These are the Company Terms and Conditions of Use (‘Terms’) which form a legal and binding agreement amongst Nerd Herd Technologies Private Limited (referred to as the ‘Company’, ‘Nerdee’, ‘Us’, ‘We’, or ‘Our’) and any person (‘You’, ‘Your’, ‘User’) accessing:

• (i) Our website – www.nerdee.in (‘Website’) and the Nerdee mobile application (‘App’) including any sub-domains of the Website, or related top-level domains including www.nerdee.in, mobile sites, apps, APIs, widgets (hereinafter collectively referred as ‘the Platform’), and/or;
• (ii) Any data, information, text, graphics, video, sound, pictures, and any other materials appearing, sent, uploaded, communicated, transmitted, or otherwise made available via the Platform (jointly referred to as the ‘Content’) for participating in various contests and games hosted on the Platform (‘Services’ / ‘Games’).

Such User (as described above) shall be bound by these Terms, Privacy Policy, and all other rules, regulations, and terms of use (including the Privacy Policy) referred to herein or provided by the Company in relation to any Company Services.

This document is an electronic record in terms of the Information Technology Act, 2000, and rules thereunder as applicable and various other statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.

You acknowledge and agree that by using, or otherwise accessing the Company Platform and Company Services, you agree to be bound by these Terms and our Privacy Policy. You acknowledge that we provide use and access to our Platform and Services to you, subject to these Terms. You agree and acknowledge that you have completely read and understood these Terms and the 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.

We reserve the right to amend, modify, update, terminate, supplement, or otherwise amend all or any of the Terms, Privacy Policy, rules, or regulations on the Platform at any time by publishing new Terms.

Company may, at its sole discretion, also notify the User of any change or modification in these Terms, Privacy Policy, rules, regulations, and terms of use referred to herein or provided by the Company, by way of sending an email to the User’s registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms, rules, regulations, and terms of use referred to herein or provided by the Company. If such options to indicate non-acceptance are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms, rules, regulations, and terms of use referred to herein or provided by the Company. If the User does not accept the modified Terms, rules, regulations, and terms of use referred to herein or provided by the Company, we reserve the right to deny access to the Platform and Services to the User.

If the User does not accept the modified Privacy Policy, we reserve the right to deny access to the Platform and Services to the User to the extent such modified terms of the Privacy Policy are required to provide access to the Platform and Services.

Participation in any Games or contest on the Company Platform or viewing of certain Content may be subject to further terms and conditions as may be notified by us from time to time on the Website or otherwise. You should ensure that you have read, understood, and agree to abide by the rules and regulations of the Games, contests, or tournaments available through the Company Platform.

Company may, at its sole and absolute discretion:

• (i) Move or remove any Content that is available or posted by a User on the Platform.
• (ii) Establish general practices and limits concerning the use of the Platform and modify these practices, limits, and thresholds at its discretion, from time to time, and such changes shall be notified and/or included within updated Terms as deemed fit by the Company.
• (iii) Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment, intimation of such assignment shall be sent to all Users to their registered email addresses).

Your use of information on our Platform including results, fixture lists, statistics, data, and news posted on our Platform is at your own risk. Other than as expressly set out in these Terms and to the extent permitted by law, we make no warranty as to the accuracy or reliability of the information contained on our Platform or in our publications (including, but not limited to, any Content or information generated on our Platform by or on behalf of us, and any third-party content on our Platform). We and our related entities, directors, officers, and agents disclaim all liability and responsibility for any loss or damage (whether direct or indirect) that may be suffered by any recipient through relying on anything contained in, or omitted from our Platform or publications.

You hereby unconditionally and irrevocably, expressly agree to the transfer of your personal data and information (including sensitive data) to Us and to such third parties who we contract with to provide you with the Services.

Subject to the User's compliance with these Terms, the Company gives Users a personal, royalty-free, non-assignable, non-sublicensable, non-transferable, non-exclusive, and revocable limited right to access and use the Platform that is provided as part of the Services. 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.

The Services may change or be modified from time to time without prior notice or communication. The Company reserves the right to change, modify, or delete the Platform or Services, information, and Terms listed thereon at any time without prior notice.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by the Company on the Services are subject to change. When access to Games is included in the Services, the specific rules, scoring, controls, and guidelines for each game can be found within the game itself. The Users agree to and shall comply with such rules, scoring, controls, and guidelines, etc. 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.

In order to access the Website or fully utilize the Platform offered by the Company, a User is required to register on the Platform. You are not authorized to access any of our Platform until you have been granted an Account (defined below). If you wish to become a registered User, you will need to create an account (‘Account’) on our Platform. Each User is only permitted to open one Account. The Company reserves the right to terminate or suspend any duplicate accounts.

