The following terms and conditions ("Terms") govern your access to the Rush Free Application ("Application"/"App"), 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, which expression shall include its successors, licensors, assignors, assignees, affiliates, partners, owners by whichever name called).

The Application can be downloaded from the Google Play Store, subject to its terms and conditions and the privacy policy.

The Games and the services available on the Application are open only to persons who are residents of India.

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.

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.

These Terms constitute an 'electronic record' within the meaning of the laws of India (including the Information Technology Act, 2000) and are generated by a computer system and do not require any physical or digital signatures. These Terms have been published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines) Rules, 2011.

We reserve the right to periodically review, update, change or replace any part of these Terms 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 Application after any such update, change, replacement or modification to these terms constitutes your valid consent to such changes.

1. Application

The Application offers various skill based online games developed and owned by us ("Games") and tournaments in relation to such Games where users compete with one another ("Contest"). The Contests do not require you to pay an entry fee for participation.

2. Games of Skill

The Games on the Application are all Games of Skill (defined below). Each game rewards 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.

State Restrictions: Any user residing in the states of Assam, Odisha, Nagaland, Sikkim, Andhra Pradesh, and Telangana and any other state as notified by the central/state government/court ruling in India from time to time (“Restricted States”“Restricted States”) is prohibited from accessing the Application, including participating in any Games on the Application.

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 offer ‘games of chance’ for money on the App. 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 own risk.

RNG Certified Games:

Rush offers a variety of skill-based games, where the essence of skill lies in a player's strategic moves based on the outcomes of cube rolls and card draws. To ensure fairness, it's important that both the cube rolls and card draws occur randomly and without any bias. This randomness is determined by the Random Number Generator (RNG).

RNG ensures that the outcomes in our games, whether involving rolling of dice or the shuffling decks of cards, are statistically random and unpredictable thereby assuring that the system is free from any manipulation. On Rush, all the dice games and card games, such as Speed Leedo, Speed Ladders, Tezz Leedo, Callbreak, or any other, are RNG-certified. This certification means you can trust that the system is not rigged, and all players have an equal opportunity to succeed. Thus, the outcome in Speed Leedo for a player is solely determined on the basis of their skill.

3. Eligibility

The Application and/or the Services 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.

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.

We reserve the right to terminate your Account (defined below) and/or deny access to the Application/Services if it is brought to our notice that you have violated the Terms/Privacy Policy or applicable law.

4. Nature and use of the Application

Application: The Application is an online platform which allows you to play skill based online games for free 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 us is available on our website at www.getrushapp.com.

You can download the Application from Google Play Store, subject to the terms and conditions and the privacy policy of the Play Store.

You can use and/or access the Application and the Services by agreeing to the Speed Ludo terms and conditions, confirming that you are 18 years of age or older, and confirming that you are not from any Restricted States. You agree that, during the onboarding process or during your use and/or access to Services, there may be instances where you are either required or given the option to provide the following details: your mobile number, name, state you are resident in, declaration that you are above 18 years of age and any other additional authentications at our sole discretion. During the onboarding process or during your use and/or access to Services, you may be given an option 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 while using our Services.

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, 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. By accessing or using the Services, You represent, warrant, and agree that You are authorized to use the 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.

5. Participation in Contests for free

You may use the Application to participate in a variety of Contests available on the Application for free. We may also provide practice match tables to acquaint you with the game rules.

In case you win a Contest, certain ‘Winning Amount’ may stand credited to your Winnings Wallet post completion of the Contest as per the terms and conditions of such Contest. It is hereby clarified that there are no guaranteed Winning Amounts for every Game/Contest that you might win, and that it varies with the Game.

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.

With respect to the Contests, we reserve the right to extend the participation and time limit for registration, cancel any Contest, and modify any terms (including the Winnings Amount), with or without due notice to the users of the Application, as per law.

Winning Amount (if any) cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.

You shall be able to view Game History on the Application.

