The following terms and conditions ("Terms") govern your access to the Rush Application ("Application"/"App"), the Platform (defined below) and use of the services offered through the Application (the "Services"). These terms and conditions (hereinafter "Terms"or "Agreement") constitute a binding agreement between you (hereinafter "you" or "your") and Hike Private Limited, having its registered office at Bharti Crescent, 1, Nelson Mandela Road, Vasant Kunj, Phase - II New Delhi – 110070, India (hereinafter referred to as "we" or "us" or our, which expression shall include its successors, licensors, assignors, assignees, affiliates, partners, owners by whichever name called).
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.
We reserve the right to periodically review, update, change or replace any part of these Terms at our sole and absolute discretion without any prior notice to you. You must visit this page periodically for updates on the Terms. Your continued usage of the Platform and/or the Application after any such update, change, replacement or modification to these terms constitutes your valid consent to such changes.
The Application offers various skill based online real money games developed and owned by us ("Games") and tournaments in relation to such Games where users compete with one another ("Contest"). Contests require you to pay an entry fee for participation. In order to avail discounted entry fees, you may opt for a VIP Membership Plan as enumerated in Clause 7 below. We may at our sole discretion allow you to use some of our Services or part of Services free of charge while other features may be chargeable (refer to "Payment Terms" below).
2. Games of Skill
The Games on the Application are all Games of Skill (defined below). Each game will reward certain skills, such as knowledge of the game, familiarity with rules, experience, reflexes, practice, hand-eye coordination etc. You must note that all Games available on the Application are games where your success or/and performance depends predominantly upon their superior knowledge, training, attention, experience and adroitness ("Games of Skill") in playing the game and less on chance. ‘Games of Skill’, under Indian law, are excluded from the ambit of gambling legislations including, the Public Gambling Act of 1867 and other state enactments.
Given the above background, the individuals residing in the Restricted States (defined below) should not participate in Games offered on the Application. Any participation by such individuals shall be at their sole risk and discretion and we shall not be liable to refund or reimburse any injury or damages suffered by such individuals.
We reserve the right to monitor all activities from your Account on the Application to ensure compliance with law. If you participate in any Games in violation of any central and/or state law(s) in India, we reserve the right to cooperate with law enforcement agencies of the relevant state and report such participation or/and suspicious activity along with all your relevant details.
We do not support, endorse or offer ‘games of chance’ for money. Each Game that is available on the Application has clearly defined rules. You are encouraged to read, understand and follow these rules to be successful in these Games. We shall not be liable if you do not adhere to the Game rules or otherwise engage in gambling or betting activities on the Application, which shall solely be at your sole risk.
The Application and/or the Services and/or the Platform must only be used or accessed by persons who are competent to enter into a legally binding contract under the Indian Contract, 1872. If you are a minor (i.e. you are under the age of 18 years), you must not use the Application or Services or the Platform.
No person who is involved in the development of the Application and/or Services can participate in any Games, where such participation could alter, modify or unduly influence his/her performance on the Game, without our express written permission and subject to such terms and conditions as we may seek to impose on such person.
The Games and the services available on the Application are open only to persons currently residing in India who are not resident of any of the Restricted States. Persons residing in the states of Assam, Odisha, Nagaland, Sikkim, Andhra Pradesh, Tamil Nadu and Telangana and any other state as notified by the central/state government/court ruling in India from time to time ("Restricted States") are prohibited from participating in any Games on the Application. If you access the Service or playing Games from a jurisdiction where online real money gaming is not permitted or from Restricted States, you shall be entirely liable for any legal or penal consequences and we shall be entitled to terminate your account and/or forfeit the balance in your account on the Application.
Certain Games being provided on the Application may be subject to additional conditions or rules applicable to that particular Game, including in the form of questionnaires/FAQs ("Game Terms"). Such Game Terms are deemed to be incorporated herein by reference. Users must agree and adhere to these Game Terms before playing any such Game on the Application. To the extent that these Terms are inconsistent with Game Terms, the Game Terms shall prevail.
4. Nature and use of the Application
Application: The Application is an online platform which allows you to play skill based online real money games with other users. The Service includes allowing you to assemble your own personalized avatar using the elements that we provide on the Application.
More information about the Application and the Services is available on our website at www.getrushapp.com.
Registration: You can use and/or access the Application and the Services by creating an account on the Application using your mobile device by providing Your registered mobile number. Your identity will be verified using a one-time password ("OTP") authentication. Upon successfully verifying the OTP, an account will be created for You on the Application ("Account").
