Terms and Conditions

Terms and Conditions

1. General Terms

Please read the following Terms of Access ("Terms of Access") carefully before registering on, accessing, browsing, downloading or using Funnearn, which can be accessed via the Funnearn at website named "https://www.funnearn.com", Funnearn, android stores and such other locations as uploaded (hereinafter collectively, the Funnearn Platform ) and run by Comely Enterprises Private Limited, having its registered office at A1/128, Sector-11, Rohini, Delhi-110085 on any device and before availing any services offered on the Funnearn Platform.

2. General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website/application through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. Acceptance

By accepting these terms you are fully aware that there is a risk of losing money when gaming and you are responsible for any such loss. You agree that your use of Our Services is at your sole option, discretion and risk. In relation to your losses you shall have no claims whatsoever against Funnearn or any partner, or respective directors, officers or employees.

4. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site/app is not accurate, complete or current. The material on this site/app is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site/app is at your own risk. We reserve the right to modify the contents of this site/app at any time. You agree that it is your responsibility to monitor changes on our site/app.

5. Modifications to the Services and Prices

Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

6. Restrictions

You may not use Our Services if your jurisdiction is from outside India or States of Assam, Odisha, Telangana and Karnataka in India Any accounts created or used in those jurisdictions will be closed and voided.

7. Creating an Account

a. Verification

We are required to verify all of our customers' identities to comply with the requirements of Our licenses, Our responsibility to prevent underage gaming and to prevent crime. At registration, you are required to enter your personal details, such as name, address, and date of birth and upload the copy of your Adhar Card approved by the Government of India.

If you cannot be verified based on the documents provided, you must provide additional information until we are able to successfully verify your identity. If we cannot complete verification, we may terminate your account. Please be assured that all your data stands protected and confidential.

b. Underage Gaming

You must be at least 18 years of age, and above the legal age for Skill based Cash Gaming in the jurisdiction in which you reside in, to use Our Services. If We have reason to believe that you may be under age:

Your account will be frozen; and

No further gaming will be permitted until we have successfully verified Your age.

We may withhold any funds in your Funnearn account until your age is successfully verified. If, on completion of the age verification process, you are found to be underage, Funnearn will not be liable return to ou any deposits made on the account. If you cannot be verified based on the documents provided, you must provide additional information until we are able to successfully verify your identity. If we cannot complete verification, we may terminate your account. Please be assured that all your data stands protected and confidential.

8. Products and Services

Certain services may be available exclusively online through the website/application. We have made every effort to display the maximum possible information on our website and application. We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of services or services pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time.

We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

9. Accuracy of Billing and Account Information

We reserve the right to refuse any service you bought from us. We may, in our sole discretion, limit or cancel service purchased per person. In the event that we make a change to or cancel service, we may attempt to notify you by contacting the e-mail and/or phone number provided at the time the service request was made. We reserve the right to limit or prohibit new services.

You agree to promptly update your account and other information, including your email address, mobile number and other required information, so that we can complete your transactions and contact you as needed.

10. Third Party Links

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this app may direct you to third-party website/applications that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or website/applications, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party website/applications. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

11. Your Account

a. Single Account

You may only register and operate a single account. If you hold more than one account we reserve the right to suspend additional accounts until all the account details and balances (belonging to you) are consolidated. Once completed, all other accounts will be terminated leaving a single account.

b . Accuracy

You are required to keep your personal details up to date at all times. If you change your address, e-mail, phone number, form of payment or any other contact or personal information, please contact Customer Service in order to update your account information.

12. Payment Details and Withdrawal

a. Withdrawing your funds

You may withdraw your winnings by means of paytm or an electronic bank to bank transfer for the amount of winnings.

You agree that all withdrawals you make are governed by the following conditions: i. Funnearn can ask you for KYC documents to verify your address and identity at any stage. Withdrawals will be permitted only from accounts for which such KYC process is complete. ii. You can choose to withdraw money from your user account at any time, subject to bonus/promotional money withdrawal restrictions. iii. Your promotional money/bonus amount can be used to play cash play contests, but will not be eligible to be transferred to your bank account. Any such transfer request will be eligible to cancellation. iv. Funnearn prohibits users to use our application as an intermediary platform for transferring money. The money deposited should be used for playing games, in-app purchases and other chargeable features of the application. If a user is found doing any such activity, then Funnearn reserves the right to suspend the user account until further notice.

