|1||Terms and Conditions
|2||ZAGPOINT is the flagship brand of ZAGZEN ONLINE SERVICES PVT LTD.
Through ZAGPOINT one can play a traditional Ludo, Carrom, pool and other skill games against any real player who is online & can also play against his / her friend.
One can also play against computer to practice his / her moves.
|3||Usage of ZAGPOINT
Certain ZAGPOINT Services being provided on ZAGPOINT may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail.
ZAGPOINT may, at its sole and absolute discretion:
Restrict, suspend, or terminate any Users access to all or any part of ZAGPOINT or ZAGPOINT Services;
Change, suspend, or discontinue all or any part of the ZAGPOINT Services;
Reject, move, or remove any material that may be submitted by a User;
Move or remove any content that is available on ZAGPOINT;
Deactivate or delete a Users account and all related information and files on the account;
Establish general practices and limits concerning use of ZAGPOINT;
In the event any User breaches, or ZAGPOINT reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used ZAGPOINT or the ZAGPOINT Services, ZAGPOINT may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such Users access to all or any part of ZAGPOINT or the ZAGPOINT Services, deactivate or delete the Users account and all related information on the account, delete any content posted by the User on ZAGPOINT and further, take technical and legal steps as it deems necessary.
If ZAGPOINT charges its Users a platform fee in respect of any ZAGPOINT Services, ZAGPOINT shall, without delay, repay such platform fee in the event of suspension or removal or the Users account or ZAGPOINT Services on account of any negligence or deficiency on the part of ZAGPOINT, but not if such suspension or removal is effected due to:
Any breach or inadequate performance by the User of any of these Terms and Conditions; or
Any circumstances beyond the reasonable control of ZAGPOINT.
Users consent to receiving communications such as announcements, administrative messages and advertisements from ZAGPOINT or any of its partners, licensors or associates
|6||ZAGPOINT includes a combination of content created by ZAGPOINT, its partners, licensors, associates and/or Users. The intellectual property rights("Intellectual Property Rights") in all software underlying ZAGPOINT and the ZAGPOINT Services and material published on ZAGPOINT, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by ZAGPOINT, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on ZAGPOINT either in whole or in part without express written license from ZAGPOINT.
Users may request permission to use any ZAGPOINT content by writing in to ZAGPOINT Helpdesk.
Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on ZAGPOINT ("Users Content"). Each User represents and warrants that he/she owns all Intellectual Property Rights in the Users Content and that no part of the Users Content infringes any third party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on ZAGPOINT. Users agree to indemnify and hold harmless ZAGPOINT, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on ZAGPOINT, by such User or through the Users commissions or omissions.
Users hereby grant to ZAGPOINT and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users Content for any of the following purposes:
Displaying Users Content on ZAGPOINT
Distributing Users Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or
Storing Users Content in a remote database accessible by end users, for a charge.
This license shall apply to the distribution and the storage of Users Content in any form, medium, or technology.
All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on ZAGPOINT(s) belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to ZAGPOINT.
|7||Third Party Sites, Services and Products
|8||ZAGPOINT may contain links to other Internet sites owned and operated by third parties. Users use of each of those sites is subject to the conditions, if any, posted by the sites. ZAGPOINT does not exercise control over any Internet sites apart from ZAGPOINT, and cannot be held responsible for any content residing in any third party Internet site. ZAGPOINTs inclusion of third-party content or links to third-party Internet sites is not an endorsement by ZAGPOINT of such third-party Internet site.
Users correspondence, transactions or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users correspondence, transactions and usage of the services of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services of such third party. User agrees that ZAGPOINT will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
ZAGPOINT contains content that is created by ZAGPOINT as well as content provided by third parties. ZAGPOINT does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the ZAGPOINT Services provided on ZAGPOINT including while participating in any of the contests hosted on ZAGPOINT.
