Terms & Conditions

Date of last update: 8th November 2022

The mobile application, TradingLeagues (“Platform”) is operated and run by Rain Platforms India Private Limited (“Rain Platforms” or “we” or “us” or “our”). Any person (“User” or “Users” or “you” or “your”) browsing, registering, accessing or using the Platform for participating in any of the leagues and games (“Games”) available on the Platform, shall be bound by these terms and conditions (“Terms”), Privacy Policy at [•][b] (“Privacy Policy”), all other rules, regulations and Terms referred to herein or provided by Rain Platforms in relation to any of the Games and all applicable local, State, national and international laws, rules and regulations. You agree and acknowledge that you have completely read and understood these Terms and our Privacy Policy, incorporated herein by reference, as amended from time to time. You agree, covenant, and undertake to be bound by the specific rules and regulations of each of the Games as applicable.

If you do not agree with any part of these Terms or Privacy Policy, kindly refrain from participating in any Games hosted on the Platform.  

Any changes to these Terms will be posted on this page of the Platform wherever appropriate. The User must visit this page periodically to stay updated on the Terms applicable to their use of the Platform. Any User’s continued usage of the Platform after any such update, change, replacement or modification in the Agreement constitutes their valid consent to such update, change, replacement or modification.

These Terms constitute a legally binding document between you and Rain Platforms. The Terms are published in accordance with the provisions of the Information Technology Act, 2000 and the rules made thereunder. It is an electronic record generated by a computer system and does not require any physical, electronic or digital signatures.

  1. Definitions

  1. “Agreement” shall mean these Terms, 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 Rain Platforms.

  1. “Applicable Law” means all laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, notifications, 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 Republic of India.

  1. “Balance” is the credit available in User’s wallets and includes the amount added by a User through Deposit, Winnings earned by participating in the Games and Rain Credits earned by a User. The Balance is held in trust by the Platform. 

  1. “Deposit” is the amount added by the User to their Deposit Wallet through any preferred payment mode (e-wallet, debit/credit cards, UPI/BHIM, net banking).

  1. “Designated Amount” refers to the amount which Users pay from the Balance to participate in the Games as their respective contribution to the Prize Money Pool.

  1. “Prize Money Pool” is the actual or projected amount that is to be distributed amongst the winner(s) of the Games and is declared at the start of the Games.[c]

  1. “Rain Credits” are awards in the form of tokens/credits that may be given to any User at Rain Platform’s sole discretion.

  1. “Winnings” means the amount won by a User upon completion of the Games.

  1. Eligibility

  1. Any browsing, registering, downloading, using or accessing by any person of any part of the Platform or accessing any of the Games offered by Rain Platforms will be deemed to constitute acceptance of the Agreement by the User thereby resulting in a legal and binding contract between the User and Rain Platforms.

  1. Subject to Clause 2.3, the Games hosted in Rain Platforms shall be accessed only by Users who are adult residents of India as per Applicable Law who are not residing in the Restrictive States (defined below).

  1. Certain Indian States either restrict or prohibit online gaming (“Restrictive States”). Rain Platforms may, in accordance with the laws prevailing in Restrictive States, bar individuals residing in those States from participating in the Games. Currently, individuals residing in the Indian States of Andhra Pradesh, Meghalaya, Nagaland, Odisha, Telangana, Sikkim are not allowed to participate in the paid versions of the Games as per the Applicable Law. Access to the Platform may be restricted to the Users from Restrictive States including but not limited to playing Games involving real money.[d] The User is aware of the Applicable Law and will not access the Platform in violation of the same.

  1. You agree, acknowledge and give permission to the Platforms to use certain technologies for monitoring of activities including logging of your IP address to ascertain and verify your geographical location for compliance with Applicable Law.[e]

  1. Rain Platforms does not allow the Users residing in the Restrictive States or outside the territory of India to play the Games with real money on the Platform. The Users agree and acknowledge that if a person residing in such Indian State or a person resident outside India becomes a User by giving false information, the liability shall be solely of the User. Rain Platforms reserves the right to delete/remove such User from the Platform without any notice and such User shall not have any right to redeem, demand or withdraw the Balance.[f]

  1. You agree and accept that Rain Platforms shall not be liable or responsible for the breach of applicable State laws by any User. There may be applicable penalties imposed on such Users by the respective State Governments or the Central Government of India as the case may be. Rain Platforms reserves the right to extend full cooperation to the respective State Governments or the Central Government in respect of any wrongdoing committed by the User in relation to the Platform.

  1. Users from all Indian States have to always ensure that they are complying with the Applicable Law and we will attempt to post any changes that we see appropriate to better educate the Users. You agree and acknowledge that our decision in this regard will be final and binding, and no consideration, whatsoever, will be extended to the User.

  1. 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 Rain Platforms.

  1. The Platform should not be used, installed, or played by any person under the age of eighteen (18) years.

  1. No person, whether an employee of Rain Platforms or not, who is or was involved in the development of Games or/and algorithms on the Platform shall participate in the Games on the Platform, where such participation could alter, modify or unduly influence their performance with respect to the Games, without express written permission of Rain Platforms and subject to such terms and conditions as Rain Platforms may seek to impose on such person.[g]

  1. Only those Users who have successfully registered on the Platform in the manner prescribed in these Terms, and who utilize the services of the Platform in accordance with the Agreement, shall be eligible to use the Platform. Certain Games hosted on the Platform may be subject to additional rules and regulations applicable to each of the Games (“Rules & Regulations”). Such Rules & Regulations are deemed to be incorporated herein by reference. By accessing the Platform and the Games, Users accept the Rules & Regulations. To the extent that these Terms are inconsistent with Rules & Regulations, the Rules & Regulations shall prevail.[h][i]

  1. Rain Platforms reserves the right to terminate any User’s account or deny access to the Platform if it is brought to our notice that a particular User has violated the Agreement including any of these Terms.

  1. Registration

  1. In order to utilize the Platform and participate in the Games offered by Rain Platforms, a User is required to register on the Platform. You are not authorised to participate in the Games until you have been granted an Account (defined below).

  1. If you wish to become a registered User, you will need to create an account on our Platform (“Account”). Each User is only permitted to open 1 (one) Account. Rain Platforms reserves the right to terminate or suspend any duplicate Account.

