TERMS AND CONDITIONS OF USE
other policies available on our platform forms a legally binding
agreement between You and
Gambit Sports Private Limited (“NOSTRAGAMUS”, “Our”, “We”, “Us”).
- A person of sound mind, who is above 18 years of age, may use this Platform.
- The Platform may not be used by residents of Assam, Odisha, Nagaland, Sikkim and Telangana. In addition to this, certain games may be restricted in some additional states. Visit our Eligibility section for more information on who may use the platform.
- The steps to register on the platform & add money to Your account have been detailed out under Our Nature and use of the Platform section.
- Please note that Your User Details like your username and profile picture will be visible to other users on the Platform.
- Your ability to participate in the Contests available on Our Platform are governed by rules that you can read more about in Our Contest Participation section. It is possible that each Mobile Game may be subject to its own Game Rules and Code of Conduct. To understand this better please refer to Our section on Mobile Games.
- Please note that the sole discretion to determine the terms applicable on any Contest including the Awards to be given in any Contest lies with Us. Further, the Entry Fee for any contest is non-refundable and may only be refunded under the circumstances stated in Our Return, Refund and Cancellation policy.
- Winnings in Your account may be withdrawn by You, subject to the completion of KYC verification and will be subject to TDS deductions when applicable.
- Our Platform offers only skill-based games. To understand more about the nature of games offered on Our Platform please refer to the Games of skill section.
- We would also request you to go through our Safety Section to be aware of and follow all the necessary precautions while playing Mobile Games on Our Platform.
- You will be liable to indemnify Us in the event We suffer any losses on account of Your use of Our Platform or Your failure to abide by this Agreement. Our Restrictions section will let you know how and what you may not use Our Platform for.
- To know more the circumstances under which Your access to the Platform or this Agreement may be terminated, read our Termination section.
- Your use of this Platform is completely at Your own risk. We disclaim all warranties in relation to the Platform. To understand more please refer to Our Disclaimer section.
- Any dispute between You and Us will be resolved by way of Arbitration which will be conducted in Bangalore by a sole arbitrator appointed by Us. For further details refer to Our Governing law and dispute resolution section.
- For information about Our Referral program, please click here.
- For rules governing NOSTRAGAMUS Team, please click here.
- If You have any complaints or grievances over any of the Services offered on the Platform, please contact our Grievance Officer.
- Gambit Sports Private Limited is an Indian company incorporated under the Companies Act, 2013. NOSTRAGAMUS operates a mobile gaming portal in India, which offers various skill and learning based digital games some of which are developed by Nostragamus, and others by Third-Party Game Developers through its web portal https://www.app.nostragamus.in/, partner websites, mobile applications and other portals (collectively, the “Platform”).
- Capitalized terms used herein but not defined shall have the meanings ascribed to them under section 1.9 (Definitions and Interpretation) of this Agreement.
- This Agreement shall apply to all Persons who visit the Platform, or create a player Account on the Platform (the “Users”, “You” or “Your”).
- By registering on, browsing, downloading, using or accessing any part of the Platform or utilizing the Services, the Users agree to be bound by this Agreement.
- If at any time the User does not accept or agree to any terms of this Agreement, on a continuing basis in relation to any of the Services offered on the Platform, they should not access the Platform.
- Any Users’ continued usage of the Platform after any such update, change, replacement or modification in the Agreement constitutes their valid consent to such changes.
- “Applicable Law” means all laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, orders, permits, tariffs and approvals, including those relating to health and safety, of any governmental authority or self-regulatory guideline that may apply to the Users or is related to the subject matter of this Agreement as applicable in the territory of India.
- “Contest” is a skill based competition offered by NOSTRAGAMUS on the Platform in which Users compete either in a tournament or 1v1 battle by playing the Mobile Games on the Platform. Contests can be either ‘paid’ or ‘free to play’. Paid Contests require the Users to pay an Entry Fee for participation, whereas free to play Contests are open to all Users without any Entry-Fee.
- “Balance” is the credit (either in the form of cash or promo or poker cash) available in an Account and includes the amount added by a User through Deposits or/and earned through Winnings by participating in Contests on the Platform.
- “Deposit” is the amount added by the User to his/her Account through his/her preferred payment mode (e-wallet, debit/credit cards, UPI/BHIM, net banking). The Deposit conversion ratio is INR. 1/- (Rupees One Only) = INR 1 (one).
- “Entry-Fee” refers to the fee which Users pay either in the form of cash Balance available in their Account to participate in a Contest on the Platform.
- “Mobile Games” refers to the digital games of skill including fantasy games available on the Platform developed by NOSTRAGAMUS or Third-Party Game Developers.
- “Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under the Applicable Law.
- “Third Party Game Developer” refers to any Person (natural or juristic) whose Mobile Game is available on the Platform.
- “Promo” is an award in the form of NOSTRAGAMUS promo that may be given to any User at NOSTRAGAMUS’ sole discretion for participating on the Platform.
