The following terms and conditions ("Terms") govern your access to the Rush by Hike Application ("Application"/"App"), the Platform (defined below) and use of the services offered through the Application (the "Services"). These terms and conditions (hereinafter "Terms"or "Agreement") constitute a binding agreement between you (hereinafter "you" or "your") and Hike Private Limited, having its registered office at Bharti Crescent, 1, Nelson Mandela Road, Vasant Kunj, Phase - II New Delhi – 110070, India (hereinafter referred to as "we" or "us" or "our" or "Hike", which expression shall include its successors, licensors, assignors, assignees, affiliates, partners, owners by whichever name called).
State Restrictions: Any user residing in the states of Assam, Odisha, Nagaland, Sikkim, Andhra Pradesh, Meghalaya and Telangana and any other state as notified by the central/state government/court ruling in India from time to time ("Restricted States") are prohibited from participating in any Games on the Application. It is hereby clarified that some of the Restricted States such as Meghalaya and Nagaland have requirements where games of skill for stakes may only be offered upon obtaining relevant licenses. Accordingly, at present the Games and the services available on the Application are open only to persons currently residing in India and who are not residents of any of the Restricted States. If you access the Service or any Game from any of the Restricted States, you shall be entirely liable for any legal or penal consequences and we shall be entitled to terminate your account and/or freeze/forfeit the balance in your Winnings Wallet on the Application.
The NFT Airdrop (as defined below) is not intended for distribution to or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance of local laws, if and to the extent applicable.
SERVICES ARE NOT OFFERED TO AND MAY NOT BE USED BY:
PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN THE UNITED STATES OF AMERICA (COLLECTIVELY, “US PERSONS”) OR PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY, AS DEFINED BELOW (EACH SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A “RESTRICTED PERSON”).
WE DO NOT MAKE EXCEPTIONS; THEREFORE, IF YOU ARE A US PERSON OR OTHER RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE THE APP/PLATFORM OR ANY RELATED SERVICES. USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) OR ANY OTHER SIMILAR MEANS INTENDED TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.
You, as an NFT Claimant (defined below), in accordance with these Terms hereby represents that he/she is not a citizen, resident (tax or otherwise), domiciliary and/or green card holder or other similar certificate of residency of a country (i) where holding NFTs, trading NFTs, or participating in NFT sales, whether as a purchaser or a seller, is prohibited, restricted or unauthorized by applicable laws, decrees, regulations, treaties, or administrative acts, or (ii) where it is likely that the sale of NFTs would be construed as the sale of a security (howsoever named), financial service or investment product (including without limitation the United States of America, Canada and the People's Republic of China) (each a “Restricted Territory”), nor is the NFT Claimant accessing/claiming NFTs from any Restricted Territory/ States, nor is the NFT Claimant an entity (including but not limited to any corporation or partnership) whether incorporated, established or registered in or under the laws of a Restricted Territory or otherwise, nor is the NFT Claimant accessing/claiming Rush Avatar NFTs on behalf of any person or entity from a Restricted Territory.
Please read these Terms carefully before you use the Application or any Service offered through the Application. If You do not agree with any part of these Terms, kindly refrain from using any Service, or accessing the Application and/or the Platform.
By downloading, installing or using the Application and/or the Services, you represent that you are competent to enter into this contract under the laws of India and further signify your agreement to be bound by the Terms. Your continued use of the Application and/or the Services offered through the Application will imply your acceptance of the conditions contained under these Terms. We grant such users a non-transferrable, limited, non-exclusive and revocable privilege to register an Account on and use the Application.
We reserve the right to periodically review, update, change or replace any part of these Terms on our website at getrushapp.com at our sole and absolute discretion without any prior notice to you. You must visit this page periodically for updates on the Terms. Your continued usage of the Platform and/or the Application after any such update, change, replacement or modification to these terms constitutes your valid consent to such changes.
The Application offers various skill based online real money games developed and owned by us ("Games") and battles/tournaments in relation to such Games where users compete with one another ("Contest"). Contests require you to pay an entry fee for participation. In order to avail discounted entry fees, you may opt for a VIP Membership Plan as enumerated in Clause 7 below. We may at our sole discretion allow you to use some of our Services or part of Services free of charge while other features may be chargeable (refer to "Payment Terms" below).
The Application also allows you to assemble your own personalized avatar using the elements that we provide on the Application (hereinafter referred to as “Hikemoji”/”Rush Avatar” or any other name designated by us). Rush Avatar can interchangeably refer to the product, personalised avatar or the service in relation to the same.
2. Games of Skill
The Games on the Application are all Games of Skill (defined below). Each game will reward certain skills, such as knowledge of the game, familiarity with rules, experience, reflexes, practice, hand-eye coordination etc. You must note that all Games available on the Application are games where your success or/and performance depends predominantly upon their superior knowledge, training, attention, experience and adroitness ("Games of Skill") in playing the game and less on chance. ‘Games of Skill’, under Indian law, are excluded from the ambit of gambling legislations including, the Public Gambling Act of 1867 and other state enactments.