  1. Users must register themselves on the Platform by providing the following details:

  1. name;
  2. e-mail ID;
  3. age;
  4. Address and Postal Index Number (Pin Code);
  5. mobile number and the one-time password (“OTP”) received subsequently;
  6. password;
  7. bank account details; and
  8. Permanent Account Number (“PAN”).[j]

  1. You are required to provide only true, accurate, current, and complete information about yourself, including optional information such as your profile photograph, cover photograph, user-id, biography, etc., while registering[k]. The User is solely responsible for maintaining the confidentiality and security of all activities that occur on or through your access of the Platform.

  1. Upon creation of the Account, you will be able to use our Platform and play the Games hosted by us. The Users may be required to pay the Designated Amount in order to participate in the Games. Users may make such payment from their Balance.[l] 

  1. The Users will have an option to choose their avatar image and enter an avatar name unique to each User[m]. The Users shall not be allowed to change their avatar name once it is registered with us.

  1. You agree and acknowledge that the Account can be terminated by us by giving notice to you, for any reason deemed fit by Rain Platforms in its sole discretion.

  1. You represent and warrant to us that, throughout the course of your usage of our Platform, you will not permit other persons to access or use your Account. If you permit other persons to access or use your Account, you do so at your own sole risk as to any consequences. You further agree and accept that you shall not access or use the Platform through the Account of another User.

  1. 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 Rain Platforms.

  1. Your Account is for your personal use only. You shall not impersonate any other person. By creating an Account after providing a mobile phone number and verifying it using an OTP[n], you represent, warrant, and agree that you are authorized to use the Platform and will abide by the Agreement.

  1. The Users are prohibited from operating multiple accounts. If it comes to the knowledge of Rain Platforms that a User is operating multiple accounts, Rain Platforms reserves the right to restrict, ban, suspend or terminate such User’s accounts, at its sole and absolute discretion without any notice. Any cash or credit balances in such User’s Account is liable to be consolidated into the Account with the highest cash or credit balances or forfeited at the sole discretion of Rain Platforms, depending on whether such Account is an alias or an Account associated with actual or potential frauds[o].

  1. You may also be required to verify any credit card/bank account you use to add to the Deposit or withdraw your amount won from the Games subject to the terms of withdrawal.

  1. Where Rain Platforms conducts any customer identity checks, this neither implies that Rain Platforms is statutorily required to conduct such checks nor liable for any inaccuracy in customer verification that cannot be directly attributable to Rain Platforms’ gross negligence. You are responsible for completing your ‘Know Your Customer’ (KYC) checks with your respective banks, financial institutions, card associations and other payment system providers as defined under the Payment and Settlement Systems Act, 2007 (Payment System Providers), with whom Rain Platforms has entered into an arrangement to facilitate payment transactions (i.e. to send or receive funds via the Platform) using the services of such Payment System Providers. Rain Platforms conducts such checks as a measure to reduce financial crime in its multiple forms, such as online fraud, money laundering, or the financing of terrorism. The User agrees to comply with customer identity checks or other related policies of the Platform from time-to-time and to provide any information on request of law enforcement agencies. The User agrees to update the information on any change in Applicable Law. 

  1. You acknowledge that your participation in the Games available on the Platform is purely voluntary and at your sole discretion and risk. User acknowledges that the Platform is for recreational purposes only. The User is aware of the rules of the Games and agrees to acquaint themselves in interpreting the data points, market data, trends, analysis, news available in public domain.

  1. OVERVIEW OF The Platform and The GAMES

  1. Rain Platforms facilitates the following format of the Games in its Platform:

  1. ‘Battle League’, where the Users predict which of two given shares would perform better at the stock market over a fixed period, relative to each other, and win rewards based on the accuracy of their predictions. The Users will be provided with an option to choose their Designated Amount, duration of the Games and the start time.

  1. ‘Target League’, where the Users predict the price movement of a given share in the stock market, based on certain price bands provided on the Platform, over a certain period and win rewards based on the accuracy of their predictions. The Users will be provided with an option to choose their Designated Amount, duration of the Games and the start time.

  1. ‘Selection League’, where the User chooses a set of virtual shares (that are allocated a fictional value based on the price of actual shares traded on the exchanges) and creates a ‘virtual portfolio’. The performance of the shares in the virtual portfolio is translated into points, based on which, the winner is decided. The Users will be provided with an option to choose their Designated Amount, duration of the Games and the start time.

  1. ‘Classic League’, where the User performs a series of trades in the form of fictitious ‘buys’ and ‘sells’ of virtual shares, whose artificial prices are benchmarked to actual shares traded on the exchanges. There is no actual sale or purchase of shares: when a User sells, there is no actual buyer; and when a User buys, there is no actual seller. The User who realises the maximum artificial ‘proceeds’ through their trades becomes the winner of a cash prize that has no connection to the quantum of such artificial proceeds. The Users will be provided with an option to choose their Designated Amount, duration of the Games and the start time.

 

  1. The Platform does not involve trading in real stocks, shares, securities or indices in any manner.

  1. Subject to the User’s compliance with these Terms, Rain Platforms gives Users a personal, royalty-free, non-assignable, non-sublicensable, non-transferable, non-exclusive, and revocable limited right to access and use the Platform. This right is for the sole purpose of enabling the own personal private use from Users to play Games of skill as hosted on the Platform, in the manner prescribed under these Terms and not for any commercial purposes, in India and only until the User is bound by these Terms.

  1. By agreeing to play the Games provided by the Platform, the Users do not acquire any right, title, or interest in ‘securities’, the securities market, index funds or any other marketable instruments.

  1. Rain Platforms reserves the right to change, modify or delete the Platform or Games, Rules & Regulations, information, and Terms listed thereon at any time without prior notice.

  1. Rain Platforms obtains market related data from multiple sources such as CFD feeds and other aggregated data feeds to power the Platform. CFD feeds are real-time indicative prices of security offered directly from a market maker and not from any stock exchange. The prices may not be accurate and may differ from the actual market price. Where the CFD feed is not readily available, Rain Platforms uses an aggregated data feed. [p]

  1. Rain Platforms is not directly associated with any capital market governing bodies, including, but not limited to the Securities and Exchange Board of India, the National Stock Exchange of India, the Bombay Stock Exchange and the Metropolitan Stock Exchange of India.

