Terms of Service

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).

The Application can be downloaded freely from the Apple App Store, subject to its terms and conditions and the privacy policy. It may also be available for download through our website www.getrushapp.com in the future, and other web portals as may be applicable from time to time (collectively, the "Platform").

State Restrictions: Any user residing in the states of Assam, 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") 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 as Nagaland has requirements where games of skill for stakes may only be offered upon obtaining relevant licenses. Accordingly, at present the Games and the services available on the Application are open only to persons currently residing in India and who are not residents of any of the Restricted States. If you access the Service or any Game from any of the Restricted States, you shall be entirely liable for any legal or penal consequences and we shall be entitled to terminate your account and/or freeze/forfeit the balance in your Winnings Wallet on the Application. 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.

​​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.

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. By using the Services, you agree to contract electronically with us and agree to these Terms, together with any documents that maybe expressly referred to and are incorporated by reference herein, including our Privacy Policy. You agree that these electronic terms combined with your act of using these Services, have the same force and effect as your written signature and satisfy any laws that require a writing or signature. You shall not use the services if you: (a) do not agree to these Terms; (b) are not of the age of 18 years; or (c) are from the afore-mentioned Restricted States or Restricted Territory or are prohibited from accessing or using the Services or any of its contents, products or services by applicable law.

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.

1. Application

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 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. At Rush, all the cube games and card games, such as Speed Leedo, Speed Ladders, Tezz Leedo, Callbreak etc. 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 our games for a player is solely determined on the basis of their skill.

3. Eligibility

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.

We reserve the right to terminate your Account (defined below) and/or deny access to the Application/Services/Platform 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 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 download the Application from Apple App Store, subject to the terms and conditions and the privacy policy of the app store.

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, Cashback Wallet (where applicable) 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