Given the above background, the individuals residing in the Restricted States (defined below) should not participate in Games offered on the Application. Any participation by such individuals shall be at their sole risk and discretion and we shall not be liable to refund or reimburse any injury or damages suffered by such individuals.
We reserve the right to monitor all activities from your Account on the Application to ensure compliance with law. If you participate in any Games in violation of any central and/or state law(s) in India, we reserve the right to cooperate with law enforcement agencies of the relevant state and report such participation or/and suspicious activity along with all your relevant details.
We do not support, endorse or offer ‘games of chance’ for money. Each Game that is available on the Application has clearly defined rules. You are encouraged to read, understand and follow these rules to be successful in these Games. We shall not be liable if you do not adhere to the Game rules or otherwise engage in gambling or betting activities on the Application, which shall solely be at your sole risk.
RNG Certified Speed Leedo:
Speed Leedo is a game of skill, and the test of that skill lies in a player making the moves after each cube roll. As the moves a player makes depends upon the number obtained in the cube roll, therefore it is extremely important that the cube roll happens randomly and without bias. This randomness is determined by the Random Number Generator (RNG).
RNG ensures that the cube rolls are statistically random and unpredictable thereby assuring the end users that the system is not rigged. Our Speed Leedo game is RNG-certified by Infysec Solutions Private Limited. This certification means that our Speed Leedo game has been tested and that the cube is rolled in a manner that each of the 6 numbers has an equal chance of being shown on the face of the cube after the roll. Thus, the outcome in Speed Leedo for a player is solely determined on the basis of their skill.
Bumper Battle - Beta Version:
Bumper Battle, an exciting game of skill, will initially be launched in beta version and hence, users may face certain gameplay/connection issues. You agree and acknowledge to play Bumper Battle at your own risk and we shall not be held liable for any loss of winning amount or any technical difficulties faced by you. You are also urged to keep a stable internet connection throughout the game to ensure minimum glitches.
The Application and/or the Services and/or the Platform must only be used or accessed by individuals who are competent to enter into a legally binding contract under the Indian Contract Act, 1872, are individuals who are resident in India (as per the Indian tax laws) and are not body corporate. If you are a minor (i.e. you are under the age of 18 years), you must not use the Application or Services or the Platform.
No person who is involved in the development of the Application and/or Services can participate in any Games, where such participation could alter, modify or unduly influence his/her performance on the Game, without our express written permission and subject to such terms and conditions as we may seek to impose on such person.
Certain Games being provided on the Application may be subject to additional conditions or rules applicable to that particular Game, including in the form of questionnaires/FAQs ("Game Terms"). Such Game Terms are deemed to be incorporated herein by reference. Users must agree and adhere to these Game Terms before playing any such Game on the Application. To the extent that these Terms are inconsistent with Game Terms, the Game Terms shall prevail.
4. Nature and use of the Application
Application: The Application is an online platform which allows you to play skill based online real money games with other users. The Service includes allowing you to assemble your own personalized avatar using the elements that we provide on the Application.
More information about the Application and the Services is available on our website at www.getrushapp.com.
Registration: You can use and/or access the Application and the Services by creating an account on the Application using your mobile device by providing Your registered mobile number. Your identity will be verified using a one-time password ("OTP") authentication. Upon successfully verifying the OTP, an account will be created for You on the Application ("Account").
You agree that your use and/or access to Services requires you to provide the following details: your mobile number, name, declaration of name of the state you are resident of, declaration that you are above 18 years of age and any other additional authentications at our sole discretion, including in relation to creation of Rush Avatar. During the onboarding process, you will also be asked to create an avatar using the selfie uploaded by you. By using the Application, you agree to limit access to your mobile device to prevent unauthorized use of your Account on the Application or any unauthorized access to and use of the Services using your credentials. You will be responsible for any activity under your Account for informing us immediately if you have any reason to believe that your Account is likely to be used in an unauthorized manner. Please ensure that the details you provide us are accurate and complete and inform us immediately of any changes to the information that you provided when signing-up.
Representations and warranties: By registering for an Account, You represent, warrant and agree that:
a) You fulfil the eligibility criteria under these Terms, including but not limited to your state of residence and your age.
b) You are using Your actual identity and the mobile phone number you have provided is registered in Your own name. You will not be able to change the mobile number associated with your Account.
c) You will provide only true, accurate, current, and complete information about Yourself, including but not limited to information such as your avatar, name, mobile number, place of residence, age on the Application ("User Details");
d) You will maintain and promptly update the User Details and other information that You provide on the Application to keep it true, accurate, current, and complete.
e) You acknowledge that some of your User Details may be accessible to other users on the Application and shall be available to us to create promotional and interactive content.
f) Your Account is for Your personal use only. You shall not impersonate someone else. By creating an Account after providing a mobile phone number and verifying it using an OTP, You represent, warrant, and agree that You are authorized to use the Platform/Application and will abide by the Agreement.
g) You are solely responsible for all activities that occur with Your device. If you become aware of any unauthorised use of your device, You are required to notify us and the relevant authorities as soon as possible.