6. Wallet and Withdrawal Terms

Withdrawals of the Winning Amount credited to your Winnings Wallet shall be governed by the following terms:

• Any user availing the Services are provided with Winnings Wallet. Your winnings in any Contest will be credited to the Winnings Wallet, subject to TDS deductions.
• The amounts in the Winnings Wallet can be withdrawn and this can be done using your Paytm’s account. We may specify minimum and maximum threshold for withdrawals or any other withdrawal related conditions at our sole discretion.
• You shall be required to verify your account using Your mobile number followed by a one-time password (“OTP”) authentication for making a withdrawal.
• We reserve the right to forfeit the balance forming part of the Winnings Wallet at any time at our sole discretion, including if the same lies unused for a period determined by us.
• Notwithstanding the above, we reserve the right to restrict the amount of withdrawals from the Winnings Wallet to a certain lifetime threshold at our sole discretion, meaning thereby that an user will be able to withdraw the amounts till the time the user does not breach the overall withdrawal cap associated with an user account on the Application. Once the user reaches the above-mentioned limit, the prize pool for the games will be automatically reduced to zero.
• We keep all the amounts forming part of the user’s Winnings Wallet balance unencumbered and all amounts due and payable to you as per these Terms and Game Terms shall be remitted to you in due course subject to the Terms.
• All amounts credited into the Winnings Wallet must be utilised within 365 days of credit. In case any unutilised amount lies in the Winnings Wallet after the completion of 365 days from the date of credit of such amount, we reserve the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to you. We will be keeping records pertaining to the Account and the transactions for the time period permitted and required by applicable law.
• Withdrawal of any amount standing to your credit in the Winnings Wallet may be made by way of a request by the user on the Application. No amount from the wallet shall automatically be credited to your Paytm account. We may also place certain withdrawal limits at our sole discretion.
• You may please ensure that the mobile number linked to your paytm account is the same as the one that you used to create an account on the Application. Please note that you may not be able to transfer money from your Winnings Wallet if this is not the case, and we shall not be liable or responsible for such a scenario.
• In cases where the transfer of amount(s) has been requested by the user, the amount(s) shall be transferred to your Paytm wallet linked to your Account by Paytm within a commercially reasonable period of time. You may be required to provide identity/address proof towards completion of KYC in case the winning amount exceeds a certain threshold or if you meet certain parameters as determined by Hike/Paytm and as communicated in the Application from time to time. You agree that in such cases you are required to provide the necessary details as requested by us in order for us to process the withdrawal request. We will not be able to process your withdrawal request upon your failure to provide such information where required. The name mentioned on your identification documents should correspond to the name provided by you at the time of registration on the Application, as well as the name existing in the Paytm records. In case your Account is not linked to your Paytm account or if the transfer is declined by Paytm as per its terms and conditions, you will not be able to withdraw any amount lying to the credit of the Winnings Wallet and in such a scenario, we shall be entitled to forfeit any amounts lying in the Winnings Wallet after the expiry of 365 days from the date of credit. Failure to provide us with valid Paytm account details or valid identification documents or other information as requested by us (to our satisfaction) will result in the forfeiture of any amounts subject to transfer in accordance with this clause.
• Any tax/levies/duty etc., as applicable on winnings, shall be paid by the winner of the game. Based on TDS (tax deducted at source) Rules for any sort of game winning in India, 31.2% TDS should be deducted on any winning above Rs. 10,000/- in a single game.
• Goods and Service Tax shall be applicable as per Indian law.
• The User acknowledges that subject to time taken by Paytm and such other external dependencies that we have on third parties, any transactions on our Application may take up to 48 hours to be processed. Any amount credited to the Winnings Wallet may take up to 48 hours to reflect.
• A withdrawal from Winnings Wallet to your Paytm account, once effected, is final and no cancellation is permissible.
• We may, in certain exceptional circumstances and at our sole and absolute discretion, refund the amount to you after deducting applicable cancellation charges and taxes. At the time of the transaction, you may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.
• We reserve the right to extend, withdraw, amend, limit validity, amount, modify terms, etc. of any reward, incentives. It is hereby clarified that we also reserve the right to introduce incentives, rewards, offers etc. without any validity and thereafter, to introduce the validity period or vice versa at our sole discretion at any point of time.
• We reserve the right to withhold taxes as appropriate and as required under applicable laws.
• We shall not be liable for any services rendered by any third party on our Application, including downtimes, network failure, glitches, payment failures, and delays at their end.
• You shall be responsible for complying with Paytm’s terms and conditions so far as withdrawals are concerned, including Paytm’s KYC requirements. Please note that, notwithstanding anything contained herein, your non-compliance with Paytm’s policies may affect withdrawals from your Winnings Account and Hike shall not be liable for the same.