• Subject to these Terms, all amounts forming part of the user’s wallet balance are held in non- interest earning accounts, which are separate from Hike’s bank account. To clarify, amounts held in user accounts are distinct and separate from Hike’s corporate funds.
• We keep all the amounts forming part of the user’s 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.
• We may, at our sole discretion, give discounts or may provide certain subscription packs in accordance with Clause 8 below.
• It is clarified that we have no right or interest in the pool of the winning amount, and only act as an intermediary engaged in collecting and distributing the winning amounts from the game pool in accordance with the Contest terms and conditions. The amount to be contributed by you towards the game pool would be debited from your wallet balance.
• Any user availing the Services are provided with four categories of wallets for the processing and reconciliation of payments: (i) Deposit Wallet, (ii) Rush Rewards Wallet (reflecting the eligible discounts offered); (iii) Winnings Wallet; and (iv) Cashback Wallet (reflecting all the cashbacks offered for certain user segments).
• Amounts in the Deposit Wallet can only be used towards enabling a user’s participation in a Contest and cannot be withdrawn.
• You can make the first withdrawal from the Winnings Wallet only upon having made a certain deposit to the Deposit Wallet. However, in certain cases, you may make certain withdrawal without making any deposit if allowed by us at our sole discretion
• Your winnings in any Contest will be credited to the Winnings Wallet.
• Only amounts in the Winnings Wallet can be withdrawn or alternatively, it can be used towards participating in any Contest. We may specify minimum and maximum thresholds for withdrawals at our sole discretion. Further, any user is allowed to make a withdrawal only a limited number of times per day as mentioned on the withdrawal page on the app. The above-mentioned limits may be changed at any time at our sole discretion.
• Subject to other Terms, You shall be eligible to withdraw from the Winnings Wallet provided you have added an amount to the Deposit Wallet at least once, unless otherwise allowed by us. We reserve the right to quantify the deposit amount that needs to be made in order for you to be eligible for withdrawal from the Winnings Wallet, and also modify such amount.
• Only a fixed percentage of the Rush Rewards Wallet amount (depending on the Game) may be used to avail discount towards entering into a Contest at one time.
• Rush Rewards forming part of the Rush Rewards Wallet or any other wallet is granted as per various promotional schemes that may be run by us from time to time at our sole discretion. It reflects the maximum discount that a user is eligible for subject to fulfilment of specified conditions. We are free to put such restrictions on its availability, utilisation, inherent discount benefits, time validity, etc. or change its terms as it may be decided from time to time at our sole discretion. The validity of the relevant Rush Rewards amount forming part of any wallet may be mentioned along with the offer during time of purchase or may be shown in the transaction history on the Application, however we are not bound to display the validity.
• Hike may stop providing Rush Rewards or convert the Rush Rewards into instant cash discount or any other form of discount in the ratio solely determined by Hike.
• Any amount in the Cashback Wallet can only be used by the user towards participating in a Contest (i.e. playing online games) and cannot be withdrawn or used for any other purpose. Amounts in the Cashback Wallet shall be subject to an expiry which will be as per Hike’s discretion.
• Other conditions as to eligibility or restrictions with respect to Rush Rewards, may be applicable as provided by us from time to time at our sole discretion.
• You shall not be permitted to transfer into Rush Rewards Wallet or request the transfer of any amount from the Rush Rewards Wallet or withdraw any amount from Rush Rewards Wallet.
• The Rush Rewards amount is used towards availing discount in a Contest and is only meant to be for availing discount for game play. Hence, if a user wins the Game, the invested Rush Rewards amount would be deducted from the winning amount resulting in the net winning amount. For example, if the winning amount of a user is equal to Rs. 10, and the Rush Rewards amount forming part of contribution for game pool made by such user Rs. 0.5, the net winnings credited to the user’s Winnings Wallet will be Rs. 9.5 (Rs. 10 - Rs. 0.5). The said virtual Rush Rewards amount of Rs 0.50 shall be burnt i.e., the said Rush Rewards amount of Rs 0.50 shall no longer be usable by such a user.
• Each time you participate in any Contest, the amount contributed in the game pool shall be debited from the relevant wallet(s) in the following sequence: Rush Rewards Wallet (certain % only per Contest), Winnings Wallet (max cap usage at 1% of entry fee), Cashback Wallet, Deposit Wallet and thereafter again Winnings Wallet (if the entry fee deduction amount is not sufficient in rest of the mentioned wallets). Notwithstanding anything contained herein, various rewards (that is the Rush Rewards, Instant Cash or any other reward or discount) would be in the nature of discount only and can be used for availing discount for playing Games on the Application. The amount reflected in the wallet to the extent it pertains to Rush Rewards, Instant Cash, or any other reward or discount is a notional eligible discount and does not reflect the actual deposit made by the user. User balance including eligible discounts shall be prominently displayed.
• Any unutilized rewards may expire a certain time period as determined by Hike from the date of credit of such amount.
• In case there is any amount remaining to be contributed by you in relation to your participation in any Contest(s), you will be asked to do so by using the third party gateway on the Platform. In case any amount added by you through such payment gateway (which includes UPI/bank account transfer etc.) exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to your Deposit Wallet and will be available for use in participation in any Contest(s), subject to applicable GST.
• All amounts credited into the Winnings Wallet or deposited in the Deposit Wallet must be utilised within 365 days of credit. In case any unutilised amount lies in the Deposit Wallet or Winnings Wallet due to inactivity 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.
• Hike reserves the right to forfeit any Rewards/cashback given by Hike at any time from any wallet at its discretion.
• The Winnings Amount forming part of the Winnings Wallet may be withdrawn by you from your Winnings Wallet, subject to the completion of KYC verification (above a certain amount as determined by us from time to time) and will be subject to TDS deductions. In the event that you do not complete the KYC verification, your withdrawal limit might be blocked and you may not be able to withdraw any amount from your Winnings Wallet.
• In the event that we discover through our KYC process that a user has flouted any Terms or that you are not KYC verified, then we reserve the right to take certain actions against the user including but not limited to banning such a user's Account on the Application or withholding the user’s withdrawal request. You may also not be eligible for certain benefits that are only available for eligible KYC verified users.