  1. Rain Platforms is merely a platform that facilitates the Games to be played by and amongst the Users.

  1. Any charges levied on Users for accessing the Services, including but not limited to internet connection and/or mobile or data charges are solely the responsibility of such Users. The Users also agrees to receive news, updates, offers/campaign related SMS, to the mobile phone number provided by the User, except when prohibited under Applicable Law.

  1. Rain Platforms, shall on a best effort basis, disclose any actual or potential conflicts of interest to the Users, including any material information or facts that might compromise its objectivity or independence.

  1. By agreeing to play the Games, the Users agree that:

  1. They have necessary experience and knowledge to understand the nature and risks involved in the Games;
  2. The outcome of the User’s participation in the Games does not materially affect the financial standing of the User; and
  3. Rain Platforms is not responsible for any loss to the Users and for the results obtained from playing the Games.[q]

  1. PAYMENT TERMS

  1. In respect of any transactions entered into on the Platform for playing Games (including making a payment to participate in the paid versions of the Games), Users agree to be bound by the following payment terms when participating in any of the Games:

  1. Pre-designated platform fee (“Platform Fee”) (for each kind of game hosted by Rain Platforms, as described within the Games) for access to the Platform. Such Platform Fee is inclusive of applicable Goods and Services Tax (GST); and

  1. Designated Amount towards Prize Money Pool of the Games as stipulated by Rain Platforms, which will be passed on to the winner(s) of the Games after its completion as per the terms and conditions thereto.

  1. Rain Platforms reserves the right to deny access to its Platform/Games to any User at its sole and absolute discretion. Such denial would automatically disqualify a User from playing any Games hosted on the Platform.

  1. Rain Platforms shall hold the Prize Money Pool in trust during the Games to be played by and amongst the Users. 

  1. In respect of any transactions entered into on the Platform, including making a payment to participate in the Games, the Users agree to be bound by the following payment terms:

  1. Subject to these Terms, all amounts collected from the User are held in trust in a separate non-interest earning bank account. The said accounts are operated in accordance with these Terms.

  1. From these bank accounts, Rain Platforms may make payments to/for:

  1. Users (towards their withdrawals of Winnings subject to applicable taxes) in accordance with the Games’ specific Rules and Regulations;
  2. Rain Platforms (towards Platform Fee); and
  3. Taxes as applicable on Users (towards applicable TDS on Gains (defined at Clause 7.13) and GST on Platform Fee)

  1. Rain Platforms receives only its share of the Platform Fee and has no control over the Prize Money Pool held in the dedicated non-interest earning bank account.

  1. Rain Platforms reserves the right to charge a Platform Fee, which would be specified and notified by it, at any time during or prior to a User’s use of the Platform. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s Balance and Rain Platforms shall issue an invoice for such debit to the User. The Platform Fee may vary depending on factors such as number of Users, eligibility criteria, ranking, server load, etc. but in all cases, the Platform Fee would be determined and communicated to the User before the commencement of the Games.[r]

  1. Discount Schemes[s]

  1. Rain Platforms, at its sole discretion, may provide discount schemes, as offers for Users of the Platform from time to time. The discount schemes may be called bonus, cashbacks, promotional offers, discounts, etc. (“Schemes”) and details of the Schemes will be communicated to the Users accessing the Platform before availing the Schemes. The Schemes can be used by the Users, subject to such terms and conditions as may be prescribed.

  1. The User will be eligible to avail and utilize the benefit of the Schemes offered by the Rain Platforms, subject to fulfilment of all the terms and conditions attached for availment and utilization of each of the Schemes as communicated at the time of offer and acceptance of the Scheme by the User. Such terms and conditions may include details of such Schemes, their validity for availment/utilization, restriction in availment/utilization when used in conjunction with other Schemes, discounts or vouchers, etc. The terms and conditions of such Schemes may be changed or modified from time to time.

  1. Rain Platforms may offer an instant discount on the invoice or pre-agreed discount based on the Schemes. The discount will be reflected in the User’s wallet, as maybe applicable, at the time of availment of the Scheme. The said Schemes offered can be utilized by the User against the Platform Fee or Designated Amount only, as per the terms of Schemes offered and is not eligible to be withdrawn by the Users.

  1. The quantum and conditions for availing and utilizing each offered Schemes will be communicated to the User before participating in the Games.

  1. Rain Platforms shall be under no obligation to provide such offers and reserves the right to remove and modify such Schemes at any time.

  1. If the Schemes pertain to any taxable services rendered by Rain Platforms, the discount offered will be reduced from the value of taxable services in terms of Section 15 of the Central Goods and Services Tax Act (CGST Act) for the purpose of discharging GST. Similarly, Credit note for discount shall be issued as per the CGST Act, 2017 for the Schemes, wherever applicable.

  1. WITHDRAWALS and Winnings

  1. In terms of the rules of the Games, Winnings would be announced to the Users after the completion of the Games and would be credited to the Winnings Wallet (defined in Clause 8.1(b)) by Rain Platforms.

  1. The Users are eligible to withdraw the Winnings from the Winnings Wallet to their respective bank account once it is validated and KYC/PAN verified. The Users shall provide the bank account details in state of residence. Withdrawal is not permitted to bank accounts located in Restrictive States.

  1. Please ensure your bank account/UPI ID is active, failing which, we/payment system partners/banks may be unable to process the withdrawal.

  1. 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 the 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.

  1. KYC verification is mandatory as a proof of identity for making withdrawals from your wallet to your bank account. KYC verification may be done through the Platform by providing certain details: (i) photograph of a valid government ID (Aadhaar card, address proof along with PAN card, etc.); and (ii) other User details.

  1. If you opt to provide your Aadhaar number for completion of KYC, you hereby:

  1. Understand and agree that your Aadhaar has been submitted only for completion of your KYC verification; and

  1. You authorise us to temporarily access your Aadhaar card and you understand that we will not be storing your Aadhaar number unless as prescribed by law.

  1. Rain Platforms may scrutinise all documents submitted and may, at its sole and absolute discretion, disqualify any winner from withdrawing his accumulated Winnings (or any part thereof) on the following grounds:

  1. Determination by Rain Platforms that any document or information submitted by the User is incorrect, misleading, false, fabricated, incomplete or illegible; or

  1. User does not fulfil the eligibility criteria; or

  1. Any other ground as reasonably determined by Rain Platforms.

  1. The User represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate.

  1. The Users are required to provide proper and complete details at the time of registration. Rain Platforms shall not be responsible for communications errors, commissions or omissions including those of the Users due to which the results may not be communicated to the winner.

