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Terms Of Service

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 ScoopWhoop Media Pvt. Ltd. (“ScoopWhoop Media Pvt. Ltd.”, “Our”, “We”, “Us”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PLAYING ANY MOBILE GAMES OR/AND USING THE ScoopWhoop Media Pvt. Ltd. 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. ScoopWhoop Media Pvt. Ltd. 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.oktested.go/, partner websites, mobile applications and other portals (collectively, the “Platform”).
  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.
  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 (the “Users”, “You” or “Your”).
  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.
  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.
  6. ScoopWhoop Media Pvt. Ltd. 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
  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.
  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.
  9. Definitions

    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 Tamasha. 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.
    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.
    3. “Contest” is a skill based competition offered by ScoopWhoop Media Pvt. Ltd. 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 an Entry Fee for participation, whereas free to play Contests are open to all Users without ant Entry-Fee.
    4. “Balance” is the credit (either in the form of cash or ScoopWhoop Media Pvt. Ltd. Tokens) available in an Account and includes the amount added by a User through Deposits or/and earned through Winnings by participating in Contests on the Platform.
    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).
    6. “Entry-Fee” refers to the fee which Users pay either in the form of cash Balance or ScoopWhoop Media Pvt. Ltd. Tokens available in their Account to participate in a Contest on the Platform.
    7. “Mobile Games” refers to the digital games of skill including fantasy games available on the Platform developed by ScoopWhoop Media Pvt. Ltd. or Third-Party Game Developers.

Eligibility

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 ScoopWhoop Media Pvt. Ltd. will be deemed to constitute a legal contract between the User and ScoopWhoop Media Pvt. Ltd..

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 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 ScoopWhoop Media Pvt. Ltd..

The Platform should not be used, installed, or played by any Person under the age of 18 years.

No Person, whether an ScoopWhoop Media Pvt. Ltd. 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 ScoopWhoop Media Pvt. Ltd. and subject to such terms and conditions as ScoopWhoop Media Pvt. Ltd. may seek to impose on such Person.

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, Tamil Nadu, Andhra Pradesh and Telangana (“Restricted States”) are prohibited from participating in any Mobile Games on the Platform.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.

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.

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.

ScoopWhoop Media Pvt. Ltd. reserves the right to terminate any User’s Account and/or deny access to the Platform if it is brought to ScoopWhoop Media Pvt. Ltd.’s notice that a particular User has violated the Agreement including any of these Terms of Use.

Winnings

  1. 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 ScoopWhoop Media Pvt. Ltd. Tokens, cash or promotional gifts.
  2. Users are eligible to withdraw only cash Winnings from his/her Account to his/her respective bank/wallet account once it is KYC (Know Your Customer) verified.

Deposits & Withdrawals

  1. In order to participate in certain Contests, the Users may be required to pay an Entry Fee in the form of cash. Users may add cash to their Account by using any of the payment modes available on the Platform.
  2. The Deposits may be used to participate in Contests in the manner provided under section 4 (Participation in Contests). There may be certain Contests which allow for payment of the Entry Fee in the form of ScoopWhoop Media Pvt. Ltd. Tokens or may allow for part payment of the Entry Fee in the form of ScoopWhoop Media Pvt. Ltd. Tokens and the remainder of the Entry Fee from the Deposit/Winnings.

    Each User is solely responsible for all activities that occur under their Account, including the use of any of the Services on the Platform.

    ScoopWhoop Media Pvt. Ltd. grants such Users a non-transferrable, limited, non-exclusive and revocable privilege to register an Account on and use the Platform.

    If ScoopWhoop Media Pvt. Ltd. identifies that the same User Details are being used under multiple accounts, then ScoopWhoop Media Pvt. Ltd. at its sole discretion will terminate/deactivate the Account without the Users’ consent and any Deposit in the Account will not be refunded.

    ScoopWhoop Media Pvt. Ltd., 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.

    ScoopWhoop Media Pvt. Ltd. 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:

    1. reject, move, or remove any material that may be submitted by the User;
    2. move or remove any content that is available on the Platform;
    3. deactivate or delete an Account and all related information and files on their Account;
    4. establish general practices and limits concerning use of the Platform and the services; and
    5. assign its rights and liabilities with respect to all Accounts hereunder, to any entity.

    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 ScoopWhoop Media Pvt. Ltd..

    The Users also accept to receive news, updates, offers/campaign related SMS, to the mobile phone number provided by the User, except when prohibited under Applicable Laws.

  3. 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:

    1. photograph of a valid government ID (Aadhaar Card, Driving License, PAN Card, Voter Card, Driving License etc.);
    2. other User Details.
  4. ScoopWhoop Media Pvt. Ltd. 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.
  5. Any tax/levies/duty etc., as applicable on material prizes, shall be paid by the winner of the game. Based on TDS (tax deducted at source) Rules for any sort of game winning in India, 31.2% TDS should be deducted on any winning above Rs.10,000/- in a single game.