Restricting, suspending, or terminating any Users access to all or any part of ZAGPOINT Services;
Deactivating or deleting a Users account and all related information and files on the account. Any amount remaining unused in the Users Game account or Winnings Account on the date of deactivation or deletion shall be transferred to the Users bank account on record with ZAGPOINT subject to a processing fee (if any) applicable on such transfers as set out herein; or
Refraining from awarding any prize(s) to such User.
Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by ZAGPOINT). Users further agree to update and keep updated their registration information.
A User shall register or operate more than one User account with ZAGPOINT.
Users agree to ensure that they can receive all communication from ZAGPOINT by marking e-mails from ZAGPOINT as part of their "safe senders" list. ZAGPOINT shall not be held liable if any e-mail remains unread by a User as a result of such e-mail getting delivered to the Users junk or spam folder.
Any password issued by ZAGPOINT to a User may not be revealed to anyone else. Users may not use anyone elses password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify ZAGPOINT of any unauthorized use of their passwords or accounts or any other breach of security.
Users agree to exit/log-out of their accounts at the end of each session. ZAGPOINT shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorized third party software designed to modify or interfere with ZAGPOINT Services and/or ZAGPOINT experience or assist in such activity.
Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying ZAGPOINT or ZAGPOINT Services.
Users agree that without ZAGPOINTs express written consent, they shall not modify or cause to be modified any files or software that are part of ZAGPOINTs Services.
Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support ZAGPOINT or the ZAGPOINT Services (each a "Server"); or (2) the enjoyment of ZAGPOINT Services by any other User or person.
Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt ZAGPOINT Services or any other persons use or enjoyment of ZAGPOINT Services.
on ZAGPOINT without the express written consent of ZAGPOINT;
To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
To advertise, offer or sell any goods or services for any Users shall not attempt to gain unauthorized access to the User accounts, Servers or networks connected to ZAGPOINT Services by any means other than the User interface provided by ZAGPOINT, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of ZAGPOINT Services.
|13||User Conduct (a)
|14||Without limiting the foregoing, Users agree not to use ZAGPOINT for any of the following:
To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another persons computer, ZAGPOINT, any software, hardware, or telecommunications equipment;
To advertise, offer or sell any goods or services for any commercial purpose commercial purpose on ZAGPOINT without the express written consent of ZAGPOINT;
To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
To restrict or inhibit any other user from using and enjoying any public area within our sites;
To collect or store personal information about other Users;
To interfere with or disrupt ZAGPOINT, servers, or networks;
To impersonate any person or entity, including, but not limited to, a representative of ZAGPOINT, or falsely state or otherwise misrepresent Users affiliation with a person or entity;
To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through ZAGPOINT or to manipulate Users presence on ZAGPOINT(s);
To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
If a User chooses a username that, in ZAGPOINTs considered opinion is obscene, indecent, abusive or that might subject ZAGPOINT to public disparagement or scorn, ZAGPOINT reserves the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts from ZAGPOINT, deny such User access to ZAGPOINT, or any combination of these options.
Unauthorized access to ZAGPOINT is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access ZAGPOINT by any means other than through the interface that is provided by ZAGPOINT for use in accessing ZAGPOINT. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
Use of ZAGPOINT is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit ZAGPOINTs right to comply with governmental, court, and law-enforcement requests or requirements relating to Users use of ZAGPOINT.
Users may contact ZAGPOINT Helpdesk with problems or questions, as appropriate.
Persons below the age of eighteen (18) years are not allowed to make any purchases or redemption on ZAGPOINT & consequent participation in any activity on ZAGPOINT Website or application is not permitted and such person is subject to disqualification at the sole and absolute discretion of ZAGPOINT, whenever it comes to the knowledge of ZAGPOINT.
ZAGPOINT believes that parents should supervise their childrens online activities and consider using parental control tools available from online services and software manufacturers that help provide a child- friendly online environment. These tools can also prevent children from disclosing online their name, address and other personal information without parental permission.
Although persons below the age of 18 years are allowed to use certain ZAGPOINT Services on the ZAGPOINT & it is limited to play only on practice mode.