In order to apply for an Account, the Company may require you to register by completing a form and providing certain details (listed below), in accordance with the instructions on the Platform:

• Full Name
• E-mail address
• Password
• State of Residence
• Gender
• Date of Birth
• Mobile Number
• Bank Account Number
• Permanent Account Number Card (PAN Card)
• Government issued Identity Documents (for know your customer checks)

You can also register or log in through your Google or personal e-mail address. You may also be required to provide your mobile number for verification purposes and verify such mobile number using a one-time passcode (OTP) sent to your mobile number. Permission to open the Account shall be determined by the Company or its representatives, at their sole discretion. We may refuse to grant an application for an Account made by any person without giving a reason for such refusal. You agree and acknowledge that the decision of the Company in this regard shall be final. We may require additional identity verification procedures used to ensure that we can verify the identity of Users transacting with each other and assist our payment service providers in corroborating the results of these know-your-customer verification checks with the identity of our customers (collectively ‘KYC’ checks). You understand and submit to such KYC checks, and agree and consent to supply and provide your personal information and documents to evidence proof of identity and address, as may be required to conduct and complete such KYC checks.

You must be over 18 years of age and a resident of India to access and/or use our Platform and create an Account with us. By agreeing to these Terms, you represent and warrant to us:

• that you are over 18 years of age and a resident of India.
• you have the full power and authority to enter into this agreement and will not violate any other agreement to which you are a party by entering into this agreement;
• you will only use the Platform and Services for lawful purposes and in accordance with these Terms and any other agreement that you may be subject to in relation to your use of our Services.
• you will not attempt to gain unauthorized access to the Platform or any data stored on the Platform, including but not limited to any third-party content or other user data stored on the Platform.
• you will not use any automated means, including but not limited to robots, spiders, scripts, or similar, to access, monitor, or copy any part of the Platform, or bypass any restrictions or security measures that we may place on the Platform.

As part of the registration process, you will be asked to select a password for your Account and will be responsible for maintaining the confidentiality of your password and other Account information. You are responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security. You should ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.

You are also responsible for ensuring that all information provided by you to us is accurate, complete, and up-to-date. If we have reasonable grounds to believe that any information you have provided to us is inaccurate, not current, or incomplete, we may suspend or terminate your Account. You shall be liable for any loss or damage suffered by us as a result of your failure to maintain accurate, complete, and up-to-date information.

You agree not to use your Account for any unlawful purpose or for the benefit of any third party, including but not limited to making any unauthorized commercial use of the Platform or Services.

You may terminate or cancel your Account at any time by contacting us at [email protected]. Upon termination or cancellation of your Account, you will no longer have access to the Platform or Services, and any data associated with your Account may be deleted or archived.

We reserve the right to terminate or suspend your Account at any time, without prior notice or liability, for any reason, including but not limited to your breach of these Terms or any other agreement you may be subject to in relation to your use of our Services. Upon termination or suspension of your Account, your right to access and use the Platform and Services will immediately cease, and any data associated with your Account may be deleted or archived.

We will not be liable to you or any third party for any termination or suspension of your Account, or for any deletion or archiving of data associated with your Account.

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

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, or interference in transmitting passwords/OTPs due to any failure of the mobile service network or any other circumstance beyond our reasonable control.

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.

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.

Provided that Company or its employees have not engaged in fraud or gross negligence, Company shall not be liable to a User for any authorized transaction which has been executed through the Platform as a result of:

• Fraud committed by any User using User’s access credentials before the User has notified Company in writing of the loss or theft of such access credentials, as a result of which Company has been unable to take any action to disable the access credentials;
• Fraud committed by third parties against Users which may not be preventable by, or occur despite the security systems of the Platform;
• A voluntary action or transaction initiated suo motu by any User at the behest of another User, which is not initiated by Company for the transfer of funds, credit, or stored value to another User;
• The security, accuracy, legality, appropriateness, or any other aspect of the Content or function of any third party’s products or services on our Platform;
• Responsibility for the underlying transactions involving funds between you and the sender/recipient of a payment or the actions or identity of any transfer recipient or sender.

You should routinely check the Account Balance section of your Account to ensure that there has been no unauthorized use of your Account. If you suspect any unauthorized activity, you must change your password immediately and contact the Grievance Officer at [email protected] .

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 authorization, or if you become aware of any unauthorized use of your Account.

You should only transact with a third-party product or service that you know. While the Platform may provide a link between the sender and the recipient of cash or credit balance(s), all payment transactions or any communications/offers carried out through the Platform are solely between the sender and recipient of the payment, and the Platform is not a party to and will not be responsible for any disputes, chargebacks, or reversals arising from payment transactions solicited or initiated by and between Users.

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 unauthorized 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, cancellation, or termination of your use of an Account owing to such measures.