  1. The winners shall be contacted by Rain Platforms through the registered e-mail address of the Users. [t]Users may be required to complete the verification process in order to raise the withdrawal request. As a general practice, winners will be required to verify their e-mail address and phone number along with following documents: (i) self-attested photocopy of the User’s PAN card and (ii) bank account details and proof of the User.

  1. In the event that a User has been declared a winner on the Platform but has not received any communication from Rain Platforms, such User may contact Rain Platforms within the time specified on the Platform.[u]

  1. Notwithstanding any other provisions, in cases where any amount in excess of the Winnings is credited to the Users Account, the User hereby undertakes, agrees, and authorizes Rain Platforms to have the right to reclaim, impose lien and freeze the Account of the User until the amount is re-claimed.

  1. As per the Income Tax Act, 1961, if the Winnings less the Designated Amount (“Gains”) is in excess of INR 10,000, such Gains shall be subject to withholding of tax deducted at source (TDS). This tax shall be deducted before the Winnings are credited to the User’s Account. As of April 1, 2022, the TDS rate prescribed by the Government of India with respect to any from a game in excess of INR 10,000 is 31.2% including cess and surcharge, if any. In case of any revision by the Government of India to the aforementioned rate in the future, the TDS will be deduced by the Rain Platforms in accordance with the then-updated prescribed TDS rate. The 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/winnings.

  1. We reserve the right to deduct withholding tax under the applicable provision of the Income Tax Act, 1961 on any amounts that become due, payable or paid to you. In case we believe that any such withholding tax is applicable, you agree that we can deduct and deposit the tax and/or any interest/penalty with the Government treasury and debit the amount from your Balance. You also agree to remit to us on demand any additional funds if required to discharge any such liability.

  1. You represent and warrant to us that you are not in the business or profession of gaming or playing games, and that any incentive received by you in form of discount, bonus money, cashback, etc. from us is not arising from any business or exercising of a profession of gaming or playing games by you, for the purposes of section 194R of the Income Tax Act, 1961.

  1. The decision of Rain Platforms with respect to the awarding of Winnings shall be final, binding and non-contestable.

  1. To the extent permitted by law, Rain Platforms makes no representations or warranties as to the quality, suitability or merchantability of any Winnings and shall not be liable in respect of the same.

  1. Rain Platforms may, at their sole and absolute discretion, vary or modify the Winnings. Users shall not raise any claim against Rain Platforms or question its right to modify such Winnings being offered, prior and after the closure of the Games.

  1. All Winnings are non-transferable.

  1. Wallet SYSTEM

  1. Any User accessing the Platform is provided with the following categories of wallets for the processing and reconciliation of payments: [v]

 

  1. Deposit Wallet – This wallet shall comprise of the Deposit made by the User through any of the payment modes available on the Platform.  The User shall deposit money in the Deposit Wallet to play the Games. Amounts deposited in this wallet cannot be withdrawn and can only be utilised for playing the Games. 

 

  1. Winnings Wallet – This wallet shall comprise of the money won by the Users by winning the Games. The money from this wallet can be withdrawn after applicable tax deduction and subject to KYC checks as maybe required. 

 

  1. Rain Credits Wallet – Rain Credits are granted as per various business promotion strategies that may be run by Rain Platforms from time to time. Rain Credits accrued will be separately credited in the Rain Credits account. Rain Credits cannot be withdrawn and can only be adjusted towards the Platform Fee payable by the User for playing the Games. Rain Credits are subject to our control, and we are 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.  

  1. REFUND POlicy[w]

  1. Where any of the Games are cancelled or abandoned without an official result, all game entries shall be considered void and all payments made for participation in those Games shall be duly refunded to the User.

  1. In an event there is an error in accessing the Games hosted by us, we may, at our sole and absolute discretion, refund the Designated Amount paid, provided the reasons are genuine and proved after investigation by us.

  1. We do not cancel participations once the Designated Amount has been paid and the User has consented to participate in the Games. However, in case of exceptional circumstances wherein the fault may lie with the payment gateway or at our end, we may cancel your participation on request and refund the Designated Amount to you within a reasonable period of time.

  1. In case we cancel your participation in any of the Games as a result of this, we will return your Designated Amount to you within a reasonable period of time to your Balance for you to redeem the same by playing Games on the Platform.

  1. 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.

  1. GAME OF SKILL

  1. All the Games hosted on the Platform are games of skill as success depends primarily on their knowledge and technical analysis to study the past stock price, predict price movement of shares over a given period and analysis of a company’s performance.

  1. Users acknowledge that the Games hosted on the Platform are games of skill under Indian law, and that we do not support, endorse, or offer to Users any game of chance. While games of skill do not have a comprehensive definition, they are considered to be those games where the impact of a player’s effort and skill on the outcome of a game is higher than the impact of luck on the outcome of a game.

  1. The Games hosted on the Platform are games of skill, as the outcome/success in the game is directly dependent on the Users’ effort, performance and skill. The Supreme Court of India in the cases of the State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. the 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.

  1. Rain Platforms reserves the right to monitor all activities from the User’s Account on the Platform. If any User participates in any of the Games in violation of Applicable Law, Rain Platforms reserves the right to cooperate with law enforcement agencies of the relevant State and report such participation or suspicious activity along with all relevant details of the concerned User. The Users based out of Restrictive States that are not permitted under Applicable Law to participate in specific or all Games hosted on the Platform and shall not be permitted to connect to the Games or Platform by breaching security measures placed by Rain Platforms, including without limitation through a virtual private network.

  1. Referral ProgramME

  1. Rain Platforms may offer referral programmes (“Referral Programme”) on the Platform to allow all its Users to receive certain rewards in the form of Rain Credits for each new User that they refer to play on the Platform.

  1. All Users are eligible to participate in the Referral Programme except in cases where an Account has been suspended or has otherwise been disallowed by Rain Platforms from participation in the Referral Programme.