7. Premium Games

We may allow users to be redirected to our website and thereafter, the users will be able to unlock premium features. In case you decide to access certain premium features, the amounts lying to the credit of the Winnings Wallet in the Application will automatically be transferred to the platform hosting these premium features (“Premium Platform”). Thereafter, the withdrawal process shall be governed by the terms of services of the above-mentioned platform www.getrushapp.com/terms/.

In case you decide to access the Application after accessing the above-mentioned Premium Platform, the amounts won by you on the Premium Platform (“Premium Winning Amount”) will be reflected in the Application itself. Thereafter, in case you make a withdrawal request on the Application in relation to the Premium Winning Amount, you shall be required to pay withdrawal fee amounting to 10% on the Premium Winning Amount that you seek to withdraw. Such withdrawal shall be subject to you having made at least one deposit on the Premium Platform.

Your access to our website and the content thereunder is governed by the terms of service accessible on the website www.getrushapp.com/terms/. You are requested to go through the same.

It is hereby clarified that the games on the Premium Platform should not be accessed by any user residing in the Restricted States. If you access any premium feature from any of the Restricted States, you shall be entirely liable for any legal or penal consequences and we shall be entitled to take any action as we deem fit.

8. Restrictions on your use of the Application

• You will not use the Application, or any content provided thereof for any purpose that is illegal, unlawful or prohibited by these Terms or under applicable law.
• You will not use the Application, or any content provided thereof:
• to host, display, upload, modify, publish, transmit, update or share any information that belongs to another Person and to which the you do not have any right;
• which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging,
• that relates to or encourages money laundering or gambling, or is otherwise unlawful in any manner whatsoever;
• that harms minors in any way;
• that infringes any patent, trademark, copyright or other proprietary rights; violates any applicable law for the time being in force;
• that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• which impersonates another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the platform or any other computer resource;
• that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; threatens public health or safety; threatens critical information infrastructure.
• You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Application/Services or any component or content thereof, available to third parties without our express written permission (on our official letterhead).
• You will not circumvent or disable any digital rights management, usage rules, or other security features of the Application; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Application; and not use the Application in a manner that threatens the integrity, performance, or availability of the Application.
• You will not attempt to or engage in any activity that may:
• reverse engineer, decompile or otherwise extract the source code related to the Application or any part thereof, unless it is expressly permitted by us to You in writing or is required by the applicable law;
• Amount to colluding with other players or hacking or engaging fraudulent malpractices or misconduct of any kind.
• use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Application or content thereof;
• collect information about users for any illegal or unlawful purpose;
• create any Account by automated means or under false or fraudulent pretences for using the Application;
• Use Virtual Private Network (VPN) or any other technology to access the Application, including from the Restricted States;
• transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Application;
• use the Application in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Application, or interfere with any other Users’ use and enjoyment of the Application;
• carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Application or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Application or any part of the Application or any User of the Application; and/or
• forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through Application.
• You will not impersonate another person or guide or host on behalf of, or falsely state or otherwise misrepresent your affiliation with any Person or entity, including, but not limited to our employees, agents, partners, affiliates, dealers and franchisees.
• If we detect any activity from your Account that is fraudulent, suspected to be defrauding the Application, or if you are found colluding or participating in any kind of fraudulent activity on the Application in any manner, then you shall be debarred from participating in any Game available on the Application.
• We reserve the right to deactivate or delete your Account and all related information on it and forfeit balance lying in your Winnings Wallet in your Account and/or take any other appropriate action, at our sole and absolute discretion, in the event of any fraudulent, illegal or suspicious activities from your Account on the Application, including in relation to violation.
• We may choose to provide a right of appeal to the User after deleting, closing or forfeiting the balances in such a User's wallet. However, such right shall be provided at our sole and absolute discretion and you shall not claim such right or any other recourse from us.