ZAGPOINT may not be held responsible for any content contributed by Users on the ZAGPOINT.
|16||In order to register for the Contest(s), Participants may require to accurately provide the following information:
Name or User Name,
Date of birth,
For getting any winning amount, participant may require to share his /her bank account details correctly
ZAGPOINT is not liable for any transaction, if details provided by the user are incorrect.
A participant will receive his/ her winnings in his bank account within 24-48 hrs of submitting redeem request.
If there is any delay in receiving the winning amount, a participant can directly contact ZAGPOINT Helpdesk.
Participants may also require to confirm that they have read, and shall abide by, these Terms and Conditions.
In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Odisha or Telangana, such Participant will not be permitted to proceed to sign up for any round in the paid version of the Contest as described below.
|17||Contest(s), Participation and Prizes
|18||ZAGPOINT offers a platform where one can purchase coins/points on ZAGPOINT through Credit card, Net Banking, Debit card or upi wallet. Through purchased coins/points a participant can challenge his / her friend or any random online player & can play a game against any opponent by selecting a proper playing table.
Any player who lose the game, will get its coins/points deducted at the very instant of losing the game equivalent to the playing table amount & the player who wins the game will get the winning coins/points in his ZAGPOINT wallet.
For every winning, ZAGPOINT will deduct 18 % of the winning coins/points as a Platform fee & GST Taxations
Winning coins/points would be immediately reflected in the winners ZAGPOINT Wallet after deduction of ZAGPOINT platform fee.
A participant can redeem his/ her coins/points into the bank account by submitting a redeem request & by providing correct bank details.
A participant can redeem coins/points from his / her ZAGPOINT wallet if & only if participant’s ZAGPOINT wallet has minimum of 200 coins/points.
ZAGPOINT shall not charge any processing fee for the online transfer of winning amount from user’s wallet to the Users bank account on record with ZAGPOINT. Users are requested to note that they will be required to provide correct bank details accordingly.
Any player who exits the game in between or not play on his turn for thrice would be considered a loser & coins/points would be deducted from his account & credited to winner’s wallet.
ZAGPOINT is not liable for any network connectivity issue faced by user.
ZAGPOINT will give user 120 seconds (2 minutes) of airtime to resettle its connectivity & completion of game.
Only a participant can use his/her coins/points in 1 on 1 mode & Friends mode. Coins/points would be unutilized in practice mode.
|19||Legality of Game of Skill
|20||Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
The contest described above is prominently a game of skill, once you get that number how you play involves a strategy, planning & skill. Do you move the same token over and over again until it reaches the end? Or do you move different tokens at different times to ensure that they stay safe and away from the opponent’s tokens? Or do you use your token to kill the opponent’s tokens? How to manage your tokens on the safe points (stars) to let it unaffected by opponent’s token
Ludo, Carrom, Pool and other skill games are a game where lot of concentration, planning, strategy to understand opponent’s planning is required to win a game.
A player with good experience & understanding of game playing skills with best of strategy building skills along with excellent presence of mind can dominate.
ZAGPOINT therefore offers a practice mode to let all players play & test their skills before joining any paid mode,
ZAGPOINT highly recommends that if a player is inexperienced or not good with game playing skills then he/ she should spent lot of time playing on practice mode to enhance his /her skills as skills are really required to correctly strategize the moves after getting a number on roll of dice
So a participant should have a high level of skill & need to have a good strategy in order to successfully win the skill games.
By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
|22||The Contest(s) are open only to persons above the age of 18 years.
The Contest(s) are open only to persons, currently residing in India.
ZAGPOINT may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Assam, Odisha or Telangana may not participate in the paid version of the Contest as the laws of these states bar persons from participating in games of skill where participants are required to pay to enter.
Persons who wish to participate must have a valid email address.
Only those Participants who have successfully registered on the ZAGPOINT as well as registered prior to each round in accordance with the procedure outlined above shall be eligible to participate in the Contest and winnings.
|24||All prizes shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money.
|26||The decision of ZAGPOINT with respect to the awarding of prizes shall be final, binding and non- contestable.