  1. Only ‘successful referrals’ will be counted and eligible to receive the rewards. A successful referral involves a new User registering on the Platform and completing the sign-up by clicking on the referral link of the referrer or by putting the referrer’s unique referral code.

  1. The User will be able to use only a certain percentage of the cumulative rewards (as permitted by Rain Platforms from time-to-time) reflecting in their Account to participate in the Games on the Platform.

  1. Additional terms applicable to a Referral Programme:

  1. The nature and value of rewards to be credited will be based on the Referral Programme offered by Rain Platforms at any given point in time to a User.
  2. Referral links will be generated from each User’s Account on the Platform.
  3. Rewards and their types are subject to change at our discretion without notice.
  4. Users found to have been committing fraud will be blocked from the Platform.
  5. The reward amount/type is based on the applicable reward on the day a User’s referral signs up on the Platform.
  6. An individual User can refer up to unlimited number of new Users.[x]
  7. Rain Platforms reserves the right to change rules and regulations associated with the Referral Programme without notice.
  8. Please contact customer support in case of further queries.

  1. Disqualification from Referral Programmes:

  1. Users will not receive credit for referring themselves by creating multiple Accounts.
  2. Rain Platforms reserves the right, in its sole discretion, to suspend or disqualify an Account from the Referral Programme or nullify the referral rewards.
  3. Referral rewards would be given only to those Users whose Account has not been suspended, terminated, deleted or disqualified in any manner by Rain Platforms.[y]

  1. The Users are responsible for paying any and all taxes or commissions related to the rewards earned by them through the Referral Programmes on the Platform. Rain Platforms reserves the right to withhold taxes as appropriate and as required under Applicable Law.

  1. Intellectual Property Rights

  1. Rain Platforms uses a combination of content created by it, its partners, affiliates, licensors, associates and Users. The intellectual property rights (“Intellectual Property Rights”) in all software and material published on Platform, including but not limited to Games, pools, written content, photographs, graphics, images, illustrations, marks, logos, audio clippings, video clippings and animation, [z]is owned by Rain Platforms, its partners, licensors or associates. No User shall 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 the Platform either in whole or in part without express written license from Rain Platforms.

  1. The 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 the Platform (“Users’ Content”). Each User represents and warrants that they own all Intellectual Property Rights in the Users’ Content and that no part of the Users’ Content infringes any third-party rights. The 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 the Platform. The User agrees to indemnify and hold harmless Rain Platforms, 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 the Platform, by such User or through the User’s commissions or omissions.

  1. The User hereby grants to Rain Platforms 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 or publish Users’ Content (across any form, medium, or technology) for any of the following purposes:

  1. displaying Users’ Content on the Platform;
  2. distributing Users’ Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it; or
  3. storing Users’ Content in a remote database accessible by end users, for a charge.

  1. Community Policies

  1. We deeply understand the psychological distress that abusive content can have on individuals, and we do not tolerate abusive content or behaviour on our platform. Users should feel safe to express themselves responsibly without fear of being shamed, humiliated, bullied, or harassed. No User shall:

  1. promote violence against or directly attack or threaten other Users, especially on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability or serious disease. Users inciting harm towards other Users would be suspended;
  2. choose a username, display name or profile info which may result in targeted harassment or expressing hate towards a person, a group, or a protected category;
  3. use hateful images or symbols in your profile image or profile header;
  4. use abusive language or share other Users’ personal or sensitive information;
  5. threaten or incite violence;
  6. upload content with the intent to shame, deceive or insult a minor;
  7. upload content that wishes death, serious disease, physical, or other harm on an individual;
  8. upload content that praises violent tragedies and disparages their victims;
  9. post an individual’s non-public personal identifying information like a phone number, home address, or email to direct abusive attention or traffic toward them; or
  10. stalk or attempt to blackmail other Users.

  1. Any User found violating any community policy shall be barred from the Platform and the Account shall be suspended, at the sole discretion of Rain Platforms.

  1. Fair play 

  1. We are committed to promoting fair play on our Platform.

  1. Our compliance team will track gameplay of all Users and strict action will be taken against any Users caught colluding. [aa]By agreeing to these Terms, you agree not to indulge in any unfair game practice that may provide undue advantage to you or any other User.

  1. In the event any User is found undertaking such activity on the Platform, Rain Platforms shall be entitled, at its sole and absolute discretion, to suspend or terminate such User’s account. Rain Platforms reserves the right to permanently block the Account of the User involved in such activity. Any amounts deposited by such User on the Platform shall stand forfeited. Rain Platforms reserves the right to impose monetary penalties on Users found to be undertaking in such practices on the Platform.

  1. We reserve the right to withhold any necessary action, as it deems fit, against Users found indulging in unfair means. The action could include, inter alia, monetary penalties, temporary Account suspension, redemption blocking and/or permanent Account deactivation.

  1. Any User deemed to be a fraud User for any reason, for example, found depositing or withdrawing from/to a fraudulent account, would be subject to legal action from Rain Platforms including but not limited to the confiscation of the User’s Account Balance and locking of the User’s Account.

  1. By using the Platform, you authorize us or our representatives to contact you via e-mail or phone call or SMS including third party messaging apps to offer you our services including but not limited to impart product knowledge, offer/explain any promotional offers running on the Platform and offers offered by third parties, for which reasons, personally identifiable information may be collected.

  1. Restrictions

  1. You shall 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.

  1. You will not use the Platform, or any content provided thereof:

  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;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging;
  3. that is relating to or encourages money laundering or gambling, or is otherwise unlawful in any manner whatsoever;
  4. that harms minors in any way;
  5. that infringes any patent, trademark, copyright or other proprietary rights; violates any Applicable Law for the time being in force;
  6. that communicates any information which is grossly offensive or menacing in nature;
  7. which impersonates another person; contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of the Platform or any other computer resource;
  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;
  9. threatens critical information infrastructure;
  10. that threatens public health or safety; or
  11. that promotes 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.

  1. 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 Rain Platforms.

  1. 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.

  1. You will not attempt to or engage in any activity that may:

  1. reverse engineer, decompile or otherwise extract the source code related to the Platform or any part thereof, unless it is expressly permitted by Rain Platforms to you in writing or is required by the Applicable Law;
  2. use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Platform or content thereof;
  3. collect information about Users for any illegal or unlawful purpose;
  4. create any Account by automated means or under false or fraudulent pretences for using the Platform;
  5. transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platform;
  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;
  7. carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Platform;
  8. 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. forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Platform; or
  10. obtain any materials or information through any means not intentionally made available, in our opinion, through the Platform.