• Please note that a user who completes KYC verification on the App might be allowed a greater withdrawal limit on his Winnings Wallet.
• We may require users to submit KYC details when the any instance of withdrawal associated with their account reaches or exceeds INR 10,000, and also flag accounts for KYC at random to ensure compliance with 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 bank account.
• As part of various fees charged for game, we shall also charge a withdrawal fee of 5% at the time of withdrawal from the Winnings Wallet maintained in relation to game. For example, if the amount that is to be withdrawn is Rs. 100, then the net withdrawable amount would be Rs. 95.
• In case of withdrawal to Paytm account: 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 case of withdrawal to Paytm account: In cases where the transfer of amount(s) has been requested by the user, we shall effect the transfer to your Paytm wallet linked to your Account through Paytm within a commercially reasonable period of time. Such transfer will reflect as a credit to your Paytm account. 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 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 or address/identity proof 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 through the Paytm account 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.
• In case of withdrawal through UPI: In cases where the transfer of amount(s) has been requested by the user, we shall effect the transfer to your UPI account 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 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 or address/identity proof 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. Failure to provide 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.
• In case of withdrawal to any other sources: In cases where the transfer of amount(s) has been requested by the user, we shall effect the transfer to your preferred source within a commercially reasonable period of time.
• Taxes Payable: Any tax/levies/duty etc., as applicable on net winnings, shall be paid by the winner of the game. Based on TDS (tax deducted at source) provisions, net winnings from online games would attract TDS at the rate of 30% in India or such other rate as may be prescribed by law at the relevant time. Please refer to the FAQs for more details, which shall be deemed to form part of these Terms. TDS is to be deducted on net winnings (starting from April 01, 2023):
  • At the time of withdrawal into user’s bank account during the financial year; and/
  or
  • On March 31 on net winnings lying in the user's account on such a date.
• The User (subject to providing valid PAN card to Hike) shall be provided with the TDS certificate in accordance with the applicable law. TDS certificates will be provided only from the quarter in which PAN is provided by the user.
• Hike may provide certain TDS related cashback as per its sole discretion and may change the terms thereof from time to time. Hike may, without prior notice, stop providing any form of cashback.
• The users shall be responsible for payment of any other applicable taxes.
• Goods and Service Tax shall be applicable as per Indian law.
• Rule 31B has been inserted in CGST Rules, 2017 in relation to GST effective from 1st October 2023. Accordingly, we shall be levying applicable GST on the amount deposited on and from the said date and issue an invoice in accordance with the applicable provisions.
• We reserve the right to recover from user any indirect taxes as per applicable laws as amended from time to time (in addition to GST on deposits specified above). We reserve the right to recover taxes that become due and payable to the respective authority owing to any operation of law, demand by relevant authority or any judicial pronouncement or otherwise. We reserve the right to deduct the said amount from the user’s wallet balance, and deposit the tax so collected with the government treasury. The issue of any rewards by us in the Rush Rewards Wallet shall not entitle you to demand the issuance of such reward at any subsequent period in time nor create an expectation of recurring issue of such reward by us. In case your Account is inactive for 365 days or violates any of these Terms or if your Account is terminated by us, any and all amounts lying to the credit of the wallets shall no longer be usable and you shall not have any right or interest on such amounts.
• The User acknowledges that subject to time taken by third party payment gateway providers 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 paid or transferred into the Deposits Wallet or Winnings Wallet may take up to 48 hours to reflect in the Deposit Wallet or Winnings Wallet, respectively. Similarly, the utilization of the amounts lying in the Rush Rewards Wallet or money debited from the Deposit Wallet or Winnings Wallet may take up to 48 hours to reflect in the Deposits Wallet or Winnings Wallet balance. You agree not to raise any complaint or claim against us in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting a transaction amount into your account.
• A transaction, once confirmed, 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 (including GST). 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, cashbacks or Rush Rewards (including signup rewards) at any time (including but not limited to post launch of such rewards). It is hereby clarified that we also reserve the right to introduce different types of Rush Rewards (including signup rewards), incentives, cashbacks 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.
• Refund and Cancellations:
• In the event that there is an error in the Services provided by us (determined at our sole discretion), we may refund the amount contributed for game pool to your relevant wallet provided the reasons are genuine and proved after investigation by us.
• Please read the rules of each Game and Contest carefully before participating.
• We do not cancel registrations once entered, however, in case of exceptional circumstances wherein the fault may lie with the payment gateway or from our side, we will cancel your participation on request and refund the amount contributed for game pool to you within a reasonable amount of time.
• In case we cancel your participation in any Game or Contest, we will return your amount contributed for game pool to your relevant wallet within a reasonable amount of time for you to redeem the same by playing other Contests.
• The refunds as per these Terms shall be made to the same account through which the payment was made in the first place.
• All amounts credited into the Winnings Wallet or deposited in the Deposit Wallet must be utilised within 365 days of credit. In case any unutilised amount lies in the Deposit Wallet or Winnings Wallet after the completion of 365 days from the date of credit of such amount, such amounts will no longer be usable and we shall not have any liability or obligation to pay any compensation to you.
• 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 relevant third party payment gateway provider’s terms and conditions so far as deposits and withdrawals are concerned, including their KYC requirements. Please note that, notwithstanding anything contained herein, your non-compliance with relevant third party payment gateway provider’s policies may affect withdrawals from your Winnings Account and Hike shall not be liable for the same.