Once notified, post verification of the withdrawal request, we may disburse the specified amount through Paytm or electronic bank transfer based on the mode of withdrawal selected by you. We shall make our best efforts to honor your choice on the mode of withdrawal, but reserve the right to always disburse the specified amount to you by Paytm or bank transfer. We also reserve the right to disburse the amount on the financial instrument used to Add Cash to your user account.

Withdrawals attract processing charges as per the prevalent policy.

We will attempt our best to process your withdrawals in a timely manner, but there could be delays due to the time required for verification and completing the withdrawal transaction. We shall not be liable to pay you any form of compensation for the reason of delays in remitting payments to you from your user account.

To be eligible to win a prize, you must be a resident of India and accessing the Services of Funnearn from India. If you are a prize winner living in India and physically present in India while accessing the services of Funnearn but not an Indian citizen, we will remit your winnings in Indian Rupees to the address given by you, provided, the address is within India.

b. Credit Checks

Funnearn reserves the right to run credit checks on all cardholders with third party credit agencies on the basis of the information provided on registration.

c. Credit

Participation on credit is prohibited at Funnearn.

d. Financial Institution

Interest

Funnearn is not a financial institution and thus any deposits made into your account are not due any interest payments on the deposit(s) whatsoever.

No legal or tax advice

Funnearn does not provide advice regarding tax and/or legal matters. Customers who wish to obtain advice regarding tax and legal matters are advised to contact appropriate advisors.

You are solely responsible for any applicable taxes on any prizes and/or winnings that you collect from Funnearn.

No arbitrage

You are strictly prohibited from utilizing Funnearn and its systems to facilitate arbitrage. Where Funnearn deems that you have deliberately used the systems for financial gain through arbitrage, any gains will be forfeited and deducted from your balance without warning or notification.

13. Bonuses

a. Separate Terms and Conditions

We may, from time to time, offer bonuses, promotions and/or competitions which are governed by separate terms and conditions. Any bonuses or special gifts credited to your account must be used in adherence with such terms and conditions.

In the event and to the extent of a conflict between these Terms and the promotion- or competition- specific terms and conditions, the promotion- or competition- specific terms and conditions shall prevail.

b. Promotion

Refer A Friend ("RAF"): You can invite a friend, acquaintance or any other person to use the Services available on the Website/App by accessing the "Refer - A - Friend" feature on the Website/App. The RAF bonus plan shall be governed by the additional terms and conditions provided in the RAF section on the Website/App.

c. Right to Rescind

Funnearn reserves the right to withdraw any Promotional Offer at any time, subject to the Promotional Offer having a specific eligibility period

d. Eligibility

All Funnearn offers are intended for recreational customers and we may, in our sole discretion, limit the eligibility of customers to participate in any given promotion. We reserve the right to withdraw the availability of any offer or all offers to any customer.

In addition to the specific requirements of any Promotional Offer, all offers are limited to one person, family household address, e-mail address, telephone number, same payment account number (e.g. debit or credit card, etc.) and shared computer, e.g. school, public library or workplace.

14. Acceptable Use

a. Acceptable use of Our Services

You may use our services for lawful purposes only. You will cooperate fully with any Funnearn investigation into activity as detailed below. You may not use Our Services:

for any illegal activity or transaction (for example money laundering, funding of terrorism, identity theft, or payment fraud) under the laws of any jurisdiction that applies to You;

to unlawfully obtain winnings;

if you have allowed (intentionally or unintentionally) someone else to use your Funnearn account;

if Funnearn has received a "chargeback" and/or "return" notifications via your bank or a deposit mechanism used on your account;

if you collude, cheat, or engage in any activity which is a threat to the integrity of games;

if you undertake any kind of fraudulent activity, such as identity theft;

if it is determined by Funnearn that you have employed or made use of a system (including machines, computers, software or other automated systems such as bots etc) designed specifically to defeat the gaming systems;

b. Account Suspension and Termination

Investigation and Suspension

In the case that we suspect a customer has violated these Terms, or engaged in any inappropriate / illegal activity, Funnearn reserves the right to suspend your account without notification, and your account will remain suspended until the matter has been fully investigated. You agree to cooperate fully with any Funnearn investigation into such activity

Termination

Should our investigation result in knowledge that you have violated these Terms, or engaged in any inappropriate / illegal activity described in, we reserve the right to restrict or close your account. In these instances, we will withhold the balance on your account, up to the amount of any loss or fees incurred by Funnearn. If you have engaged in illegal activity, Funnearn is under no obligation to refund to you any money that may be in your account. In addition, Funnearn shall inform the relevant authorities, relevant regulatory body and game governing bodies, other online service providers, banks, credit card companies, electronic payment providers or other financial institution of your identity and of any suspected unlawful, fraudulent or improper activity. You will not be allowed to open any future accounts with us.