Deletion: iOS users may request for deletion of their Account through the Application. Such a user agrees that by placing an account deletion request he/she will forfeit the entire balance in the Deposit Wallet, Bonus Wallet and Winnings Wallet. The information associated with his/her Account will be deleted once such user raises a request for account deletion, except to the extent it is necessary to store the same under applicable laws. The user agrees that he/she will not be able to create another account on the Application using the mobile number which was associated with a previously deleted account.
5. Participation in Contests
You may use the Application to participate in a variety of Contests available on the Application. There can be multiple Contests such as 1v1 battle, multiplayer tournaments and other formats which may be introduced on the Platform from time to time. ‘Player vs Player’ battles are referred to as 1v1 under these Terms. Contests can be either ‘paid. In order to participate in a Contest, subject to clause 7, you shall be required to pay an entry fee on the Application which shall be deducted from the relevant wallet as per the Payment Terms below.
You may participate in Contests by contributing a pre-specified entry fee. The amount pooled by players shall be in the form of a virtual ledger. We charge a platform fee for certain Contests from the user(s), for offering our platform for hosting various games of skill and providing Services to the users. The platform fee is a % of the entry fee, which is applicable to all users playing 1v1 battles except those who have opted for the VIP Membership Plan. Further, we also reserve the right to charge a fixed % for hosting Contests in the form of tournaments.
The Application provides all details game-wise, including entry fees, prize distribution, platform fees. Users are advised to go through the same prior to joining any Contest. We shall not be liable for any omission on your part to brief yourself with the game-specific details, fees, or rules or regulations.
You may participate in a Contest wherein you have to contribute a pre-specified entry fee towards the prize money pool for such Contest, which will be passed on to the winner(s) of the Contest in the form of ‘Winning Amount’ after the completion of the Contest as per the terms and conditions of such Contest. Such Winning Amount shall be credited to the Winnings Wallet of the user who wins the Contest.
Each Contest has a predetermined limit (depending on the Game) on the number of users that can participate and a specified time before which entries must be made. A Contest is deemed to be a valid Contest on the Application, only if the requisite number of Users register for the Contest before the prescribed entry time.
Any amount received by us as an entry fee for participation in a Contest shall be non-refundable, except in the event that a Contest has been cancelled.
Contests shall be announced by us on the Application from time to time in any manner that is convenient to us, and we reserve the right to extend the participation and time limit for registration, cancel any Contest, and modify any terms, with or without due notice to the users of the Application.
We do not issue receipts for entries in the Contests. The entries are accounted for within the Account of the user on the Application.
You agree that applicable taxes, levies and any other Statutory/Govt. dues by whatever name called, in relation to the Games and Contests may be payable by you if required under applicable law. that we assess on your purchase. We reserve the right to change the price and specifications shown in relation to the Application, including but not limited to any subscription, deals, Games etc.
All prizes (including Winnings Amount) are non-transferable and non-refundable. Winnings cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.
In case a user leaves a game after it has started because of any reason, the amount pooled in by the user towards such game shall not be refunded to the user.
6. Payment Terms
In respect of any transactions entered into on the Application, including making a payment to participate in the Contest(s), you agree to be bound by the following payment terms
7. VIP Membership Plan
In order to avail discounted entry fees for playing Games, you may opt for VIP Membership Plan. VIP membership can be bought by making a deposit through one of the VIP deposit packages on the Application. As a VIP member, you shall be governed by the following in addition to other Terms:
8. Restrictions on your use of the Application
Without prejudice to the above, you will not undertake any activities of any kind to: (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) upload any content that infringes any IP or other proprietary rights of any party; (iv) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (v) upload any content that creates or poses a privacy or security risk to any person; (vi) upload any content that is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, racial, unethical or otherwise objectionable; (vii) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; (viii) conduct or forward surveys, contests, pyramid schemes or chain letters; (ix) download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; (x) interfere with or disrupt any of the Services or the servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Communications Services; (xi) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (xii) solicit personal information from anyone under the age of eighteen (18); (xiii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (xiv) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; (xv) violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; (xvi) harvest or otherwise collect information about others, including e-mail addresses, without their consent; or (xvii) violate any applicable laws, restrictions, regulations and rules.
10. Responsible Gaming
We suggest that users adopt a balanced approach while engaging with any of the Games/Contests on the Application and safeguard themselves against any adverse effects.
It is your responsibility to control your surroundings and movements at all times when playing the game to ensure that you don’t injure yourself, any other persons, damage any property etc. Any playing of the Games or entering into Contests is at your own risk and we shall not be liable for any death, injury or health complications resulting from Your use of the Platform/Application.
11. Community Guidelines
We want our Application and the Platform to be a safe and fun place to play online real money games. To facilitate this, we have established the following guidelines for participation in the community (“Community Guidelines”). These Community Guidelines apply to your each and every interaction on our Application and the Platform, social media avenues including but not limited to your interactions with our customer support team.