7. Additional Terms & Conditions for Certain Users on the App

• For the purposes of this sub-clause, any reference to ‘User’ means a ‘Free User’. A ‘Free User’ is any User who has not made a deposit in the Deposit Wallet on the App.
• After signing up on the App, the User will receive virtual sign-up rewards in terms of Rush Rewards. These virtual Rush Rewards in a Free User’s account are intended solely to enhance the user's experience and can only be used for playing games on the App, not for withdrawals. However, Hike reserves the right, at its sole discretion, to permit such users to withdraw a portion of the funds available in their winning wallets up to a predetermined threshold limit, as determined by Hike from time to time.
• The said virtual Rush Rewards can be used by the Free User for playing games on the App. Such User is not liable to pay any platform fees to play the games on the App, however for better user interface, Hike shall burn virtual Rush Rewards equivalent to the amount chargeable as platform fees from the paid user.
• In case, any Free User loses the game, the virtual Rush Rewards amount pooled by such user in the game pool shall be transferred to the winner’s wallet. Where the winner is also a Free User, the said virtual Rush Rewards shall remain as virtual Rush Rewards in the winner’s wallet and in cases where the winner is a paid user, the said virtual Rush Rewards shall be credited as money in the winner’s wallet.
• Hike may, in its own sole discretion, provide or launch ‘Virtual Reward Conversion Schemes’. Under such conversion schemes, the Free Users may be eligible to partially convert the said virtual rewards available in the winning wallet of the Free User, subject to fulfillment of terms & conditions of the said Conversion Scheme. Hike reserves all rights to provide, alter, modify and close, any such scheme, on its own discretion, without any notice/information, whatsoever.
• As per Hike’s policy, a Free User shall be converted into a paid user on contributing money into his Deposit Wallet.
• Unless a Free User gets converted into a paid user, the virtual Rush Rewards and money won from the amount pooled by the paid user shall only be available for playing games.
• On conversion of a Free User into a paid user, the virtual Rush Rewards in the Winning Wallet shall be converted into money & the said user shall become entitled to withdraw the money available in its wallet.
• In case the Free User does not get converted into paid user within such time as determined by Hike, the virtual Rush Rewards/Instant Cash available in any wallet shall be burnt by Hike and the money available in the Winning Wallet (including any portion of Instant Cash) of such user shall stand forfeited.

8.Rush Loyalty Program

• Rush offers a Loyalty Program consisting of the following tiers and their respective badges: Explorer, Bronze, Silver, Gold and Diamond. These tiers are designed to reward and acknowledge the dedication and engagement of our users. Progressing through the tiers and unlocking them is contingent upon the completion of specific tasks, as determined by Rush in its sole discretion. You can unlock higher tiers as you meet the respective requirements
• Tier Benefits: Each tier in the Loyalty Program comes with a set of distinct benefits, which may include a range of benefits as visible to you on the Application.
• Discretion and Changes:
  • Rush reserves the right to adjust the tasks and requirements for tier advancement, as well as the associated benefits, at its sole discretion. The specific criteria for each tier and the benefits provided will be periodically reviewed and may be subject to change.
  • By availing the Loyalty Program, you acknowledge and accept that Rush's determinations regarding tier eligibility and benefits are final.

9.VIP Plans

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:

• The VIP Membership Plan shall be valid for a predefined duration as specified on the Application.
• As a VIP member, you shall be entitled to participate in the Contest at a discounted entry fee.
• As a VIP Member, you shall be entitled to participate in the Contest with a discount on the amount contributed in the pool, not exceeding the platform fee chargeable by Hike from you for such Contest.
• The VIP Membership plan shall not be subject to auto-renewal.
• A VIP member may have access to exclusive tournaments as part of certain Contests and other benefits as specified in the Application. We reserve the right to determine the Contests which shall be eligible for such VIP benefits and a VIP member cannot claim any benefit as a matter of right
• We reserve the right to cancel any VIP membership at any time for breach of the Terms, with or without notice