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

It is your sole responsibility to play Nerdee for entertainment, to the extent that you comfortably can. We are committed to the safety & well-being of our players, and strongly advise you to keep track of the time and money you are investing in the skill games. Please consider Nerdee games only as a form of entertainment.

In accessing or using our Platform you agree that you will not:

• Use any automated device, software, process or means to access, retrieve, scrape, or index our Platform or any Content thereon without our express prior written consent;
• Use any device, software, process or means to interfere or attempt to interfere with the proper working of our Platform;
• Undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate site usage;
• Use or index any Content or data on our Platform for purposes of competing with us in any manner that we have not specifically authorized;
• Transmit spam, chain letters, games, junk email, surveys, or other mass messaging, whether commercial in nature or not;
• Use our Platform or any Content therefrom in any manner which is, in our sole discretion, not reasonable and / or not for the purpose it is made available;
• Violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
• Pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
• Act in violation of any Terms of using our Platform;
• Reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Platform or any Content thereon, except as expressly authorized by us;
• Transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

If you choose to submit any content by way of question on the Platform, you hereby warrant that no Contribution (defined hereinafter) shall:

• Be considered to be unlawful, threatening, abusive, bigoted, hateful, libelous, tortious, blasphemous, false or misleading, discriminatory, defamatory, obscene, vulgar, offensive, excessively violent, invasive of another’s privacy, publicity, contract or other rights, pornographic or inclusive of nudity, pedophilic, profane, sexually explicit, indecent, racially, ethnically objectionable, disparaging, relating or encouraging money laundering, or otherwise unlawful in any manner whatsoever;
• Constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law;
• Constitute or contain false or misleading indications of origin or statements of fact;
• Belong to another person and to which you do not have any right to, or infringe the intellectual property rights (whether registered or unregistered) of Company or any third party;
• Contain any information, software or other material of a commercial nature or is patently false or untrue;
• Contain advertising, promotions or commercial solicitations of any kind;
• Harass or harm another person;
• Exploit or endanger a minor;
• Impersonate or attempt to impersonate any person or entity or mislead or attempt to mislead another person regarding your identity;
• Threaten the unity, integrity, defense, security or sovereignty of the territory, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

As it concerns the content uploaded by you, without prejudice to your obligation to otherwise comply with applicable laws during the course of using the Platform, you agree to hereby comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on the Platform. Company may not be held responsible for any content posted, or contributed by Users on the Platform.

The Users admit that they may be exposed to Content posted by other Users which they may find offensive, obnoxious, or indecent and that we may not be able to prevent such Content from being posted. Such Content should be brought to our notice. We shall act upon the information as it deems acceptable. The decision taken by the management of the Company in this regard shall be final and binding on the User and you specifically agree that we shall not incur any liability under any circumstance whatsoever regarding the same.

We reserve the right to prevent unauthorized access to or use of our Platform, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

In the event, we have reasonable grounds to believe that your activities include any of the acts specified above, we may initiate appropriate legal action against you as well as notify the relevant regulatory or law enforcement authorities where appropriate in addition to any other available remedies under law or equity, apart from restricting or suspending or terminating your use of the Platform.

You shall not purchase, sell, assign, trade, rent, loan, lease, license, grant a security interest in, or transfer your User Account, any content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Platform.

Users agree to abide by these Terms and all other rules, regulations, and terms of use of the Platform. In the event User does not abide by these Terms and all other rules, regulations, and terms of use, Company may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:

• Restricting, suspending, or terminating any User’s access to all or any part of Services;
• Deactivating or deleting a User’s Account and all related information and files on the Account. Any amount remaining unused in the User’s game Account or winnings account on the date of deactivation or deletion shall be transferred to the User’s bank account on record with Company subject to a processing fee (if any) applicable on such transfers as set out herein; or
• Refraining from awarding any prize(s) or withholding access to such infringing User.

Users agree to ensure that they can receive all communication from Company by marking emails or sending SMSs from Company as part of their safe senders list. Company shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User’s junk or spam folder.

If a User chooses a username that, in Company’s considered opinion is obscene, indecent, abusive or that might subject Company to public disparagement or scorn, Company reserves the right, without prior notice to the User, to change the User’s username and inform the User, or delete such username and posts from Platform, deny such User access to Platform, or any combination of these options.

Unauthorized access to Platform is a breach of these Terms, and a violation of the law. Users agree not to access the Platform by any means other than through the interface that is provided by Company for use in accessing Platform. 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.

The use of the Platform is subject to existing laws and legal processes. Nothing contained in these Terms shall limit Company’s right to comply with governmental, court, and law-enforcement requests or requirements relating to User’s use of the Platform.

Company may not be held responsible for any content contributed by Users on the Platform.