You agree that your use and/or access to Services requires you to provide the following details: your mobile number, name, declaration of name of the state you are resident of, declaration that you are above 18 years of age and any other additional authentications at our sole discretion. During the onboarding process, you will also be asked to create an avatar using the selfie uploaded by you. By using the Application, you agree to limit access to your mobile device to prevent unauthorized use of your Account on the Application or any unauthorized access to and use of the Services using your credentials. You will be responsible for any activity under your Account for informing us immediately if you have any reason to believe that your Account is likely to be used in an unauthorized manner. Please ensure that the details you provide us are accurate and complete and inform us immediately of any changes to the information that you provided when signing-up.
Representations and warranties: By registering for an Account, You represent, warrant and agree that:
a) You fulfil the eligibility criteria under these Terms, including but not limited to your state of residence and your age.
b) You are using Your actual identity and the mobile phone number you have provided is registered in Your own name. You will not be able to change the mobile number associated with your Account.
c) You will provide only true, accurate, current, and complete information about Yourself, including but not limited to information such as your avatar, name, mobile number, place of residence, age on the Application ("User Details");
d) You will maintain and promptly update the User Details and other information that You provide on the Application to keep it true, accurate, current, and complete.
e) You acknowledge that some of your User Details may be accessible to other users on the Application and shall be available to us to create promotional and interactive content.
f) Your Account is for Your personal use only. You shall not impersonate someone else. By creating an Account after providing a mobile phone number and verifying it using an OTP, You represent, warrant, and agree that You are authorized to use the Platform/Application and will abide by the Agreement.
g) You are solely responsible for all activities that occur with Your device. If you become aware of any unauthorised use of your device, You are required to notify us and the relevant authorities as soon as possible.
5. Participation in Contests
You may use the Application to participate in a variety of Contests available on the Application. In order to participate in a Contest, subject to clause 7, you shall be required to pay an entry fee on the Application which shall be deducted from the relevant wallet as per the Payment Terms below.
You may participate in Contests by contributing a pre-specified entry fee. The amount pooled by players shall be in the form of a virtual ledger. We charge a platform fee 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 rake % of the entry fee, which is applicable to all users except those who have opted for the VIP Membership Plan.
You may participate in a Contest wherein you have to contribute a pre-specified entry fee towards the prize money pool for such Contest, which will be passed on to the winner(s) of the Contest in the form of ‘Winning Amount’ after the completion of the Contest as per the terms and conditions of such Contest. Such Winning Amount shall be credited to the Winnings Wallet of the user who wins the Contest.
Each Contest has a predetermined limit (depending on the Game) on the number of users that can participate and a specified time before which entries must be made. A Contest is deemed to be a valid Contest on the Application, only if the requisite number of Users register for the Contest before the prescribed entry time.
Any amount received by us as an entry fee for participation in a Contest shall be non-refundable, except in the event that a Contest has been cancelled.
Contests shall be announced by us on the Application from time to time in any manner that is convenient to us, and we reserve the right to extend the participation and time limit for registration, cancel any Contest, and modify any terms, with or without due notice to the users of the Application.
We do not issue receipts for entries in the Contests. The entries are accounted for within the Account of the user on the Application.
You agree that applicable taxes, levies and any other Statutory/Govt. dues by whatever name called, in relation to the Games and Contests may be payable by you if required under applicable law. that we assess on your purchase. We reserve the right to change the price and specifications shown in relation to the Application, including but not limited to any subscription, deals, Games etc.
All prizes (including Winnings Amount) are non-transferable and non-refundable. Winnings cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.
6. Payment Terms
In respect of any transactions entered into on the Application, including making a payment to participate in the Contest(s), you agree to be bound by the following payment terms
7. VIP Membership Plan
In order to avail discounted entry fees for playing Games, you may opt for VIP Membership Plan. VIP membership can be bought by making a deposit through one of the VIP deposit packages on the Application. As a VIP member, you shall be governed by the following terms in addition to other Terms:
8. Restrictions on your use of the Application
10. Responsible Gaming
We suggest that users adopt a balanced approach while engaging with any of the Games/Contests on the Application and safeguard themselves against any adverse effects.