  1. 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.

  1. 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.

  1. We reserve the right to deactivate or delete your Account and all related information on it 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.

  1. Any deductions or forfeiture of Balance made from your Account shall be made at our sole and absolute discretion and shall not result in any liability on Rain Platforms whatsoever. We may choose to provide a right of appeal to the Users after deleting, closing or forfeiting the balances in their Account. However, such right shall be provided at the sole and absolute discretion of Rain Platforms and the User shall not claim such right or any other recourse from us.

  1. You are responsible for any breach of your obligations under the Agreement and for the consequences of any such breach.

  1. Account Deletion

  1. You can delete your Account at any time by following the process provided on the Platform (“Account Deletion”).

  1. Once you opt for Account Deletion on the Platform, we will process this request as per the timeline communicated to you at the time of submission of the Account Deletion request. In all cases, we will confirm our acceptance of the Account Deletion request within twelve (12) hours of making such request, and your Account will be deleted within fifteen (15) days of acceptance of the request[ab].

  1. Users acknowledge that Account Deletion is irreversible. Once deleted, the Account cannot be retrieved for any reason whatsoever.[ac]

 

  1. You are required to ensure that any Winnings in your wallet are withdrawn from your Account prior to opting for Account Deletion. Any Winnings that are not withdrawn from your Account will lapse after your Account Deletion.

  1. The following events shall take place once your Account is deleted:

  1. Subscriptions or additional services,[ad] if any, will lapse immediately;
  2. All Rain Credits accumulated in your Account will lapse;
  3. Any Deposit left in your Account at the time of deletion will be credited to the original payment method within 15 (fifteen) working days [ae]from the date of deletion of your account. The Deposit will be credited via the same payment instrument(s) as the ones used for depositing cash in your Deposit wallet. It is clarified that if the payment instrument associated with your Account (such as the UPI ID or bank account used) has expired, then such Deposit will be forfeited to us. We recommend that you update the payment method prior to submitting a deletion request; and
  4. Subject to (c) above, any Balance (including Winnings, Rain Credits and Deposit) left in your Account at the time of deletion will lapse after deletion of your account;

  1. Once your Account is successfully deleted, you will not be able to make a new Account on the Platform using the same login details.

  1. Details of transactions carried out in your Account, including KYC verification details and withdrawal beneficiary details, may be retained under Applicable Law.

  1. SECURITY

  1. Access to your Account and to add, delete or modify any content on your Account is password/OTP protected.

  1. We are not liable for any loss, damages or expenses of any kind incurred or suffered by you arising from or in connection with any failure, delay or interruption, interception, interference, in transmitting passwords/OTPs due to any failure of the mobile service network or any other circumstance beyond our reasonable control.

  1. You agree that you will not disclose your password/OTP to anyone or allow any other person to access or use your Account. We are not responsible if your Account is accessed or opened by other persons using your password. You shall be held solely responsible and liable for all of your activities on the Platform made from your Account.

  1. You understand that it is your obligation to protect the information you have provided on the Platform including, but not limited to usernames, passwords, email addresses, contact details, bank account information etc. You explicitly understand and agree that we will not incur any liability for information provided by you to anyone which may result in your Account on the Platform being exposed or misused by any other person or any other harm or loss being suffered by you.

  1. Rain Platforms shall not be liable to a User for any authorised transaction which has been executed through the Platform as a result of:

  1. fraud committed by any User using User’s access credentials before the User has notified Rain Platforms in writing of the loss or theft or such access credentials, as a result of which Rain Platforms has been unable to take any action to disable the access credentials;
  2. fraud committed by third parties against Users which may not be preventable by, or occur despite the security systems of the Platform; or
  3. a voluntary action or transaction initiated suo motu by any User at the behest of another User, which is not initiated by Rain Platforms for the transfer of funds, credit or stored value to another User.

  1. You should routinely check the Balance of your Account to ensure that there has been no unauthorised use of your Account. If you suspect any unauthorised activity has occurred, you must change your password immediately and contact the Grievance Officer at [•].[af]

  1. Please also contact us immediately if your mobile or computer device through which you access the Platform has been lost, stolen or compromised in any way or someone has used or may use your mobile or computer device or credentials without your authorisation or if you become aware of any unauthorised use of your Account.

  1. Please note that we can terminate or suspend your Account and all associated accounts, institute fraud prevention measures such as access restrictions, transaction velocity restrictions etc., without prior notice to prevent unauthorised use of our Platform. You must cooperate with us in any investigation and use any fraud prevention measures we prescribe, and you agree that we will not be liable to you or any third party for any block, suspension, cancellations, or termination of your use of an Account owing to such measures.

  1. You are hereby informed that any and all information associated with any fraudulent transaction may be shared by Rain Platforms (with or without demand) with the Government of India or any agency thereof, for the purpose of verification of the identity of User, or for prevention, detection, investigation, prosecution, and punishment

  1. Rain Platforms has taken all reasonable measures to secure its services as prescribed under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011. 

  1. RIGHT TO RESTRICT, SUSPEND OR TERMINATE

  1. Rain Platforms may change, suspend or discontinue any aspect of the Platform at any time, including the availability of any Platform’s feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or the Platform, without notice or liability at any time in our exclusive discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose. However, under normal circumstances, we will only do so where there has been conduct that we believe violates these Terms or other rules and regulations or guidelines posted on the Platform or conduct which we believe is harmful to other Users, to our businesses, or other information providers.

  1. In the event any User breaches, or Rain Platforms believes that such User has breached the Terms, or has illegally or improperly used the Platform or the Games, Rain Platforms may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User’s access to all or any part of the Games, deactivate or delete the User’s Account and all related information on the account, delete any content posted by the User on the Platforms and further, take technical and legal steps as it may deem necessary to us.

  1. We may also terminate this Agreement at any time, with or without notice and may disable your access to the Platform or bar you from any future use of the Platform.