VIP Pro Plan

The VIP Pro Plan is an upgrade to the VIP Membership Plan. VIP Pro membership can be bought only by select users who may be found eligible to avail the VIP Pro Plan. The eligibility criteria shall be determined by Hike from time to time. Once the said user opts for the VIP Pro Plan, the user shall no longer be able to view the Loyalty tier in their profile. As a VIP Pro member, the user shall receive the following benefits:

• extra instant cashback in the Cashback Wallet for certain user segment or deposit wallet (for others)
• Additional benefits in spin the wheel
• Auto-credit of risk free cashback in the Wallet as determined by Hike

The VIP Pro Plan is non-cancellable by you, however, but We reserve the right to cancel any VIP Pro membership at any time with or without notice at our sole discretion.

10. Rush Lock

• You will have the option to set a lock on your Wallets for a duration of your choice within the limit prescribed (if applicable). While the lock feature is active, You will not have the ability to play games, make withdrawal or deposits during the lock period. This is a self imposed lock, which is voluntary in nature. By utilizing the lock money feature, You will be able to avail benefits as determined by Rush from time to time.

11. 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, betting 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/Platform 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 Platform 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 Platform 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 Platform;
• Use Virtual Private Network (VPN) or any other technology to access the Application from Restricted States/ Restricted Territory;
• transmit any viruses, worms, defects, trojan horses, logic bombs 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 Platform;
• carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Platform or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Platform or any part of the Platform or any user of the Application; and/or
• forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through Application Platform.
• You will not impersonate another person or impersonate, 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.
• You are only allowed to create one account on the Application and you agree to provide your KYC details as requested by us from time to time to confirm and verify your identity. In the event we discover that You have created multiple accounts or that multiple accounts have been created from a device, then we reserve the right to ban all such accounts and take other actions as we deem fit, including forfeiture of any amount in any of the wallets.
• We reserve the right to deactivate or delete your Account and all related information on it and forfeit wallet balances 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 any violation or claiming false chargebacks. Any such forfeiture of wallet balance made from your Account shall be made at our sole and absolute discretion and shall not result in any liability on us whatsoever.
• We may choose to provide a right of appeal to the user after deleting, closing or forfeiting the balances in his/her Account. 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.
• It is hereby clarified that the amounts once forfeited will not be refunded in any case, except at our sole discretion in the event we overturn your account ban.

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.

12. Privacy Policy

Please read our Privacy Policy (available at https://www.getrushapp.com/privacy) to understand our practices which govern your use of the Application/Platform/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.

13. 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.

14. 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

• Threatens any person, and which is a threat of violence, physical or mental harm.
• Promotes or encourages suicide or any other type of self-injury, including self-mutilation.
• Promotes discrimination, hatred against any individual or group
• Includes nudity, gruesome crime or accident scenes, gory media related to death, serious injury, violence, or surgical procedures.
• Content that is gratuitously shocking, sadistic, or excessively graphic, including with respect to animals.

Impersonation, spam & hacking

• Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others.
• Publishes or posts links to malicious content intended to damage or disrupt another person’s browser or computer.
• Uses Platform for obtaining sensitive personal information, banking and credit card details, passwords etc.
• Threatens to expose someone’s private information or threaten to hack or break into someone’s digital information.
• Is abusive, or constitutes spam.

Harassment & Bullying

• Is directed to an individual, including: profiles or posts that identify and shame individuals; images altered to degrade individuals; or photos or videos of physical bullying posted to shame the victim of such bullying.
• Attacks a person or group on the basis of attributes such as race, religion, ethnic origin, sexual orientation, disability, or gender.
• Depicts physical or psychological abuse involving minors.

Sexually Explicit Content, violence

• Includes sexual harassment, sexual assault threats, sharing intimate material without consent, recording or distributing images of sexual assaults, cyber stalking, digital dating abuse and luring sexual trafficking victims.
• Promotes or depicts violence towards children, including posting sexually explicit images/videos of children.

Breach of Third Party Rights

• Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights.

Hate Speech & false information

• Is defamatory, obscene or pornographic.
• Is furtherance of illegal activities.
• Is intended to deceive or mislead any of other(s) and endangers our trust-based community.