You may NOT post content that is in relation to any of the following:
Threats, Violence & harm
Impersonation, spam & hacking
Harassment & Bullying
Sexually Explicit Content, violence
Breach of Third Party Rights
Hate Speech & false information
Terrorism & Illegal Activities
If you do not agree with our Community Guidelines, you may delete your Account and/or not access, download and use the Application and/or the Services.
In the event you wish to report any breach of our Community Guidelines, you may contact us at <firstname.lastname@example.org>. We will review these reports to determine whether there is a violation of these guidelines and determine if any action needs to be taken, at our sole discretion.
Changes to Community Guidelines: Any changes in the Community Guidelines shall be posted on our website www.getrushapp.com to reflect changes in the guidelines. You should periodically review this page for the latest information on our community guidelines. Once posted, those changes are effective immediately. Continued access or use of the Application and/or the Services constitutes your acceptance of the changes and the amended Community Guidelines.
Please take these guidelines seriously and honour them in the spirit in which they are intended. We’ll do our best to enforce them consistently and fairly. We reserve the right at all times (but will not have an obligation) to take down any content in breach of our Terms or Community Guidelines and to take any other actions as we deem fit including, suspending Users or reclaiming usernames without liability to you.
12. Rush Avatar
Hike (and/or its affiliates, group companies, licensors, where applicable) is the owner of the services, including all proprietary content, information, material, software, images, text, graphics (including any Rush Avatars that you may assemble using visual elements we provide), illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music and “look and feel” of the Rush Avatar and all related intellectual property rights. Hike grants you a worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sublicensable license to generate Rush Avatars using the elements that we provide. You may not use/facilitate the use either indirectly or directly of the Rush Avatar in ways that are not explicitly authorised by these Terms.
Rush Avatar(s) in any form and manner are owned exclusively by us, and we reserve the right to use any such Rush Avatar for any purpose, including but not limited to promotion of our products and services.
You can use a Rush Avatar for personal and non-commercial use and for non-monetized media, such as a personal profile picture.
Should you develop or be deemed to have any rights in a Rush Avatar, you irrevocably and unconditionally assign to Hike absolutely, with full title guarantee and free from any and all encumbrances, all of your right, title, and interest in and to such Rush Avatar.
In addition to the other Terms herein, you shall not, without our prior express written permission:
13. Modifications in Service
We reserve the right at any time and from time to time to interrupt, restrict, modify or discontinue, temporarily or permanently, Application (or any part thereof) or any Service(s) or the Platform, including the mode of providing the Service, without any cause and/or without any notice to you. You agree that we or our affiliates will not be liable to you or to any third party for any modification, suspension or discontinuance of the Application or Services or the Platform.
14. Disclaimer of Warranties
The contents provided through the Platform/Services/Application may include technical inaccuracies or typographical errors. We may make changes or improvements to the Platform/Services/Application at any time. The contents or any information available on the Platform/Services/Application is provided “as is” and “as available” and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable laws, including but not limited to:
a. any implied warranty or merchantability, fitness for a particular purpose;
b. that the contents of the Platform/Services/Application will be uninterrupted or error-free;
c. the defects, if any on the Platform/Services/Application will be corrected;
d. any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Application, Services or sites, cancellation of competition and prizes.
e. the Platform/Services/Application being constantly available or available at all;
f. installation or uninstallation choices in relation to the Platform/Services/Application being successfully executed in all cases;
g. Your personal ability to use the Platform/Services/Application;
h. Your satisfaction with the use of the Platform/Services/Application;
i. that Platform/Services/Application will meet your requirements and expectations;
j. the accuracy of the data provided by the Platform/Services/Application;
k. the security and privacy of Your data;
l. that all bugs or errors in relation to the Platform/Services/Application will be corrected;
m. that the Platform/Services/Application will be compatible with all devices and all networks;
n. that the Platform/Services/Application is fit for a particular purpose or use;
o. that the Platform/Services/Application and the contents thereof are accessible in every location; or
p. that the Platform/Services/Application and the contents would be perpetually secure and not prone to breaches of security anywhere in the world.
Any material accessed, downloaded or otherwise obtained through our Platform/Services/Application is done at your discretion, competence, acceptance and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from your download or access of any such material.
To the extent permitted under law, neither us nor our affiliates, partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
In case we discover any error, including any error in the determination of winners or in the transfer of amounts to your account, we reserve the right (exercisable at our discretion) to rectify the error in such manner as we deem fit, including through a set-off of the erroneous payment from amounts due to you or deduction from your account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, we agree to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
We, our officers, directors, employees, affiliates and agents and any other entity responsible for providing access to the Platform in connection with this Agreement will not be liable for any acts or omissions, including of a third party, and including those vendors participating in our offerings made to You, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties persons, or for damages that result from the operation systems, equipment, facilities or services provided by third parties that are interconnected with us.
The Platform may include links to other mobile applications and/or websites. We do not endorse or support these links or the products and services they provide; these links are provided for Your convenience only. We are not responsible or liable for the content or accuracy of such links.
To the extent permitted under law, in the event of suspension (temporary or permanent) or closure of Platform/Services/Application, events or contests, including because of any government or court order or passage of any law, or any other Force Majeure Event or any other cause beyond our reasonable control, you shall not be entitled to make any demands, claims, on any nature whatsoever.