Return, Refund and Cancellation

  1. In the event that there is an error in the Services provided by us, we may refund the Entry Fee, provided the reasons are genuine and proved after investigation by ScoopWhoop Media Pvt. Ltd..
  2. Please read the rules of each Mobile Game and Contest before participating.
  3. 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 Entry Fee to You within a reasonable amount of time.
  4. In case we cancel your participation in any Mobile Game or Contest as a result of this, We will return Your Entry Fee to You within a reasonable amount of time for You to redeem the same by playing other Contests on ScoopWhoop Media Pvt. Ltd..
  5. 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.

Users must use any money in their Account within 365 days. ScoopWhoop Media Pvt. Ltd. shall have the right to directly forfeit any such unused amount after 365 (three hundred and sixty five) days. The idle Balance amount lying in your account may be withdrawn only in exceptional circumstances, determined on a case to case basis on the sole discretion of ScoopWhoop Media Pvt. Ltd..

Referral program

  1. ScoopWhoop Media Pvt. Ltd. may offer referral programs (“Referral Program”) on the Platform to allow all its Users to receive certain rewards in the form of ScoopWhoop Media Pvt. Ltd. Tokens or cash (“Rewards”) for each player that they refer to play on the Platform
  2. All active Users of the Platform are eligible to participate in the Referral Program except in cases where an Account has been suspended or has otherwise been disallowed by ScoopWhoop Media Pvt. Ltd. from participation in the Referral Program.
  3. Only ‘successful referrals’ will be counted and eligible to receive the Rewards. A successful referral is an event in which a new User will register on the Platform and coScoopWhoop Media Pvt. Ltd.ete the sign-up by clicking on the referral link of the referrer or by putting the referrer’s unique referral code.
  4. Criteria to use the Rewards – The User will be able to use only a certain percentage of the cumulative Rewards (as permitted by ScoopWhoop Media Pvt. Ltd. from time to time) reflecting in his/her Account to join any of the upcoming tournaments on the Platform

Mobile Games

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.

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.

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 ScoopWhoop Media Pvt. Ltd. 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

The Mobile Games hosted by ScoopWhoop Media Pvt. Ltd. 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, which are achievable by the Users using their skills to play the games.

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.

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 ScoopWhoop Media Pvt. Ltd. shall not be liable to refund or reimburse any injury or damages suffered by such individuals.

ScoopWhoop Media Pvt. Ltd. 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, ScoopWhoop Media Pvt. Ltd. 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.

ScoopWhoop Media Pvt. Ltd. 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. ScoopWhoop Media Pvt. Ltd. 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

ScoopWhoop Media Pvt. Ltd. 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.

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.

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.

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.

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 ScoopWhoop Media Pvt. Ltd. shall not be liable for any death, injury or health complications resulting from Your use of the Platform.

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.

You hereby agree that if the terms of this Agreement are not adhered by You, ScoopWhoop Media Pvt. Ltd. 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

ScoopWhoop Media Pvt. Ltd. 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.

ScoopWhoop Media Pvt. Ltd. only provides Users with the technical environment for an exchange of information. ScoopWhoop Media Pvt. Ltd. does not initiate, select the receiver and/or modify any information exchanges inter se amongst the Users through the Communication Facilities. Further, ScoopWhoop Media Pvt. Ltd. has no obligation to and does not monitor these Communication Facilities except when required to do so under the provisions of Applicable Law

The User may use the Communication Facilities as made available to them by the Platform. ScoopWhoop Media Pvt. Ltd. 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.

ScoopWhoop Media Pvt. Ltd. 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

  1. organize trainings;
  2. provide tips to play Mobile Games;
  3. provide educational content; or
  4. 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 ScoopWhoop Media Pvt. Ltd.’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 ScoopWhoop Media Pvt. Ltd. on the Platform. The ‘Access Fee’ shall be subject to levy of applicable Goods & Services Tax and the Fee collected shall be inclusive thereof.

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 ScoopWhoop Media Pvt. Ltd. is not liable for any content posted on the Communication Channels.

All Users of the ScoopWhoop Media Pvt. Ltd. Platform must coy 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:

  1. violates an Applicable Law, goes against common decency, or breaches the general terms and conditions of the Agreement; or
  2. violates any trademarks, patents, utility or design patterns, copyrights, trade secrets, or other proprietary rights of third parties; or
  3. impersonate any real person, including without limitation ScoopWhoop Media Pvt. Ltd. or any other ScoopWhoop Media Pvt. Ltd. agent or eScoopWhoop Media Pvt. Ltd.oyee; or
  4. is obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature; or
  5. is of an abusive, harassing, threatening or defamatory nature; or
  6. seeks to unlawfully obtain login information or access to Accounts belonging to other Users;
  7. contains personal data of third parties without their explicit consent; or
  8. seek to collect, misuse, or disseminate any other User’s content or non-public personal information; or
  9. is commercial, in particular promotional, in nature;
  10. encourages or promotes gambling or money-laundering.

All Users of the platform of ScoopWhoop Media Pvt. Ltd. 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. ScoopWhoop Media Pvt. Ltd. has a right to take appropriate and strict actions against any User violating such Community Guidelines.

Under no circumstances will ScoopWhoop Media Pvt. Ltd. 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.