The following terms and conditions ("Terms") govern your access to the Rush by Hike Application ("Application"/"App"), the Platform (defined below), Social Media Avenues (defined below) and regulates the 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, Tamil Nadu 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, unless otherwise set out under the ‘Additional Terms’. It is hereby clarified that some of the Restricted States such
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
to persons currently residing in India and who are not residents of any of the Restricted States. If you
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. This list of Prohibited States may change from time to time; you are
advised to peruse the Terms from time to time to apprise yourself of the updated list.
Additional Terms: Users who are physically present in Tamil Nadu are restricted from playing games on the Platform that involve cards, dice, wheel or such other device, which works on random outcome or event generator. On the Platform, the users may participate in games that do not fall within the above mentioned categories.
The Airdrop (as defined in Paragraph 34) 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.
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 and all changes are effective immediately upon being posted on the Website. 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 contribute to the game pool for participation. In order to avail discounted entry fees, you may opt for a VIP Membership Plan as enumerated in Clause 8 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 ”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/betting legislations including, the Public Gambling Act of 1867 and other state enactments.
Given the above background, the individuals residing in the Restricted States (defined above) 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.
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.
User agrees that playing games or performing any other activity of any kind on the Application and/or pertaining to the Services and/or the Platform is not in the course of furtherance of their business or profession and all such activities are solely for entertainment purposes
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 one of the following methods as selected by you: (i) a one-time password (“OTP”) authentication; (ii) verification of your registered mobile number over the internet through the ‘WhatsApp’ mobile application using a third party service provider; or (iii) 1- tap verification through Truecaller (available only for Android users). Upon successful verification, 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. 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 visible to other users on the Application.
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 it in any manner aforementioned, 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.
h) You acknowledge and consent that we may use User Details to create promotional and interactive content, and that we may use your User Details for advertisements, promotions, offers, and any other sponsored content that we may display on the Platform or any other marketing channels, including its digital channels, television, print and publication, without requiring any additional consent from You and without being required to pay any payment/monetary compensation to You.
Deletion: iOS users may request for deletion of their Account through the Application. Such a user agrees that by placing an account deletion request, the entire balance in the Deposit Wallet, Rush Rewards Wallet, Rush Rewards Wallet and Winnings Wallet shall be forfeited. 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 8, you shall be required to contribute in the game pool 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 amount. 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 amount contributed in the game pool, which is applicable to all users playing 1v1 battles except those who have opted for the VIP Membership Plan (defined below). 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 amount to be contributed in game pool, winning amount, platform fees. Users are advised to go through the same prior to participating in any Contest. We shall not be liable for any omission on your part to brief yourself with the game-specific details, fees, rules or regulations.
You may participate in a Contest wherein you have to contribute a pre-specified amount towards the winning amount pool created 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 limit.
Any amount contributed in the game pool for participation in a Contest, shall be distributed as per the rules and terms & conditions of the Game. The said amount shall not be refundable to the participant 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 participation in the Contests.The participation for a Contest is accounted for within the Account of the user on the Application. If a user requires a tax invoice for the amount charged by Hike from such a user, a request may be made with our customer support team as per these Terms.
You agree that applicable taxes, levies and any other Statutory/Govt. dues by whatever name called, may be payable by you if required under applicable law.
Winning amounts or prizes, if any 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 contribution in the game pool of such user shall be retained by us.
6. Payment Terms
In respect of any transactions entered into on the Application, including making any contribution to the game pool to participate in the Contest(s),, you agree to be bound by the following payment terms
7. Additional Terms & Conditions for Certain Users on the App
8. VIP Membership Plan
In order to avail discount for playing Games, you may opt for a 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:
9. Restrictions on your use of the Application
Without prejudice to the above, you will not undertake any activities such as host, display, upload, modify, publish, transmit, store, update or share any information that, 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 or share any content that belongs to another person and infringes any IP or other proprietary rights of any party; (iv) upload files that contain viruses, malwares, 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, paedophilic, harmful to child, 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 the Platform specifically allows such messages; (viii) conduct or forward surveys, contests, pyramid schemes or chain letters; (ix) download any file posted by another user of the Platform 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 Platform; (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 Platform; (xv) violate any code of conduct or other guidelines which may be applicable for the usage of Platform; (xvi) harvest or otherwise collect information about others, including e-mail addresses, without their consent; (xvii) 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 other nation; (xviii) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature; or (xix) violate any applicable laws, restrictions, regulations and rules.
11. 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.
You shall abide by the Fairplay Policy available at https://www.getrushapp.com/fairplay . It shall be deemed to be a part of these Terms.
12. 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, the Platform, and any online platforms used by Hike to communicate, interact and engage with you and the community, including but not limited to the telegram group such as Rush App, Rush Insiders, Twitter accounts, Instagram profiles, YouTube channels, and similar platforms (“Social Media Avenues”).
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
Additional Rights/Compliances for Social Media Avenue:
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 and any other Social Media Avenue.
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.
13. 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:
14. 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.
15. 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.
16. 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 solely responsible for any damage or loss to any party resulting therefrom.
17. 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.
18. 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.
20. 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, government 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.
We value any suggestions, ideas, comments, opinions, information, or other input provided by users of the Rush app through various channels, including but not limited to the app's feedback feature, social media avenues, email, surveys, customer support interactions, community forums, and any other means of communication (collectively the, “Feedback”).
By providing Feedback through the app, social media channels, email, or any other means of communication, users acknowledge and agree that Hike has the right to utilize, analyze, reproduce, modify, adapt, publish, display, distribute, or incorporate their Feedback in any way deemed appropriate, without the need for further consent or compensation. This includes using the Feedback for promotional purposes, improving our Services and Platform, developing new features, enhancing user experiences, conducting market research, and other business-related activities. Users understand that any Feedback they provide becomes the exclusive property of Hike, and they do not retain any proprietary or intellectual property rights over their Feedback.
23. 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 any and all wallet balances 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.
27. Governing Law
These Terms and all issues and questions thereunder shall be governed and construed in accordance with the laws of the Republic of India.
28. 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.
29. 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.
30. 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 redress the complaint within 15 days from the date of receipt of the complaint.
31. Right to Take down
33. 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. It is clarified that such rewards are in the nature of discounts. The User will be eligible to avail and utilize the discounts offered by the Company, subject to terms and conditions with respect to each of the discounts as communicated from time to time. 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 Rush Avatar 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.
Lucky Spin Contest
This Lucky Spin Contest ("LS Contest") may be 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 Earn 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, Rush Rewards, multiple spin options, as determined by Hike (“Rewards”).
Eligible users need to log in to the Application and spin the wheel daily, to be eligible for certain rewards on specified days of the LS Contest. It is hereby clarified that Hike does not give any guarantee that the user will win a reward.
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.
35. Refer a Friend Program
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.