You agree that You are responsible for all data charges You incur through use of the Platform/Services/Application.
15. Intellectual Property Rights
The intellectual property rights in all software underlying the Application, Services, Platform and material published on the above-mentioned portals, including (but not limited to) Games, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings etc. is owned by us, our partners, licensors and/or associates, as applicable. You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Application or Platform either in whole or in part without our express written consent.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other interest in your Account, and further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to our benefit.You also acknowledge and accept that we cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all contents accessed by you while using the Platform is at your own risk and you will be sole responsible for any damage or loss to any party resulting therefrom.
16. Third Party Sites, Services and Products
The Application may contain links to other internet sites owned and operated by third parties. Your use of each of those sites is subject to the conditions, if any, posted by the relevant sites. We do not exercise control over any sites and cannot be held responsible for any content residing in any third-party Internet site. Our inclusion of third-party content, payment gateway or links to third-party sites is not an endorsement by us of such third-party site.
For the provisions of the Services, certain products, services, or functionality made available to you via Platform may be delivered by third parties. By using such products, services or functionality originating from Platform, you accept and consent that we can share your information and data with such third parties to the extent necessary to facilitate the provision of product, service, or functionality.
17. Limitation of Liability
To the maximum extent permitted by applicable laws, under no circumstance will us or any of our affiliates, partners, their respective directors, employees or agents be liable to you or any third party for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Application, or the Services following a failure, suspension or withdrawal of all or part of the Application at any time, any third party content, software or functions used in connection with the Application even if we or any or all of our affiliates, agents have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained in the Terms or elsewhere, you agree that our maximum aggregate liability for all your claims under this agreement, in all circumstances, other than for the payment of any withdrawable balance in your user account, shall be limited to Indian Rupees One Thousand only (INR. 1,000/-).
Notwithstanding anything otherwise provided, we reserve our rights, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, in which event you will fully cooperate with us in asserting any available defences in our discretion.
19. Force Majeure
We will not be liable to you for any eventuality caused directly or indirectly as a result of using Application or Services or the Platform(s), in case of any Force Majeure Event. A Force Majeure Event is defined as any act of God, wars or threat of war (declared or undeclared), insurrections, acts of terrorism, epidemic, pandemic, governments actions (including but not limited to passage of any law, order), lockouts, civil unrest, demonstrations, real or potential labour disputes, any natural disaster, inability to obtain relevant authorisations or accident or defect in telecommunication network or any other act, affecting our ability to offer Services or Application or the Application and which are beyond our reasonable control. Force Majeure Event may render it difficult or impossible for us to continue to provide the Services on its Application or the Platform and we retain the right to suspend, limit or terminate the Platform/Application/Services until further notice
We may communicate with you through email, SMS, telephone, by posting notifications on the Application (including push notifications) or any other means of communication. By using the Application, you consent to receive such communications from us including in relation to the Application and/or Services, your account information or any updates/ changes to the Application/ Services and/ or other promotional or marketing communications from us.
We may allow you to use the Services to initiate SMS or text messages or other online communication to your friends, family, or other contacts. You are not required to send such text messages, however in case you do then you shall be solely responsible for them. You understand that standard text messaging and data rates may apply based on your plan with your mobile phone carrier. You also understand that we do not control the recipients, content, or timing of these text messages. If you choose to send any messages through the Services, you represent and warrant to us that the recipients of the messages have appropriately consented to receive the messages.
If you intend to participate in a promotion, and have listed your phone numbers on the National Do Not Call Registry (“NDNC Registry”), then you shall deregister the same from the NDNC Registry till the completion of such promotion. You agree not to make any claim or raise any complaint whatsoever against us in this respect. Please note that persons intending to participate in a promotion who have not de-registered themselves from the NDNC Registry shall also have no right to make any claim or raise any complaints against us if they do or do not receive any call or SMS with respect to their participation and all other matters pertaining to a promotion.
21. Entire Agreement
If one or more provisions of these Terms are held to be unenforceable under applicable law(s), the remainder of these Terms will be valid and enforceable.
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
Your access to the Application/Services/Platform may be terminated by us if:
a. You voluntarily uninstall the Application from your device;
c. Your Account is inactive for more than 365 days;
d. we identify that the same User Details are being used under multiple accounts, then we at our sole discretion will terminate/deactivate the Account without the Users’ consent and any Deposit in the Account will not be refunded.
e. we are required to do so by law.
We may terminate this Agreement at any time, with or without notice and may disable your access to the Application and/or bar You from any future use of the Services.
You may terminate this agreement at any time by terminating Your access to the Application. However, certain obligations of yours under this agreement shall continue to prevail even on such termination.
When the Terms come to an end, all of the legal rights, obligations and liabilities that You and us have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.
25. Governing Law & Jurisdiction
These Terms and all issues and questions thereunder shall be governed and construed in accordance with the laws of the Republic of India.
26. Dispute Resolution
The courts of competent jurisdiction at New Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Application or the Services provided by us, the construction, validity, interpretation and enforceability of these Terms, or your or our rights and obligations, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below.