15. Errors, Inaccuracies and Omissions

Occasionally there may be information on our site/app or in the service that contains typographical errors, inaccuracies or omissions that may relate to service/product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel services if any information in the services or on any related website/application is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the service or on any related website/application, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website/application should be taken to indicate that all information in the service or on any related website/application has been modified or updated.

Our decision to suspend or restrict Service or any part thereof as we deem appropriate shall be final and binding on you.

16. Privacy Policy

a. Our policy

Funnearn is committed to protecting and respecting your privacy and complies with all applicable data protection and privacy laws.

b. Pubilicity

If we want to use your details for any promotional activity outside of Funnearn or our services, You agree to being contacted and asked to consent to your details being used without additional compensation, except where prohibited by law.

17. Governing Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of India and jurisdiction of New Delhi

18. Amazon Gift Gratification

The amount will be added to the number linked to your Amazon account

Amazon Pay Gift Cards are issued by the Qwikcilver Solutions Private limited ("Qwikcilver")

Amazon Pay Gift Cards cannot be purchased using Amazon Pay balance or through Credit/ Debit Cards issued outside India.

Amazon Pay Gift Cards are redeemable on all products on Amazon.in except apps (including all Branded Gift Cards like Shoppers Stop, Uber, Westside, Lifestyle, Big Bazaar etc.)

Amazon Pay Gift Card once issued cannot be cashed out, cancelled, refunded or transferred

Amazon Pay Gift Cards are valid for 1 year from the date of issuance and carry no fees. In case you are unable to use it within 1 year, you can contact customer care to extend the validity of the Gift Card.

For Complete terms and conditions, see www.amazon.in/giftcardtnc

19. Refund and Cancellation

These are the Funnearn Mobile Application (APK and iOS) Refund and Cancellation Policy (‘Policy’) which form an agreement between Funnearn app (referred hereinafter as the ‘Funnearn’, ‘us’, ‘we’ or ‘our’) and you, the user (hereinafter referred as ‘you’, ‘your’, or ‘User’, as defined below) of the https://www.funnearn.com/ website (‘Website’) and the Funnearn mobile application (‘APK and iOS App’) including any sub-domains of the Website, or related top-level domains including https://www.funnearn.com/, mobile sites, apps, APIs and widgets (hereinafter collectively referred as ‘Platforms’). These Platforms are owned and operated by Funnearn and offer online hyper-casual real money games. A transaction, once confirmed, is final and no cancellation is permissible. However, Funnearn may, at its sole and absolute discretion, permit a User to cancel a transaction and refund the amount paid: ->If the User sends a written request to Funnearn from the registered email address to cancel such payment; and ->If the payment is made for participation in the paid version(s) of a Contest(s), the cancellation request must be received at least 5 business days prior to the commencement of the gaming contest(s) in respect of which the payment is made. Funnearn shall not be liable to refund any amount thereafter. Funnearn may, at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. A request for cancellation of any transaction would be processed within 15 business days. Where any of the fixtures within a Contest are cancelled or abandoned without an official result, all contest entries are considered void and the entry amounts shall be duly refunded to Users joined. There are no prize/winnings payouts for these voided contests. If, in a transaction performed by you on the Platforms, money has been charged to your card or bank account and respective amount is not added in your Funnearn app account within 24 hours of the completion of the transaction, then you shall inform us by sending an e-mail to contact@funnearn.com from your registered e-mail address. Please include the following details in the e-mail – Your mobile number Transaction value Transaction date Transaction ID Screenshot(s) for other details Funnearn will investigate the incident and, if it is found that money was indeed charged to your card or bank account without delivery of the balance in your Funnearn app account or without the transaction getting failed, then you will be refunded the money within 7 business days from the date of receipt of your e-mail. All refunds will be credited to your Funnearn app account

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