Participants playing the paid formats of the Contest(s) confirm that they are not residents of any of the following Indian states - Assam, Odisha or Telangana. If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the abovementioned states, ZAGPOINT shall disqualify such Participant and forfeit any prize won by such Participant. Further ZAGPOINT may, at its sole and absolute discretion, suspend or terminate such Participants account with ZAGPOINT. Any amount remaining unused in the Users Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the Users bank account on record with ZAGPOINT, subject to the processing fee (if any) applicable on such transfers as set out herein.
If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), ZAGPOINT shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, ZAGPOINT may, at its sole and absolute discretion, suspend or terminate such Participant.
All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.
|28||If it comes to the notice of ZAGPOINT that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of ZAGPOINT that conduct of any such Contest(s) is prohibited, then ZAGPOINT shall withdraw and / or cancel such Contest(s) without prior notice to any Participants or winners of any Contest(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest, or contest it in any manner.
|29||Release and Limitations of Liability
|30||Users shall access the ZAGPOINT Services provided on ZAGPOINT voluntarily and at their own risk. ZAGPOINT shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the ZAGPOINT Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
By entering the ZAGPOINT and accessing the ZAGPOINT Services provided therein, Users hereby release from and agree to indemnify ZAGPOINT, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the ZAGPOINT Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
ZAGPOINT accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties
Users shall be solely responsible for any consequences which may arise due to their access of ZAGPOINT Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to ZAGPOINT Services, including provision of incorrect address or other personal details. Users also undertake to indemnify ZAGPOINT and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by ZAGPOINT on account of such act on the part of the Users.
Users shall indemnify, defend, and hold ZAGPOINT harmless from any third party/entity/organization claims arising from or related to such Users engagement with the ZAGPOINT or participation in any Contest. In no event shall ZAGPOINT be liable to any User for acts or omissions arising out of or related to Users engagement with the ZAGPOINT or his/her participation in any Contest(s).
In consideration of ZAGPOINT allowing Users to access the ZAGPOINT Services hosted on the ZAGPOINT, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against ZAGPOINT, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of ZAGPOINT Services or related to the Contests or the prizes of the Contests.
|32||To the extent permitted under law, neither ZAGPOINT nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
To the extent permitted under law, ZAGPOINT shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, ZAGPOINT services or sites, cancellation of competition and prizes. ZAGPOINT disclaims any responsibility for, and if a User pays for access to one of ZAGPOINTs Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by ZAGPOINTs maintenance on the servers or the technology that underlies our sites, failures of ZAGPOINTs service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, ZAGPOINT does not provide any warranty as to the content on the ZAGPOINT(s). ZAGPOINT(s) content is distributed on an "as is, as available" basis.
Any material accessed, downloaded or otherwise obtained through ZAGPOINT is done at the Users discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to Users computer system or loss of data that results from a Users download of any such material.
ZAGPOINT shall make best endeavors to ensure that the ZAGPOINT(s) is error-free and secure, however, neither ZAGPOINT nor any of its partners, licensors or associates makes any warranty that:
The ZAGPOINT(s) will meet Users requirements,
ZAGPOINT(s) will be uninterrupted, timely, secure, or error free
The results that may be obtained from the use of ZAGPOINT(s) will be accurate or reliable; and
The quality of any products, ZAGPOINT Services, information, or other material that Users purchase or obtain through ZAGPOINT.com(s) will meet Users expectations.
In case ZAGPOINT discovers any error, including any error in the determination of Winners or in the transfer of amounts to a Users account, ZAGPOINT reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the Users account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, ZAGPOINT agrees to notify the User of the error and of the exercise of the remedy (ies) to rectify the same.
To the extent permitted under law, neither ZAGPOINT nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
Any ZAGPOINT Services, events or Contest(s) being hosted or provided, or intended to be hosted or provided by ZAGPOINT and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant ZAGPOINT Services, events or Contest(s) are hosted or provided.
To the extent permitted under law, in the event of suspension or closure of any Services, events or Contests, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.