Terms & Conditions

1. Introduction

1.1 This user agreement (the "Agreement"), which includes those terms and conditions expressly set out below and those incorporated by reference including the terms of the Privacy Policy and the Game Rules (as defined in section 8 below) is an agreement between you (the "User", "you" and "your"), and Head Digital Works Private Limited and its licensors, subsidiaries, associates, affiliates and partners (the "Company", "us", "we" and "our") which governs your use of the products and services ("Services") provided by Head Digital Works Private Limited (the "Company") through the www.a23.com website (the "Site") and associated software and A23 mobile application ("Application") on User's computers, tablets or smartphones (the "Device"). By using any of the Services you are agreeing to all the terms of this Agreement.

1.2 If any of the terms of the Agreement are determined to be unlawful, invalid, void or unenforceable for any reason, it shall not affect the validity and enforceability of the remaining terms. Any failure or delay on our part to act or exercise any right or remedy with respect to a breach of any of the terms of this Agreement by you shall not be construed as a waiver of our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.

2. Agreement

2.1 You should ensure that you read, understand and agree with all the terms and conditions contained in the Agreement, before you may use the Services. You should only use the Services if you have read and understood the Agreement and agree to abide by its terms and conditions. If you have any questions about the Agreement please contact us at mobilesupport@a23.com.

2.2 We reserve the right to amend, modify or change any of the terms of this Agreement at any time, and it is advisable to regularly look at these terms. We shall give notice of such changes("Notice") either by email notification to the email address provided to us by you upon registration, or by posting the amended Agreement on the Site. Such modifications could include changes to any of our Game Rules. If you do not agree with the terms of the amended Agreement, you may terminate your use of the Services by notifying us that you wish to terminate your Account. Your continued use of the Services will be deemed to constitute your acceptance of the changes to the Agreement.

3. Ownership

Use of the a23.com name and any of the other names or marks associated with the Site, the Services or the Application is strictly forbidden, unless it is used with the express written permission of the Company. The Site, the Services and the Application, including its code, documentation, appearance, structure, and organization is an exclusive product of the Company, which retains all rights, tangible and intangible, to the a23.com website, the games therein, software, mobile application, codes, copies, modifications, or merged parts.

4. Eligibility

4.1 In order to use the Services, a User must register for a user account ("Account"), and truthfully and accurately provide all mandatory information.

4.2 In order to participate in Practice Games ("Games"), you must be at least 18 years old. Practice Games are defined as being any games or tournaments which are part of the Services and are played with virtual game chips called "Play Chips".

4.3 You understand and accept that by viewing or using the Site or availing of any Services, or using communication features on the Site, you may be exposed to content posted by other Users which you may find offensive, objectionable or indecent. You may bring such content posted by other Users to our notice that you may find offensive, objectionable or indecent and we reserve the right to act upon it as we may deem fit. The decision taken by us on this regard shall be final and binding on you.

5. Description of Services

5.1 We provide valid, registered Users the opportunity to access and play online games of skill. The Company provides software and IT services to enable games of skill to be played with other individuals over the internet.

5.2 The Services provided by the Company are only intended to facilitate games of skill, and are for entertainment purpose only.

6. Your Account

6.1 You may only have one Account, and your Account is to be used solely by you. You undertake that all the information provided by you at the time of opening the Account, or provided by you subsequently upon request by the Company, is true, complete and correct. You further undertake to keep all such information which has been provided by you up to date at all times, by making necessary changes or intimating the Company when such details change.

6.2 You are prohibited from using the Services by means of an Account registered in the name of any other individual.

6.3 Should you attempt to open more than one Account, under your own name or under any other name, or should you attempt to use the service by means of any other person's account, we will be entitled to close all your Accounts and bar you from accessing or using the Services in the future without notice.

6.4 You shall not share the password to your Account, or any other confidential or sensitive information associated with your account, with any other individual. The Company is not responsible if your account is accessed by others using your password or other confidential details or information.

7. Miscellaneous

7.1 You are prohibited from:

a. posting, publishing or otherwise making available to other Users through our Services, Site or Application, any content which is obscene, defamatory, illegal, prejudicial to the Company, or is otherwise offensive without being illegal.

b. undertaking any activity which may be harmful to other Users or interfere with the functioning of the Site, the Application or the Services, including but not limited to attempting to decompile the Application, intercept communications with the Site, attempting to mask or spoof your IP address, or uploading or spreading viruses or computer contaminants (as defined in the Information Technology Act, 2000 or such other laws as may be in force in India).

8. Game Rules

You agree to abide by the rules and regulations of each of the Games as published and periodically updated (the "Game Rules"). You should ensure that you have read and understood the rules and regulations of the Games. These Game Rules form part of the Agreement and can be found on the 'Settings' option of the mobile application. Please read them now before using the Services. We may, from time to time, make additional Games available as part of the Services. This Agreement will apply to any Game Rules relating to such Games. We will let you know about, and give you the opportunity to read, such Game Rules at the time of introducing additional Games to the Application. We reserve the right to determine the results and winners of each of the Games in accordance with the Game Rules. By registering and/or participating in any Game or tournament you agree by these determinations. We will post lists of winners on the Application following each Game.

9. System Failures

In the event of a server crash, breakdown, software defect, technical failure or any other failure attributable to the Company or otherwise, including any natural disaster or other act of god, which results in disruption to a Game, such Game shall be canceled, and the Company is not liable for play chip losses from any unfinished Game.