  1. Rain Platforms may terminate this Agreement and restrict access of any User, if in any case the User indicates or Rain Platforms comes to know or reasonably believes that –

  1. a particular User is in possession of or access to any information irrespective of its means, relating to any company or its securities, directly or indirectly which is not available in the general course with the public at large and upon being disseminated, such an information may have material effect on the price, price movement or performance of the scrip of that company; or

  1. such a User is or has been associated to any company, directly or indirectly, or is or has been connected to such company in a contractual, fiduciary or employment relationship or is or was a director, officer or an employee of the company or holds or held any position including that relationship in the nature of being a professional or business relationship between the User and the company irrespective of it being temporary or permanent, that allows such User to access or possess, whether directly or indirectly, to any information as defined above or if such a User is reasonably expected to have been allowed such access to such information.

  1. Upon any termination of these Terms, you shall immediately discontinue your use and access to the Platform and destroy all materials obtained from it. You hereby agree and consent to the above and agree and acknowledge that we can, at our sole discretion, exercise our right in relation to any or all of the above, and that we shall not be liable in any manner of the same; and you agree, acknowledge and consent to the same.

  1. You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law and jurisdiction, confidentiality shall survive the efflux of time and the termination of these Terms.

  1. MODIFICATION OF TERMS

  1. Rain Platforms shall be entitled to modify any of these Terms and Privacy Policy in relation to any of the Games, at any time, by posting the same on the Platform. Use of the Platform constitutes the User’s acceptance of such Terms in relation to any of the Games, as may be amended from time to time. Rain Platforms, at its sole discretion, may also notify the User of any change or modification in these Terms referred to herein or provided by Rain Platforms, by way of sending an e-mail to the User’s registered e-mail address [ag]or posting notifications in the User’s accounts. [ah]The User may then exercise the options provided in such an e-mail or notification to indicate non-acceptance of the modified Terms. If such options are not exercised by the User within the timeframe prescribed in the e-mail or notification, the User will be deemed to have accepted the modified Terms.

  1. Disclaimers

  1. You understand and acknowledge that once the Games have commenced, not being able to play due to slow internet connections, faulty hardware, technical failure due to the User’s hardware, internet connection failure, low computer configuration or for any other reason not attributable to us does not require us to issue a refund of the participation amount you may have paid for participation.

  1. In case of any technical failures, server crashes, breakdowns, software defects, disruption or malfunction of service at our end, as a policy, we will cancel the Games and refund the participation amounts after proper verification and you accept that we are not responsible to you in all such cases. We have the right to cancel any of the Games and refund the participation amount. In no case, other than a server crash, are we accountable for any of the User’s disconnections from the server. We are also not liable for any prospective Winnings from any incomplete Games.

  1. We do not hold any liability to any disconnection, lag, freeze or interference in network on the User’s computer or any other external networks.

  1. Rain Platforms disclaims any and all warranties, expressed or implied, in connection with the Platform and the Games, all of which are provided to the User as is.

  1. You agree that the access to the Platform and the Games is at your own risk. The Platform, the Games and any other materials contained on or provided through the Platform are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, Rain Platforms does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses, malware or other harmful components, accurate, error free or reliable.

  1. No person affiliated or claiming affiliation with the Platform has authority to extend such warranties.

  1. Without limiting the generality of the foregoing, to the maximum extent permitted by Applicable Law, we shall have no liability for any damages or injury caused, in whole or in part, by contingencies or issues beyond our reasonable control, including, but not limited to: the acts of third parties, errors in the content or the Platform, network failures, internet failures, software and hardware failures, viruses and other system attacks, labour stoppages, riots, acts of government or god, natural disasters, acts of terrorism, communication line failure, or theft, destruction of, unauthorized access to, alteration of or use of records.

  1. To the maximum extent permitted by Applicable Law, you hereby agree that you shall have no remedy in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.

  1. The foregoing limitations shall apply regardless of whether (i) liability or damage is alleged for breach of contract, tortious behaviour, negligence, or under any other theory or cause of action, and/or (ii) the party against which liability or damages is sought was advised of the possibility thereof.

  1. For the avoidance of doubt, nothing in these Terms shall limit or exclude liability for (i) death or personal injury caused by negligence; or (ii) fraud.

  1. You agree and acknowledge that Rain Platforms does not promise or ensure that you will be able to access your Account whenever you want. It is entirely possible that you may not be able to access your Account or the Platform at times or for extended periods of time due to, but not limited to system maintenance and updates.

  1. You agree and acknowledge that participation in the game of skill hosted by Rain Platforms may result in financial loss to you. With full knowledge of the facts and circumstances surrounding the Games hosted on the Platform, you are voluntarily participating in the Games and assume all responsibility for it and risk resulting from your participation, including all risks of financial loss. Rain Platforms makes no guarantees, warranties, representations, or other promises relating to the Games and assumes no liability or responsibility for any financial loss that you may sustain as a result of participation in the Games.

  1. You will be solely responsible for any damage to your mobile phone or loss of data that results from the installation of any software on your mobile phone and we expressly disclaim liability for any such loss or damage.

  1. You agree to assume the entire risk as to the results and performance of any software or Games availed by you on the Platform. As such, the result and performance among other things depends on your internet connection and hardware. You also assume the entire cost of all servicing, repair or correction of your hardware when you access the Games available on the Platform.

  1. You specifically acknowledge, agree and accept that we are not liable to you for: (i) the defamatory, offensive or illegal conduct of any other User or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another User or otherwise; (ii) any loss whatsoever arising from the use, abuse or misuse of your Account on our Platform; (iii) any loss incurred in transmitting information from you to our Platform by the Internet or by other connecting media; (iv) any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communications’ lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Platform; or (v) the accuracy, completeness or currency of any information services provided or any statistics shown on the Platform.

  1. We may stop provision of the Platform (or any part thereof), permanently or temporarily, to You or to Users generally or may modify or change the nature of the Platform or these Terms at our sole discretion, without any prior notice to you. Your use of the Platform following any such modification constitutes your deemed acceptance to be bound by the Agreement (or as it may be modified).