In the event of any legal dispute (which may be a legal issue or question) which may arise, firstly 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 (15) days of receipt of Notification, the dispute shall be settled by arbitration.
The place of arbitration shall be New Delhi, India by a sole arbitrator who shall be appointed by us and whose decision shall be final and binding upon all the parties. 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.
Nothing contained in these Terms shall prevent us from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard our 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 court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on our part to pursue any remedy for monetary damages through the arbitration described herein.
You agree that any cause of action arising out of Your use of the Platform/Services/Application must be commenced within 3 (three) months after the cause of action accrues or You become aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action shall be permanently barred.
27. Customer Support
In case where you have any queries pertaining to the Application or its Services or the Terms, you may contact our customer service at <email@example.com> or you may alternatively also find the help and support page within our Application.
28. Grievance Officer
In the event you have any complaints or grievances regarding usage of Application or its Services, please contact Priyanka Yerrangula at <firstname.lastname@example.org > who is our Grievance Officer and Compliance Officer. The address for sending any correspondence in this regard is as follows:
Hike Private Limited, 910, 911, Ninth Floor, Westend Mall, Janakpuri, Near District Centre, New Delhi - 110058, India
Attention: Grievance Officer
The complaints will be redressed in the manner provided under the Information Technology Act, 2000, the Consumer Protection Act, 2019 and rules framed thereunder. We will acknowledge the receipt of any consumer complaint within twenty-four hours and redresses the complaint within 15 days from the date of receipt of the complaint.
29. Right to Take down
31. Copyright Notice
If you believe in good faith that any content displayed or transmitted through the Application infringes your copyright, you may reach us at <email@example.com>.
The Application may have a separate tab for offering different types of rewards to the eligible users, including but not limited to the ones listed below. We reserve the right to make modifications to the same or to completely remove this feature at any time. By participating in any of the rewards and contests below, you agree to be bound by these terms and conditions.
Participation in any of the contests/rewards on the App is voluntary. Further, we reserve the right to determine the duration of the contests/rewards. You can reach out to us in case of any queries with respect to any of the contests/rewards at <firstname.lastname@example.org>. Hike shall address the queries only during which the relevant contest/rewards are live on the App.
It is hereby clarified that your eligibility or participation in case of any contest does not guarantee a reward and no reward can be claimed as a matter of right.
In case of any disputes of any kind with respect to any contest/reward, Hike’s decision will be final and binding.
By participating in any contest/reward, you will be legally bound hereby, to release from liability, and hold harmless Hike, and any of its affiliates, employees or agents representing or related to Hike and its services/products.
In the event you win any reward, you agree that Hike may use your name and Hikemoji to declare you as a winner, at its sole discretion, but is not bound to do so. Hike may use the above to promote any contest and any promotions, events, or contests to follow. You acknowledge that you will not receive any compensation, etc. for the use of such pictures, etc., and hereby release Hike and/ or its affiliates and its agents and assigns from any and all claims which arise out of or are in any way connected with such use.
Different sets of rewards may be visible to different users based on the criteria determined by us.
If any user violates these Terms, then he/she may be ineligible for participating in any contest/challenge and his/her reward may be forfeited by us without any prior notice.
Daily Login Rewards Challenge
Certain new users based on the criteria determined by us, may be eligible for pre-specified rewards on the basis of their daily login activity on the app for their initial fixed number of days on the Application. The duration and the details will be visible on the Application itself.
Lucky Spin Contest
This Lucky Spin Contest ("LS Contest") is offered on the Application by us. You may participate in the LS Contest only if you have the latest Application version.
To participate while the LS Contest is live, you must: (a) sign-in to your Rush account. If you do not have an account, you would need to sign-up on the Application, to be able to enter into this LS Contest; and (b) fulfil any other conditions as may be notified on the App from time to time, including but not limited to becoming a VIP Member or making a deposit on the App.
You can participate in the LS Contest by navigating to the Rewards tab and by tapping on "Spin".
Based on the result of the Spin, you may be eligible for reward. Each slice of the wheel will contain 1 (one) reward which can be in the form of, including but not limited to deposit cash, bonus cash, multiple spin options, as determined by Hike (“Rewards”).
A Reward, under any category, may be claimed subject to the following conditions: (a) "Instant" category: If the pointer stops on the slice(s) which falls under the "Instant" category, the amount visible on the said slice shall be credited to your Deposit Wallet (b) "Bonus" category: If the pointer stops on the slice(s) which falls under the "bonus" category, the amount visible on the said slice shall be credited to your Bonus Wallet; (c) "Mega Prize" category; If the pointer stops on the slice(s) which falls under the "Mega Prize" category, the amount visible on the said slice shall be credited to your Deposit/Bonus Wallet; (d) "Spin again" category: If the pointer stops on the slice(s) which falls under the "spin again" category, then you'll be eligible for spinning the wheel again. In case the pointer falls in the ‘No Luck’ category, then you will not be eligible for receiving any reward on that particular day.