Terrorism & Illegal Activities

• Promotes any organization which is engaged in terrorist activity, incites violence against others or organised criminal activity.
• Seeks to use Hike Sticker Chat for furtherance of any illegal activity or any activity that is in breach of Community Guidelines.
• Disrespects national symbols, including national flag and national emblem.
• Offers the purchase, sale, or trade of unlawfully acquired goods.
• Offers, sells, trades, or solicits firearms, accessories, ammunition, explosive weapons, or instructions on how to manufacture them

Additional Rights/Compliances for Social Media Avenue:

• User Compliance: Users are expected to comply with all internal rules, directions, guidelines, or instructions set by moderators, administrators, or individuals associated with Hike (collectively the,”Moderators”), whether explicitly communicated or implied. Failure to comply may result in removal or restrictions.
• Moderation Rights: Moderators reserve the right to moderate and manage Social Media Avenues to ensure compliance with the established rules and guidelines of the Platform or the respective Social Media Avenue. Users must respect the decisions made by the administrators or moderators of these channels.
• Account Suspension or Termination: Moderators may suspend or terminate the accounts of users who repeatedly violate the community guidelines or engage in activities that harm the community's experience or reputation

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 <support@rushapp.in>. 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.

15. Rush Gullak

Rush Gullak allows you to transfer your winnings into Rush Gullak (“Gullak”), which is a feature, for a specified duration to potentially earn cashback rewards. You may opt to transfer your winnings from your winnings wallet into Gullak, and cashback will be awarded to you in the Rush Rewards Wallet and/or Cashback Wallet based on the duration the funds remain in Gullak. The Platform reserves the right to modify or terminate this feature at any time without prior notice.

Rush Gullak is not an investment product and does not offer interest or market-linked returns. Cashback is provided solely as a promotional reward, subject to Platform terms, and does not constitute financial advice or guaranteed earnings. There are no guarantees of earning any specific amount if the feature is not utilized by you per its conditions. Cashback percentages and rewards may vary and are at the discretion of the platform.

You should not rely on this feature for financial planning or income generation. The Platform reserves the right to amend, suspend, or terminate any cashback arrangements without liability. By participating, you acknowledge that the Platform does not bear responsibility for any losses or changes to cashback offerings.

16. 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:

• Monetize Rush Avatar or elements/assets comprising of Rush Avatar or features related to it in any manner.
• Sell Rush Avatar merchandise.
• Copy the Rush Avatar look and feel.
• Use Rush Avatar or features relating to it in a way that suggests or implies partnership, sponsorship, or endorsement by Hike.
• Incorporate Rush Avatar or features relating to it or anything confusingly similar, into any other trademarks, names, domain names, usernames, or logos.
• Feature Rush Avatar or features relating to it in connection with pornography, illegal activities/marketplaces, or other materials that violate these Terms or Privacy Policy or applicable laws.
• Create non-fungible tokens or any kind of virtual digital assets out of the Rush Avatar(s).

17. 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. You understand and agree that access to certain features or versions of the Application may be granted to You after a designated period of time.

18. 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.

We may stop provision of the Platform/Services/Application (or any part thereof), permanently or temporarily, to you or to Users generally or may modify or change the nature of the Platform and/or these Terms of Use at our sole discretion, without any prior notice to you. Your use of the Platform 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 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.

Even in the case of Virtual Assistant, we apply reasonable technical safety measures as perapplicable law to protect the shared data against loss, destruction, misuse, unauthorized access ordisclosure. Generally accepted industry standards are followed to protect any information bothduring transmission and once received by Virtual Assistant. Subject to these Terms read with Privacy Policy, we disclaim any and all liability regarding any of the information provided by VirtualAssistant.

You agree not to hold us responsible for not replying to the questions / information sought by theUser or not providing a response to the satisfaction of the User or not processing any request of theUser via Virtual Assistant.

You agree and accept that we have the right to provide or to withdraw any or all of the services, facilities under Virtual Assistant, without assigning any reason, at our sole discretion without anynotice. We will not be responsible for any direct or indirect damages or losses caused to you.

19. 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.

20. Third Party Sites, Services and Products

We may use certain third party services for verification of your details and services including but not limited to Paytm (One97 Communications Limited) and Razorpay 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 and Razorpay and any other third party as determined by us from time to time. 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.

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.

21. 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/-).