- “Poker Cash” is an award in the form of NOSTRAGAMUS Poker Cash that may be given to any User at NOSTRAGAMUS’ sole discretion for participating in Poker on the Platform.
- “Winnings” are awards (either in the form of cash, promo or promotional gifts) given to a User for winning or/and performing well in a particular Contest on the Platform.
- Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided for.
- Headings and captions are used for convenience only and not for interpretation of the Agreement.
- Any reference to a natural Person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic Person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.
- Any browsing, registering, downloading, using or accessing by any Person of any part of the Platform or utilisation of any of the services offered by NOSTRAGAMUS will be deemed to constitute a legal contract between the User and NOSTRAGAMUS.
- A User may use the Platform if (a) it is a natural Person, as per any Applicable Law, regulation or generally accepted practices or guidelines applicable in the country of India; or (b) it is a juristic Person, as per any Applicable Law, regulation or generally accepted industry practices and guidelines applicable in the country of India.
- Any User who is “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. is not eligible to enter into this Agreement with NOSTRAGAMUS.
- The Platform should not be used, installed, or played by any Person under the age of 18 years.
- No Person, whether a NOSTRAGAMUS employee or not, who is involved in the development of Mobile Games or/and algorithms on the Platform can participate in any Mobile Games on the Platform, where such participation could alter, modify or unduly influence his/her performance on the Mobile Game, without express written permission of NOSTRAGAMUS and subject to such terms and conditions as NOSTRAGAMUS may seek to impose on such Person.
- The Mobile Games and the services available on the Platform are open only to Persons currently residing in India. Persons residing in the state of Assam, Odisha, Nagaland, Sikkim and Telangana (“Restricted States”) are prohibited from participating in any Mobile Games on the Platform. Further, there may be certain games that may be restricted in some additional states. Please check the Special Rules/Terms of each Game to know more.
Nature and use of the Platform
- NOSTRAGAMUS provides the Platform to You on which You can play Mobile Games either offered by NOSTRAGAMUS or independent Third Party Game Developers. The Platform is designed to provide You an in-app browsing experience through an embedded browser. These Mobile Games run online over the Platform and do not have to be separately downloaded or installed.
- Registration You may register by approving and agreeing to this Agreement and providing Your registered mobile phone number on the Platform. You will be verified by NOSTRAGAMUS using a one-time password (“OTP”) system. Upon successfully verifying the OTP, an account will be created for You (“Account”).
By registering for an Account, You represent, warrant and agree
a) You fulfil the eligibility criteria as detailed in section 2 (Eligibility);
b) You are using Your actual identity and the mobile phone number you have provided is registered in Your own name;
c) You will provide only true, accurate, current, and complete information about Yourself, including optional information such as Your profile photograph, user-id etc., on the Platform (“User Details”);
d) You will maintain and promptly update the User Details and other information that You provide on the Platform to keep it true, accurate, current, and complete.
- The Users acknowledge that their User Details will be accessible to other User on the Platform and shall be available for NOSTRAGAMUS to create promotional and interactive content over the Platform.
- 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 and will abide by the Agreement.
b) You are responsible for maintaining the confidentiality of passwords associated with any device You use to access the Platform. Accordingly, 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 the relevant authorities as soon as possible.
a) In order to participate in certain Contests, the Users may be required to pay an Entry Fee in the form of cash. Users may add cash to their Account by using any of the payment modes available on the Platform.
b) The Deposits may be used to participate in Contests in the manner provided under section 4 (Participation in Contests). There may be certain Contests which allow for payment of the Entry Fee in the form of promo or may allow for part payment of the Entry Fee in the form of promo and the remainder of the Entry Fee from the Deposit/Winnings.
- Each User is solely responsible for all activities that occur under their Account, including the use of any of the Services on the Platform.
- NOSTRAGAMUS grants such Users a non-transferrable, limited, non-exclusive and revocable privilege to register an Account on and use the Platform.
- If NOSTRAGAMUS identifies that the same User Details are being used under multiple accounts, then NOSTRAGAMUS at its sole discretion will terminate/deactivate the Account without the Users’ consent and any Deposit in the Account will not be refunded.
- NOSTRAGAMUS, at its sole and absolute discretion and without any notice to the Users, reserves the right to restrict, suspend or terminate any Account or access to the Platform temporarily or permanently to any User.
NOSTRAGAMUS may, at its sole and absolute discretion restrict,
change, suspend, or terminate any User’s access to all or any part
of the Platform, including but not limited to:
a) reject, move, or remove any material that may be submitted by the User;
b) move or remove any content that is available on the Platform;
c) deactivate or delete an Account and all related information and files on their Account;
d) establish general practices and limits concerning use of the Platform and the services; and
e) assign its rights and liabilities with respect to all Accounts hereunder, to any entity.
- Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no ownership or other interest in their Account, and further acknowledge and agree that all rights in and to their Account are and shall forever be owned by and inure to the benefit of NOSTRAGAMUS.