It is your responsibility to control your surroundings and movements at all times when playing the game to ensure that you don’t injure yourself, any other persons, damage any property etc. Any playing of the Games or entering into Contests is at your own risk and we shall not be liable for any death, injury or health complications resulting from Your use of the Platform/Application.
11. Community Guidelines
We want our Application and the Platform to be a safe and fun place to play online real money games. To facilitate this, we have established the following guidelines for participation in the community (“Community Guidelines”). These Community Guidelines apply to your each and every interaction on our Application and the Platform.
You may NOT post content that is in relation to any of the following:
Threats, Violence & harm
Impersonation, spam & hacking
Harassment & Bullying
Sexually Explicit Content, violence
Breach of Third Party Rights
Hate Speech & false information
Terrorism & Illegal Activities
If you do not agree with our Community Guidelines, you may delete your Account and/or not access, download and use the Application and/or the Services.
In the event you wish to report any breach of our Community Guidelines, you may contact us at <firstname.lastname@example.org>. We will review these reports to determine whether there is a violation of these guidelines and determine if any action needs to be taken, at our sole discretion.
Changes to Community Guidelines: Any changes in the Community Guidelines shall be posted on our website www.getrushapp.com to reflect changes in the guidelines. You should periodically review this page for the latest information on our community guidelines. Once posted, those changes are effective immediately. Continued access or use of the Application and/or the Services constitutes your acceptance of the changes and the amended Community Guidelines.
Please take these guidelines seriously and honour them in the spirit in which they are intended. We’ll do our best to enforce them consistently and fairly. We reserve the right at all times (but will not have an obligation) to take down any content in breach of our Terms or Community Guidelines and to take any other actions as we deem fit including, suspending Users or reclaiming usernames without liability to you.
12. 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.
13. Disclaimer of Warranties
The contents provided through the Platform/Services/Application may include technical inaccuracies or typographical errors. We may make changes or improvements to the Platform/Services/Application at any time. The contents or any information available on the Platform/Services/Application is provided “as is” and “as available” and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable laws, including but not limited to:
a. any implied warranty or merchantability, fitness for a particular purpose;
b. that the contents of the Platform/Services/Application will be uninterrupted or error-free;
c. the defects, if any on the Platform/Services/Application will be corrected;
d. any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Application, Services or sites, cancellation of competition and prizes.
e. the Platform/Services/Application being constantly available or available at all;
f. installation or uninstallation choices in relation to the Platform/Services/Application being successfully executed in all cases;
g. Your personal ability to use the Platform/Services/Application;
h. Your satisfaction with the use of the Platform/Services/Application;
i. that Platform/Services/Application will meet your requirements and expectations;
j. the accuracy of the data provided by the Platform/Services/Application;
k. the security and privacy of Your data;
l. that all bugs or errors in relation to the Platform/Services/Application will be corrected;
m. that the Platform/Services/Application will be compatible with all devices and all networks;
n. that the Platform/Services/Application is fit for a particular purpose or use;
o. that the Platform/Services/Application and the contents thereof are accessible in every location; or
p. that the Platform/Services/Application and the contents would be perpetually secure and not prone to breaches of security anywhere in the world.
Any material accessed, downloaded or otherwise obtained through our Platform/Services/Application is done at your discretion, competence, acceptance and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from your download or access of any such material.
To the extent permitted under law, neither us nor our affiliates, partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
In case we discover any error, including any error in the determination of winners or in the transfer of amounts to your account, we reserve the right (exercisable at our discretion) to rectify the error in such manner as we deem fit, including through a set-off of the erroneous payment from amounts due to you or deduction from your account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, we agree to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
We, our officers, directors, employees, affiliates and agents and any other entity responsible for providing access to the Platform in connection with this Agreement will not be liable for any acts or omissions, including of a third party, and including those vendors participating in our offerings made to You, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties persons, or for damages that result from the operation systems, equipment, facilities or services provided by third parties that are interconnected with us.
The Platform may include links to other mobile applications and/or websites. We do not endorse or support these links or the products and services they provide; these links are provided for Your convenience only. We are not responsible or liable for the content or accuracy of such links.
To the extent permitted under law, in the event of suspension (temporary or permanent) or closure of Platform/Services/Application, events or contests, including because of any government or court order or passage of any law, or any other Force Majeure Event or any other cause beyond our reasonable control, you shall not be entitled to make any demands, claims, on any nature whatsoever.
You agree that You are responsible for all data charges You incur through use of the Platform/Services/Application.
14. 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.