22. 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. ; (v) any loss, mishandling, counterfeit, forged or misuse of Virtual Assistant; (vi) any inaccuracy, error or omissionof any data, information or message provided by the User to Virtual Assistant. This clause shall survive termination of these Terms.

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.

23. 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

24. 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.

25. Feedback:

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.

26. 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.

27. 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.

28. 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.

29. Termination

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

a. You voluntarily uninstall the Application from your device;

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. 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.

30. 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.

31. 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.

32. 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.

We may provide a virtual assistant (“Virtual Assistant”) for our users to raise grievances/queries and seek solutions. The Virtual Assistant will be an interactive chatbot which will use artificial intelligence and machine learning technology to generate answers, recognise patterns, evolve, and become more accurate over time. As on date, the Virtual Assistant only responds in Hindi language to predefined options selected by You. In future, we may add a functionality which enables it to respond in English language as well.

By accessing the said Virtual Assistant, you agree to be bound by these terms of service, and if you do not agree with these terms of use, please do not access the Virtual Assistant.

Please note that the Virtual Assistant is an automated system, and it may not always provide accurate information – especially to new and unusual queries/statements. Errors may occur occasionally, and we reserve the right to correct inaccurate information, price, and other details insuch circumstances.

User understands that Virtual Assistant is an interactive platform and meant to address standard Platform related queries, in no way shall We and our directors, employees, officers, representatives and agents be held accountable for any information provided by Virtual Assistant:

• You hereby declare that no personal data or information shall be divulged by You to VirtualAssistant;
• You shall not use the Virtual Assistant for transmission of any illegal/ illicit or offensivecommunication that are against public morality;
• You undertake that Virtual Assistant shall only be used by You to seek redressal of queries, issues, complaints and support from the Platform

Voice conversations is a feature that allows our Virtual Assistant to respond to Your queries using voice conversations, however, You may converse with the Virtual Assistant only using thepredefined options displayed to you. The Virtual Assistant’s voice responses are only for use by Us and shall not be distributed to any third party or repackaged as a standalone audio recording or anyother sound file. Any rights in the same shall vest with Us at all times.

33. Grievance Officer

In the event you have any complaints or grievances regarding usage of Application or its Services, please contact Priyanka Yerrangula at <grievanceofficer@rushapp.in > 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 or any other applicable law. 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.

34. 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).

35. 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.

36. 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>.

37. Rewards

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 <support@rushapp.in>. 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. Please refer to the relevant contest terms and conditions available at https://www.getrushapp.com/contest-tncs.

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.

38. Refer a Friend Program

• We may offer a referral program (“Refer a Friend”/”RAF”) on the Application to allow eligible referrers to receive certain rewards as determined by us (“Rewards”) for each person that the user refers to play on the Application (“invitee”).
• Eligibility: All users who have made at least one deposit on the Application and/or those who are VIP users are eligible to participate in the RAF (“eligible referrer”).
• An eligible referrer will be eligible for Rewards for only such referrals where the invitee registers on the Application and completes the sign-up flow by clicking on the referral link shared by such referrer.
• The Rewards will be credited to the relevant Wallet of the eligible referrer.
• Referral links will be generated from an eligible referrer’s account on the Application. You can see the details of the referrals under the ‘Referrals’ tab on the Application.
• A referrer and an invitee cannot have the same device ID, in which case the referrer and the invitee will not be eligible for the benefits under the RAF.
• Users found to resort to fraudulent ways will not be eligible for Rewards and may be blocked by us.
• If invitees/users are found to be miscreants or are found to have indulged in foul play, then we reserve the right to confiscate Rewards from the eligible referrer pertaining to the referral in question.
• If multiple invitees of a user are found to be indulging in foul play then they will not be eligible for Rewards and may be blocked by us.
• An invitee who is either a user of our Rush Free app or has not made any deposit on the Application will not be eligible to receive Rewards under the RAF along with the referrer in such a scenario.
• An eligible referrer can get Rewards up to a certain limit per month for making referrals as per these terms.
• The nature, value and conditions of Rewards to be credited will be based on the RAF program offered by us at any given point in time, and these may form part of the Rewards tab on our Application.
• We reserve the right to change the quantum of Rewards or the terms pertaining to the RAF or discontinue the RAF without prior notice.
• We reserve the right to collect GST on such referrals and deposit the same with the Government in accordance with rule 31B of the CGST Rules.
• You are requested to contact our customer support team in case of further queries.

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.