furniture or other objects that may pose a danger to You or could be damaged during the play. Never handle sharp or dangerous objects while playing any Mobile Game on the Platform.
7.5 . It is Your responsibility to control Your surroundings and movements at all times when playing the game to ensure that You don’t injure Yourself, any other persons, damage any property etc. Any playing of the Mobile Games is at Your own risk and EARNWITHSUDOKU shall not be liable for any death, injury or health complications resulting from Your use of the Platform.
7.6 . You agree that Your use of the Platform and to play the Mobile Games is at Your own risk, and it is Your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as You deem reasonably necessary for any injuries that You may incur while using the Platform.
7.7 . You hereby agree that if the terms of this Agreement are not adhered by You, EARNWITHSUDOKU will be irreparably damaged, and therefore You agree that the Platform shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect to any breach of this Agreement, in addition to any other remedies available under Applicable Law.
Community rules and code of conduct
8.1 . EARNWITHSUDOKU may provide Users with different communication channels such as forums, live audio sessions, live audio chat with other players participating in any Contest, community groups, chat-rooms or chat areas (“Communication Facilities”) designed to enable You to communicate with other Users on the Platform.
8.2 . EARNWITHSUDOKU only provides Users with the technical environment for an exchange of information. EARNWITHSUDOKU does not initiate, select the receiver and/or modify any information exchanges inter se amongst the Users through the Communication Facilities. Further, EARNWITHSUDOKU has no obligation to and does not monitor these Communication Facilities except when required to do so under the provisions of Applicable Law
8.3 . The User may use the Communication Facilities as made available to them by the Platform. EARNWITHSUDOKU may provide certain additional features or Communication Facilities to a select group of Users at its sole discretion. The Users do not have the right to claim any Communication Facilities on the Platform.
8.4 . EARNWITHSUDOKU may enable audio sessions and live chat-rooms on the Platform for the Users from time-to-time. These sessions or/and chat rooms will be conducted by other users to (i) organize trainings; (ii) provide tips to play Mobile Games; (iii) provide educational content; or (iv) conduct other interactive sessions on the Platform. The sessions or/and chat rooms may have an open entry or may be restricted to a limited number of Users at EARNWITHSUDOKU’s sole discretion. Users might be required to pay an ‘Access fee’ to participate in any of these live sessions or/and chat rooms hosted by EARNWITHSUDOKU on the Platform. The ‘Access Fee’ shall be subject to levy of applicable Goods & Services Tax and the Fee collected shall be inclusive thereof.
8.5 . You understand that, by using these Communication Facilities, You may be exposed to communications (including in written, verbal, electronic, digital, machine-readable or other form) that You might find objectionable. You understand that any content sent or appearing through the Communication Facilities is the sole responsibility of the User(s) transmitting such content and EARNWITHSUDOKU is not liable for any content posted on the Communication Channels.
8.6 . All Users of the EARNWITHSUDOKU Platform must comply with Applicable Law at all times while using the Services of Platform, including our Community Guidelines (refer to Annexure III for more details) and Communication Facilities and must not publish or distribute any content which: (a) violates an Applicable Law, goes against common decency, or breaches the general terms and conditions of the Agreement; or (b) violates any trademarks, patents, utility or design patterns, copyrights, trade secrets, or other proprietary rights of third parties; or (c) impersonate any real person, including without limitation EARNWITHSUDOKU or any other EARNWITHSUDOKU agent or employee; or (d) is obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature; or (e) is of an abusive, harassing, threatening or defamatory nature; or (f) seeks to unlawfully obtain login information or access to Accounts belonging to other Users; (g) contains personal data of third parties without their explicit consent; or (h) seek to collect, misuse, or disseminate any other User’s content or non-public personal information; or (i) is commercial, in particular promotional, in nature; (j) encourages or promotes gambling or money-laundering.
8.7 . All Users of the platform of EARNWITHSUDOKU shall read and fully understand our Community Guidelines before posting any content on our platform. By accepting the Terms and Use, the Users agree and acknowledge that they have read and fully understood the terms of the Community Guidelines. EARNWITHSUDOKU has a right to take appropriate and strict actions against any User violating such Community Guidelines.
8.8. Under no circumstances will EARNWITHSUDOKU or its third-party providers shall be liable for any errors, objections or omissions in any content or for any loss or damages of any kind incurred as a result of the content posted on its Platform.
Restrictions on your use of the Platform
9.1 . You will not use the Platform, or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement or under Applicable Law.
9.2 . You will not use the Platform, or any content provided thereof:
9.2.1 . to host, display, upload, modify, publish, transmit, update or share any information that belongs to another Person and to which the User does not have any right to;
9.2.2 . is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging,
9.2.3 . that is relating to or encourages money laundering or gambling, or is otherwise unlawful in any manner whatsoever;
9.2.4 . that harms minors in any way;
9.2.5 . that infringes any patent, trademark, copyright or other proprietary rights; violates any Applicable Law for the time being in force;
9.2.6 . that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
9.2.7 . which impersonates another Person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform or any other computer resource;
9.2.8 . that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) and like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder; threatens critical information infrastructure.
9.3 . You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Platform or any component or content thereof, available to third parties without the permission of EARNWITHSUDOKU.
9.4 . You will not circumvent or disable any digital rights management, usage rules, or other security features of the Platform; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platform; and not use the Platform in a manner that threatens the integrity, performance, or availability of the Platform.
9.5 . You will not attempt to or engage in any activity that may:
9.5.1 . reverse engineer, decompile or otherwise extract the source code related to the Platform or any part thereof, unless it is expressly permitted by EARNWITHSUDOKU to You in writing or is required by the Applicable Law;
9.5.2 . use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Platform or content thereof;
9.5.3 . collect information about Users for any illegal or unlawful purpose;
9.5.4 . create any Account by automated means or under false or fraudulent pretences for using the Platform;
9.5.5 . transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platform;
9.5.6 . use the Platform in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Platform, or interfere with any other Users’ use and enjoyment of the Platform;
9.5.7 . carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Platform or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Platform or any part of the Platform or any User of the Platform;
9.5.8 . forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Platform; and/or
9.5.9 . obtain any materials or information through any means not intentionally made available, in the opinion of EARNWITHSUDOKU, through the Platform.
9.6 . You will not impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any Person or entity, including, but not limited to Our officials, employees, agents, partners, affiliates, dealers and franchisees.
9.7 . If We detect any activity from Your User Account that is fraudulent, suspected to be defrauding the Platform, or if You are found colluding or participating in any kind of fraudulent activity on the Platform in any manner, then You shall be debarred from participating in any Contest available on the Platform.
9.8 . We reserve the right to deactivate or delete Your Account and all related information on it and forfeit related Balances and/or take any other appropriate action, at our sole and absolute discretion, in the event of any fraudulent, illegal or suspicious activities from Your Account on the Platform.
9.9 . Any deductions or forfeiture of Balances made from Your Account shall be made at Our sole and absolute discretion and shall not result in any liability on EARNWITHSUDOKU whatsoever. We may choose to provide a right of appeal to the User after deleting, closing or forfeiting the balances in his/her Account. However, such right shall be provided at the sole and absolute di