15. Third Party Sites, Services and Products
The Application may contain links to other internet sites owned and operated by third parties. Your use of each of those sites is subject to the conditions, if any, posted by the relevant sites. We do not exercise control over any sites and cannot be held responsible for any content residing in any third-party Internet site. Our inclusion of third-party content, payment gateway or links to third-party sites is not an endorsement by us of such third-party site.
16. 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/-).
18. Force Majeure
We will not be liable to you for any eventuality caused directly or indirectly as a result of using Application or Services or the Platform(s), in case of any Force Majeure Event. A Force Majeure Event is defined as any act of God, wars or threat of war (declared or undeclared), insurrections, acts of terrorism, epidemic, pandemic, governments actions (including but not limited to passage of any law, order), lockouts, civil unrest, demonstrations, real or potential labour disputes, any natural disaster, inability to obtain relevant authorisations or accident or defect in telecommunication network or any other act, affecting our ability to offer Services or Application or the Application and which are beyond our reasonable control. Force Majeure Event may render it difficult or impossible for us to continue to provide the Services on its Application or the Platform and we retain the right to suspend, limit or terminate the Platform/Application/Services until further notice
We may communicate with you through email, SMS, telephone, by posting notifications on the Application (including push notifications) or any other means of communication. By using the Application, you consent to receive such communications from us including in relation to the Application and/or Services, your account information or any updates/ changes to the Application/ Services and/ or other promotional or marketing communications from us.
We may allow you to use the Services to initiate SMS or text messages or other online communication to your friends, family, or other contacts. You are not required to send such text messages, however in case you do then you shall be solely responsible for them. You understand that standard text messaging and data rates may apply based on your plan with your mobile phone carrier. You also understand that we do not control the recipients, content, or timing of these text messages. If you choose to send any messages through the Services, you represent and warrant to us that the recipients of the messages have appropriately consented to receive the messages.
If you intend to participate in a promotion, and have listed your phone numbers on the National Do Not Call Registry (“NDNC Registry”), then you shall deregister the same from the NDNC Registry till the completion of such promotion. You agree not to make any claim or raise any complaint whatsoever against us in this respect. Please note that persons intending to participate in a promotion who have not de-registered themselves from the NDNC Registry shall also have no right to make any claim or raise any complaints against us if they do or do not receive any call or SMS with respect to their participation and all other matters pertaining to a promotion.
20. Entire Agreement
If one or more provisions of these Terms are held to be unenforceable under applicable law(s), the remainder of these Terms will be valid and enforceable.
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
Your access to the Application/Services/Platform may be terminated by us if:
a. You voluntarily uninstall the Application from your device;
c. Your Account is inactive for more than 365 days;
d. we identify that the same User Details are being used under multiple accounts, then we at our sole discretion will terminate/deactivate the Account without the Users’ consent and any Deposit in the Account will not be refunded.
e. we are required to do so by law.
We may terminate this Agreement at any time, with or without notice and may disable your access to the Application and/or bar You from any future use of the Services.
You may terminate this agreement at any time by terminating Your access to the Application. However, certain obligations of yours under this agreement shall continue to prevail even on such termination.
When the Terms come to an end, all of the legal rights, obligations and liabilities that You and us have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.
24. Governing Law & Jurisdiction
These Terms and all issues and questions thereunder shall be governed and construed in accordance with the laws of the Republic of India.
25. 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.
26. Customer Support
In case where you have any queries pertaining to the Application or its Services or the Terms, you may contact our customer service at <email@example.com> or you may alternatively also find the help and support page within our Application.
26. Grievance Officer
In the event you have any complaints or grievances regarding usage of Application or its Services, please contact Priyanka Yerrangula at <firstname.lastname@example.org > who is our Grievance Officer and Compliance Officer. The address for sending any correspondence in this regard is as follows:
Hike Private Limited, 910, 911, Ninth Floor, Westend Mall, Janakpuri, Near District Centre, New Delhi - 110058, India
Attention: Grievance Officer
The complaints will be redressed in the manner provided under the Information Technology Act, 2000, the Consumer Protection Act, 2019 and rules framed thereunder. We will acknowledge the receipt of any consumer complaint within forty-eight hours and redresses the complaint within one month from the date of receipt of the complaint.
28. Right to Take down
30. Copyright Notice
If you believe in good faith that any content displayed or transmitted through the Application infringes your copyright, you may reach us at <email@example.com>.
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.