  1. You agree that you are responsible for all data charges you incur through use of the Platform.

  1. Grievance Officer [ai]

  1. In accordance with the Information Technology Act, 2000 and rules made thereunder, we have a Grievance Officer to address your concerns regarding data safety, privacy, and the Platform usage concerns including complaints you have against other Users on the Platform. We will resolve these issues raised by you within thirty (30) days from receiving them. You may contact the Grievance Officer at the following coordinates:

Name:

Address:

Office Hours:

Email:

  1. INDEMNITY

  1. The Users agree to indemnify, defend and hold harmless Rain Platforms, and its shareholders, directors, officers, employees, agents, representatives, vendors and business partners (collectively, “Parties”), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from:

  1. any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms;
  2. User’s use of the Platform;
  3. User’s violation of the Terms;
  4. User’s violation of any rights of any other User or person;
  5. User’s alleged improper conduct according to these Terms;
  6. User’s conduct in connection with the Platform or the Games;
  7. User’s breach of any Applicable Law or governmental or judicial order which applies to your use of the Platform from a specific location;
  8. the use by us of information provided by you through our Platform;
  9. any unauthorized, improper, illegal or wrongful use of your Account by any person, including a third party, whether or not authorized or permitted by you;
  10. from any income tax demand raised (including and not limited to tax, interest, penalty, withholding tax or any other amount payable under the Indian Income-tax Act, 1961) arising on account of your misrepresentation and/ or your non-compliance of the terms and conditions mentioned therein. You agree that any income tax demand (including and not limited to tax, interest, penalty, withholding tax or any other amount payable under the Indian Income-tax Act, 1961) which is paid/ payable by us in this regard, will be recovered by us and debited from your Deposit or Winning; or
  11. from any GST demand raised (including and not limited to tax, interest, penalty, any other amount payable under GST laws (CGST/SGST/ISGT) arising on account of gameplay between the Users or GST demand on Prize Pool contribution by Users. You agree that any GST demand (including and not limited to tax, interest, penalty, or any other amount payable under the GST Laws) which is paid/ payable by us in this regard, will be recovered by us and debited from your Deposit or Winnings. 

  1. The User agrees to fully cooperate in indemnifying Rain Platforms at the User’s expense. The User also agrees not to settle with any of the Parties without the consent of Rain Platforms.

  1. In no event Rain Platforms shall be liable to compensate the User or any third-party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not Rain Platforms had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform or Games.

  1. This indemnification obligation will survive the expiry or termination of these Terms and your use of the Platform.

  1. There could be instances where Rain Platforms is not able to receive prompt updates about the change in Applicable Law of your place of stay. It is your obligation to ensure that any activities you engage on the Platform are legal as per the Applicable Law. You agree to indemnify and hold harmless, Rain Platforms from any claim, demand, damage, or loss whatsoever coming out due to your non-compliance with the laws of your jurisdiction.

  1. LIMITATION OF LIABILITY

  1. You clearly understand and agree that Rain Platforms shall under no circumstances (including, without limitation, in contract, negligence or other tort), be liable for any direct, indirect, ancillary, special, incidental, consequential or exemplary or punitive damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data or other intangible loss (even if Rain Platforms has been advised of the possibility of such damages), resulting from or arising out of the use of or the inability to use the Platform, even if we have been advised or become aware of the possibility of such damages or loss or that such loss was foreseeable.

  1. Our total liability to you for any damages (regardless of the foundation for the action) shall not exceed the last available Balance in your Account.[aj]

  1. To the fullest extent permitted by law, Rain Platforms shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

  1. FORCE MAJEURE

  1. Rain Platforms shall not be liable for any damages whatsoever arising out of Force Majeure Event (defined below) or other similar circumstances, directly or indirectly to the Users as a result of playing Games or using the services offered by us on the Platform. A Force Majeure Event means and includes real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network that affects our ability to offer the Games on the Platform. Force Majeure Event or any other event beyond our control hindering, delaying or complicating the maintenance of the Platform entitles Rain Platforms to suspend or limit the Platform until further notice without being liable in any manner whatsoever.

  1. INterpretation

  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. Headings and captions are used for convenience only and not for interpretation of the Agreement.

  1. Any reference to a person shall include their heirs, executors and permitted assignees.

  1. If any judicial or quasi-judicial body in India declares any of the provisions of these Terms to be unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the remaining provisions will not be affected. Any such inappropriate term or condition will be replaced with another term or condition that is valid and enforceable and is in most nearly with effect to the original invalid term. In such event, the parties shall be obligated to construe and interpret the void, illegal or unenforceable provision with a valid, legal and enforceable provision in such manner that corresponds as closely as possible to Rain Platforms’ intent and objective in the void, illegal or unenforceable provisions.

  1. maintenance of Records

  1. Rain Platforms will maintain and preserve the following:

  1. Records of all transactions executed on the Platform, for a period of at least 7 (seven) years from the date of each transaction;

  1. Identification records of Users during the subsistence of and for a period of at least 3 (three) years from the date of termination of such account; and[ak]

  1. Records of any communication or interaction between Rain Platforms (and its employees, agents, staff or affiliates) with any third party in official capacity or having/intending to have business or commercial relationships with Rain Platforms directly or indirectly, in any form whether oral or written, for all purposes as deemed fit by us.

  1. GOVERNING LAW AND dISPUTE RESOLUTION

  1. The validity, interpretation and implementation of this Agreement shall be governed by, and construed in accordance with, laws of India without regard to its conflict of law principles.

  1. In case you have any grievances with respect to the Platform or the Services, you can send an e-mail to Grievance Officer. We reserve the right to replace the Grievance Officer at any time without any notice or intimation to you. You can directly escalate any disputes to our management team by contacting the Grievance Officer.[al]

  1. Subject to the clauses below, the courts of competent jurisdiction at Bengaluru shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with the Platform provided by Rain Platforms (including the Games, construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the Users), as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below.

  1. In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification (Notification) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen days of receipt of Notification, the dispute shall be settled by arbitration.

  1. The seat and venue of arbitration shall be Bengaluru, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The parties shall mutually appoint a sole arbitrator.

  1. The arbitration award will be final and binding on the parties, and each party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise.

  1. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts of Bengaluru. The arbitrator shall give a reasoned award.

  1. Nothing contained in these Terms shall prevent Rain Platforms from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard its interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any courts of competent jurisdiction at Bengaluru to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Rain Platforms to pursue any remedy for monetary damages through the arbitration described herein.

  1. Privacy Policy

  1. All information collected from the Users, is subject to Rain Platforms’ Privacy Policy (“Privacy Policy”) which is available at https://www.tradingleagues.in/privacy-policy.