Eligible users need to log in to the Application and spin the wheel daily, to be eligible for Guaranteed Cash Rewards on specified days of the LS Contest. By way of illustration, if the LS Contest page shows that the user will be eligible for Guaranteed Cash Rewards on Day 4 of the LS Contest, then the user would need to log in and spin the wheel daily from Day 1 to Day 3 without fail to be eligible for the Guaranteed Cash Reward.
New users on the Application: New users who have participated in the Daily Login Rewards Challenge may be transitioned to the LS Contest upon the expiry of the Daily Login Rewards Challenge period as specified on the Application.
Odds of winning will be determined randomly using our algorithm.
Other contests: Please note that we may be running similar contests or promotions at the same time as this LS Contest. By entering this LS Contest, you will not be eligible to receive any benefit and/ or reward awarded in any other promotion/ contest unless you enter each promotion/ contest separately.
33. Refer a Friend Program
34. Rush Avatar NFTs
Non-Fungible Tokens ("NFT") are unique and non-interchangeable tokens on a blockchain that represents real or virtual assets like artworks, images, and/or any other types of digital files. During its NFT airdrop, Hike plans to distribute "Rush Avatar NFT" as rewards for the existing as well as the new users to the app who meet certain criteria ("Eligible Users") as determined by Hike at its sole discretion ("NFT Airdrop"). We have no obligation to notify users of the App of the eligibility criteria of the NFT Airdrop prior to the execution of such airdrop.
Eligible users who claim these Rush Avatar NFTs as part of the NFT Airdrop shall be referred to as "NFT Claimants". The Rush Avatar NFTs will be airdropped in the custodial wallet to the relevant NFT Claimant.
In order to claim such Rush Avatar NFTs, the NFT Claimants shall agree to these Terms. By claiming the airdropped Rush Avatar NFTs, you as an NFT Claimant, represent that you have read, understood and agreed to be bound by these Terms without limitation or qualification. You further agree that we reserve all rights including the final and conclusive decisions on the Rush Avatar NFTs, including any airdrop.
The Rush Avatar NFTs (defined below) distributed in connection with the NFT Airdrop (defined below) shall be considered as ‘rewards’. These rewards are given gratuitously to incentivize the loyal users of the App and do not confer any rights, neither statutory nor contractual, on recipients, unless as explicitly specified in these Terms.
The Rush Avatar NFTs are inherently representative of Rush Avatar and are programmable in nature. The underlying object of the airdropped NFT will be Rush Avatar. Please refer to paragraph 12 for more information about Rush Avatar (including the license terms thereto).
There may be in-game utility(ies) attached to these NFTs based on our discretion. Please note that the “Launch Edition” of the airdropped NFTs may comprise of different categories: The Boss, Superstar, Hero, Captain, Khiladi, where the numbers of each category is limited and these will have different utilities/superpowers assigned to them. At present, these can also be used as profile pictures within the App.
Ownership & other rights
Subject to your rightful and lawful acquisition of the airdropped Rush Avatar NFT and, with respect to such airdropped NFT, your continued compliance with these Terms, Hike grants you the ownership over your respective Rush Avatar NFT. However, we do not permit you to use this NFT anywhere outside the App or transfer it to third parties whether in-app or outside. At present, you may ONLY use the Rush Avatar NFT as per the ‘Utility’ section above. The right granted hereunder applies only to the extent that you rightfully and lawfully airdropped or acquired the NFT. If at any time you breach these Terms, engage in any unlawful business practice related to the Rush Avatar NFT, sell, trade, donate, give away, transfer, or otherwise dispose of your airdropped NFT for any reason, the right granted to you in this section will immediately terminate with respect to those airdropped NFT without the requirement of notice, and you will have no further rights in or to the for those NFTs.
In case you did not rightfully and lawfully acquire/claim the Rush Avatar NFT or upon any termination of your rights as per this section, we may disable your access to the Rush Avatar NFT and/or deny access to any further benefits, services or goods associated with the Rush Avatar NFT/Rush Avatar and shall delete, remove or otherwise destroy any backup or single digital copy of the underlying object.
Notwithstanding the above, it is hereby clarified that we retain all rights (including but not limited to copyright, trademark, underlying technology) over the underlying object comprising of the relevant Rush Avatar NFT, i.e. the Rush Avatar (including but not limited to all its components, virtual assets) in perpetuity. We are only providing you a worldwide, non-exclusive, revocable, royalty-free license, with no right to sub-license, to display the Rush Avatar, solely for your own personal, non-commercial use (for example home display, display in a virtual gallery or as an avatar).
You do not have: (i) the right to use the Rush Avatar NFT to create additional NFTs of any kind; (ii) the right to create derivative work of the Rush Avatar forming part of the Rush Avatar NFT or otherwise.