10. Intellectual Property

10.1 All rights, tangible and intangible, including copyright and other intellectual property rights, with regard to the Services, the Site and the Application, and any content or information displayed or contained therein, belong exclusively to the Company, unless expressly provided otherwise. The Company is merely permitting the User to play Games online and not use the same for any other commercial gain, and no right of any nature whatsoever is being passed on the user by virtue of permitting him / her to play the Game. Using the Services, the Site and the Application does not, expressly or impliedly, give you ownership of any intellectual property rights in the Services, Site or Application or the content or information you access.

10.2 While the Company retains all rights, including copyright, over any content which may be generated by Users, including but not limited to the contents of chat messages or message boards/forums ("User-generated Content"), you acknowledge that the Company is not responsible for such User-generated Content. You understand that you will be accessing such User-generated Content at your own risk, and will not hold the Company responsible for an obscene, defamatory, illegal or otherwise offensive User-generated Content which may be displayed or accessible.

10.3 Our Services, Site or Application may display content which does not belong to the Company. The Company is not responsible for such content, and this content is the sole responsibility of the person or entity that makes it available.

11. Breach and Consequences

11.1 You acknowledge and agree that in the event you commit a breach (as may be determined by the Company in its sole discretion) of any of the terms of the Agreement, or the Company in its sole discretion determines that your continued access to the Services is prejudicial to the Company, other users or the public interest, the Company may take any one or more of the following steps:

a. Suspend or delete your Account(s),
b. Bar you from using or accessing the Services in the future,
c. Impose restrictions upon your ability to play certain types of Games,
d. Report any suspicious or potentially illegal activity to legal or governmental authorities.

11.2 Any such actions as enumerated above which may be taken by the Company would be without prejudice to any other legal or equitable rights/remedies available to the Company.

12. Limitation of Liability and Indemnity

12.1 The Company shall not be liable for any claim, loss, injury, or damages (direct, indirect, incidental or any other kind whatsoever) arising from or in connection with your use of the Services, the Site or the Application.

12.2 You agree to indemnify and hold harmless the Company against any claims, actions, suits, damages, penalties, or awards brought against us by any entity or individual in connection with or in respect of your use of the Services, the Site or the Application.

13. Disclaimer

13.1 The Company expressly disclaims all responsibility and liability for any harm resulting from:
a. your participation in, or cancellation of, any Game,
b. any activity or transactions with third parties whom you may have connected to through the Services, the Site or the Application, and
c. any User-generated Content, including any violation of intellectual property rights with respect to such User-generated Content.

14. Warranty

14.1 The Company makes no warranty or representations about the accuracy or completeness of the content contained on the Site, the Services or the Application. The Site, the Services and the Application, and all content, materials, information, services, and products contained therein, including, without limitation, text, graphics, and links, are provided 'as is' and without warranties of any kind, whether express or implied.

14.2 The Company disclaims all warranties, express and implied with regard to the merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus etc of the Site, the Services or the Application. The Company does not represent or warrant that the functions contained in the Site, the Services or the Application will be uninterrupted or error-free, that defects will be corrected, or that they or the server that makes the Site, the Services or the Application available are free of viruses or other harmful components.

14.3 The Company also reserves the right to limit your use of the Services or participation in any Game, or terminate your Account, in case it determines that you have intentionally caused any malfunction or disruption of the Services.

15. Use of Services

15.1 Commercial use of the Services, Site or Application is strictly forbidden. The User is only allowed to use the Application for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her Account for any purpose other than for playing the Games. The Company reserves the right to monitor any effort to establish multiple accounts; in the event the Company discovers that you have opened more than one Account per person, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your Accounts.

15.2 The User may not attempt to modify, decompile, reverse-engineer or disassemble the Application in any way. The use of external player assistance programs ("EPA Programs") or artificial intelligence, including, without limitation, 'robots' is strictly forbidden in connection with the Services, the Site, the Application and the Games. All actions taken in relation to the Games by a User must be executed personally by the User through the user interface accessible by use of the Site and/or the Application. You agree that Head Digital Works Private Limited may take steps to detect and prevent the use of EPA Programs, robots/ bots, or any form of artificial intelligence. Such action may include, but is not limited to, the examination of Application running concurrently with the Head Digital Works Private Limited Application on the User's Device.

16. Third Party Sites

The Site may provide links to third-party web sites. Third parties and third party web sites may have different privacy policies, terms and conditions and business practices than we do. Your dealings or communications with any party other than the Company are solely between you and that third party. Reference on the Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, logo, and manufacturer or otherwise does not constitute or imply its endorsement or recommendation by the Company.

17. Governing Law

This Agreement shall in all respects be governed and interpreted by, and construed in accordance with, the laws of India.

18. Jurisdiction

All disputes, complaints, differences etc, shall be subject to the exclusive jurisdiction of the courts at Hyderabad, Andhra Pradesh, India.

19. Disconnections

19.1 While participating in a Game, a User takes full responsibility for the risk of internet disconnection or communication interferences between their Device and the Company's servers, any lag or freezing of the game or Application, and any problems attributable to their own Device or network connection. Other than a crash of the Company's servers, the Company does not take any responsibility for any of the player's disconnections from the server.

19.2 As the Company is aware that internet disconnections or other disruptions may occur, players will remain on the table and can continue to play the Game once the connection is back online, until they are eliminated.

20. Contact us

In case of any questions or complaints, feel free to contact us any time at mobilesupport@a23.com. In case of any change in your personal information, please contact Customer Service at mobilesupport@a23.com. If you forget your password, or suspect that your password or your Account has been compromised, please contact mobilesupport@a23.com.

21. Accepting the terms and conditions

You undertake to have read and abide by the above terms and conditions.

22. Termination by User

You may cease using the Services and terminate your Account at any time, by writing to us at mobilesupport@a23.com and informing us of your intention.