9. Privacy Policy

Please read our Privacy Policy to understand our practices which govern your use of the Application/Services. Any information (including your personal information and/or sensitive personal data or information) provided by you on the Application will be collected, stored, processed, transferred or shared by us and our affiliates in accordance with our Privacy Policy. These Terms are deemed to incorporate the Privacy Policy in its entirety.

10. Responsible Gaming

We suggest that users adopt a balanced approach while playing any Games 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 Games to ensure that you don’t injure yourself, any other persons, damage any property etc. we shall not be liable for any death, injury or health complications resulting from your use of the Application.

11. 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), 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.

12. Disclaimer of Warranties

The contents provided through the Services/Application may include technical inaccuracies or typographical errors. We may make changes or improvements to the Services/Application at any time. The contents or any information available on the 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 Services/Application will be uninterrupted or error-free;

c. the defects, if any on the 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 Services/Application being constantly available or available at all;

f. installation or uninstallation choices in relation to the Services/Application being successfully executed in all cases;

g. Your personal ability to use the Services/Application;

h. Your satisfaction with the use of the Services/Application;

i. that Services/Application will meet your requirements and expectations;

j. the accuracy of the data provided by the Services/Application;

k. the security and privacy of your data;

l. that all bugs or errors in relation to the Services/Application will be corrected;

m. that the Services/Application will be compatible with all devices and all networks;

n. that the Services/Application is fit for a particular purpose or use;

o. that the Services/Application and the contents thereof are accessible in every location; or

p. that the 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 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 Application 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 Application 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.

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

To the extent permitted under law, in the event of suspension (temporary or permanent) or closure of 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 Services/Application.

13. Intellectual Property Rights

The intellectual property rights in all software underlying the Application, Services 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 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.

14. Third Party Sites, Services and Products

We may use certain third party services including but not limited to Paytm (One97 Communications Limited) for facilitating payment through their payment gateways on our Application. You agree to be bound by the terms of service and privacy policy of such third parties including but not limited to Paytm. You agree to be solely responsible to keep track of any changes that may be made to these aforesaid terms by the relevant party.

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.

15. 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/-).

16. Indemnification

You agree to indemnify, defend and hold harmless us and our subsidiaries, assignors, assignees affiliates, partners, owner(s) and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand, judgment, settlement or expense (including but not limited to attorney's fees) of any kind arising out of: (i) your access to or use of the Application and/or Services; (ii) any breach of these Terms, Privacy Policy; (iii) your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation. This clause shall survive termination of these Terms.

17. Force Majeure

We will not be liable to you for any eventuality caused directly or indirectly as a result of using Application or Services, 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 and we retain the right to suspend, limit or terminate the Application/Services until further notice.

18. Communications

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.

19. Entire Agreement

You agree that these Terms read with Privacy Policy will constitute the complete agreement between you and us and supersedes any prior agreements, oral or written, and any other communications between you and us relating to the subject matter of these Terms.

20. Severability

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.

21. Waiver

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.

22. Termination

Your access to the Application/Services may be terminated by us if:

a. You voluntarily uninstall the Application from your device; or

b. You knowingly or unknowingly cause direct or indirect breach, as ascertained by us, of these Terms or Privacy Policy as a whole or in part; or

c. 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.

d. we are required to do so by law.

Notwithstanding the above, 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.

23. 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.

24. 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 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.

25. 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 <support@rushapp.in> or you may alternatively also find the help and support page within our Application.

26. Grievance Officer

In the event you have any complaints or grievances regarding usage of Application or its Services, please contact Priyanka Yerrangula at 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 fifteen days from the date of receipt of the complaint.

27. Right to Take down

You understand and agree that we may takedown, delete or remove any content available on the Application or in relation to the Services at our sole discretion, without any notice to you, for any reason whatsoever including on account of your violation of these Terms or Privacy Policy or if required in accordance with applicable law (including but not limited to the Information Technology Act, 2000).

28. Forfeiture

We reserve the right to forfeit any account which we determine as - inactive, violative of intellectual property rights, violative of these Terms or Privacy Policy or misleading in nature.

29. 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 legal@rushapp.in.

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.