You agree that you may not, nor permit any third party to do or attempt to do any of the following without our express prior written consent in each case: (i) modify, distort or perform any other change to the underlying object for your Rush Avatar NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or colour schemes, except as permitted on our App; (ii) use the underlying object for your Rush Avatar NFT NFTs as a brand or trademark or to advertise, market, or sell any third party product or service; (iii) use the underlying object for your Rush Avatar NFT NFTs in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others or promote illegal activities; (iv) use the underlying object for your Rush Avatar NFTs in movies, videos, or any other forms of media, except solely for your own personal, non-commercial use; (v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the underlying object for your airdropped NFTs; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the underlying object for your airdropped NFTs; (vii) You shall not be entitled to burn the NFT, i.e., take the NFT out of circulation by sending it to a cryptocurrency wallet which is not accessible or in any other manner; or (viii) otherwise utilize the underlying object for your airdropped NFTs for your or any third party’s commercial benefit.
To the extent that the underlying object associated with your airdropped NFT contains Third Party IP (e.g., licensed intellectual property), you understand and agree as follows: (a) that you will not have the right to use such Third Party IP in any way except as incorporated in the underlying object, and subject to the license and restrictions contained herein; (b) that, depending on the nature of the license granted from the owner of the Third Party IP, we may need to pass through additional restrictions on your ability to use the art; and (c) to the extent that we inform you of such additional restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of these Terms. The restrictions in this section will survive the expiration or termination of the rights granted to you in relation to the Rush Avatar NFT/Rush Avatar.
At present, You do not have any right to transfer the airdropped Rush Avatar NFT to any one whether inside or outside the App.
Notwithstanding the above, prior to any sale or liquidation of the Rush Avatar NFTs (“Transfer”), if permitted by us, the NFT Claimant shall undergo the Know Your Customer ‘KYC’ procedure specified by us in order to ensure the legitimacy of the users by verifying their identity for risk assessment, wherein, the user shall provide information about their identity and address proof, further upload your photo ID along with face recognitions. You agree and acknowledge that failure to comply with the KYC process specified by us will lead to you not being able to effect the said Transfer in the future and you will be liable for any loss incurred by you with no liability to us.
You agree to hold harmless and indemnify us/or affiliates, as applicable, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys' fees arising out of or in any way related to (i) misuse of the airdropped Rush Avatar NFT; (ii) violation of the rights of the third party, including another user; (iii) violation of applicable laws, rules or regulations in connection with the user’s access to or use of the Airdropped Rush Avatar NFT, including the user’s failure to pay any applicable direct or indirect taxes in connection with the transactions of the airdropped NFT, if applicable.
You acknowledge and agree to the risks attached with NFT Airdrop/Rush Avatar NFT, as follows:
(i) To the extent as there is a price or market for a blockchain asset, such markets and prices are extremely volatile, and variations in the price of other digital assets could materially and adversely affect the value of any digital asset(s) you own, such as airdropped Rush Avatar NFTs, and there is no guarantee that such airdropped NFTs will have or retain any value; (ii) there are risks associated with using an internet-native assets (e.g., non-fungible tokens, etc.) including, but not limited to, the risk of hardware, software and internet connections and/or failures, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital "wallet", and we will not be responsible for any of these, howsoever caused; (iii) we do not make any promises or guarantee about the availability of the underlying object i.e. Rush Avatar on the internet or that they we host the underlying object at any specific location and/or for any specific period of time; (iv) upgrades to the Polygon platform, a hard fork in the Polygon platform, a failure or cessation of Polygon, or a change in how transactions are confirmed on the Polygon platform may have unintended, adverse effects on all blockchains using such technologies, including without limitation airdropped Rush Avatar NFTs; (v) we are not responsible for any transaction between you and a third party or for any consequences of such transaction (e.g. any costs or taxes being due with respect to such transaction), and we shall have no liability in connection with any such transaction or its consequences; (vi) the regulatory status of NFTs and distributed ledger technology is unclear or unsettled in India among many other jurisdictions. Regulatory actions could negatively impact airdropped NFT in various ways. We, our affiliates, licensors, suppliers or partners may cease operations in Indian jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in the jurisdiction, or commercially undesirable to obtain the necessary regulatory approval(s) to operate in the jurisdiction.
Disclosure of warranties
You agree and accept that the airdropped Rush Avatar NFT(s) is being distributed "as is", with no representation or warranty of any kind, express or implied, in excess of any statutory warranty rights that you may have under applicable law.
We make no representations regarding the tax implications for You from airdropping of the Rush Avatar NFTs or possession or use of them. You agree that you are solely responsible for determining tax implications, if any, for You in Your home jurisdiction or any other jurisdiction from airdropped Rush Avatar NFTs claimed by you on the App. By accepting the airdropped Rush Avatar NFTs in accordance with these Terms, You agree to be solely responsible for any applicable taxes imposed on, and agree not to hold us or our affiliates liable for any tax liability associated with or arising from Your acceptance, possession, or use of Rush Avatar NFTs.
Reserving our rights
We reserve the sole and absolute right to disqualify any user that we deem ineligible for the NFT Airdrop (be it under these Terms or by having engaged in a conduct that Hike considers inappropriate or unacceptable).
Disclaimer: Apple’s app store is only an app downloading platform and in no way, shape or form, Apple is responsible/involved for any Games/contest/campaign on the Application.