- The Users also accepts to receive news, updates, offers/campaign related SMS, to the mobile phone number provided by the User, except when prohibited under Applicable Laws.
Platform Fee Information
a) The actual house edge for all the products/games is between 0% and 33% and under extreme exceptional cases may go beyond this range. This can be easily deduced from the entry fee and the total prize offered.
Participation in contest
- The Users may use the Platform to participate in a variety of Contests available on the Platform.
- In order to participate in a Contest, each User may be required to pay an Entry Fee to the Platform which is deducted from the Balance available in the Account of the User.
- Each Contest has a pre-determined limit 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 Platform, only if the requisite number of Users register for the Contest before the prescribed entry time.
- Any amount received by NOSTRAGAMUS as 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 NOSTRAGAMUS from time to time in any manner that is convenient to the Company, and NOSTRAGAMUS reserves the right to extend the participation and time limit for registration, cancel any Contest, and modify any terms, all with due notice to the Users of the Platform.
a) Awards for all Contests shall be pre-declared at the time of registration in the specific rules applicable to such Contest. Awards may be in the form of NOSTRAGAMUS Tokens, cash or promotional gifts.
b) Users are eligible to withdraw only cash Winnings from his/her Account to his/her respective bank/wallet account once it is KYC (Know Your Customer) verified.
c) KYC verification is mandatory as a proof of identity for making withdrawals from Your Account to Your bank/wallet account. KYC verification may be done through the Platform by providing certain details: (i) photograph of a valid government ID (Aadhaar Card, Driving License, PAN Card, Voter Card etc.); and (ii) other User Details.
d) NOSTRAGAMUS does not issue receipts for entries in the Contests. The entries are accounted within the Account on the Platform. It is the responsibility of the Users to ensure that the entries are accurate and the Winnings are duly credited to his Account.
e) Any tax/levies/duty etc., as applicable on material prizes, shall be paid by the winner of the game. Based on TDS (tax deducted at source) Rules for any sort of game winning in India, 30% TDS should be deducted on any winning above Rs.10,000/- in a single game.
Return, Refund and Cancellation
a) In the event that there is an error in the Services provided by us, we may refund the Entry Fee, provided the reasons are genuine and proved after investigation by NOSTRAGAMUS.
b) Please read the rules of each Mobile Game and Contest before participating.
c) 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 Entry Fee to You within a reasonable amount of time.
d) . In case we cancel your participation in any Mobile Game or Contest as a result of this, We will return Your Entry Fee to You within a reasonable amount of time for You to redeem the same by playing other Contests on NOSTRAGAMUS.
e) . We will try Our best to create the best user experience for You. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase and in case of payments made through a payment gateway, payment refunds will be made to the same account.
- In order to comply with extant law relating to deposit regulations, please note that the Users must withdraw any idle Balance lying in their Account within 365 days of having won a particular Contest. Similarly, Users must use any money in their Account within 365 days. If not, the said Balance will have to be forfeited by NOSTRAGAMUS.
- The Platform is operated and designed to provide You an in-app browsing experience through an embedded browser. The Platform is per se a platform which offers Services and hosts Mobile Games by Third Party Game Developers. The Platform does not host, display or transmit any content owned by third parties on its servers, unless We either have a license or are not prohibited under the Applicable Laws, to do the same.
- The Mobile Games will have their own rules and code of conduct (“Game Rules”) which shall be adhered to by all Users at all times.
- When You play a Mobile Game, You agree and acknowledge that the Platform does not create and/or broadcast any content on its own accord and NOSTRAGAMUS is not responsible or liable for the content or accuracy of the Mobile Game, including copyrights, that may be accessed by You through the Platform.
Games of skill
- The Mobile Games hosted by NOSTRAGAMUS on the Platform are all Games of Skill (defined below). Different Mobile Games will reward different skills, but each game will reward certain skills, such as knowledge of the game, familiarity with rules, experience, reflexes, experience, practice, hand-eye coordination etc. Certain games may have pre-determined outcomes (Sudoku, Crosswords, Brick Breaker), which are achievable by the Users using their skills to play the games.
- Users must note that all Mobile Games available on the Platform are games where the success or/and performance of the Users depends predominantly upon their superior knowledge, training, attention, experience and adroitness (“Games of Skill”) in playing the game. ‘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 except in the Restricted States.
- Hence, the individuals residing in the Restricted States should not participate in any Contest or Mobile Games offered on the Platform. Any participation by such individuals shall be at their sole risk and discretion and NOSTRAGAMUS shall not be liable to refund or reimburse any injury or damages suffered by such individuals.
- NOSTRAGAMUS reserves the right to monitor all activities from the User’s Account on the Platform. If any User participates in any Contest or Mobile Games in violation of any central and/or state law(s) in India, NOSTRAGAMUS reserves the right to cooperate with law enforcement agencies of the relevant state and report such participation or/and suspicious activity along with all relevant details of the concerned User.
- NOSTRAGAMUS does not support, endorse or offer to any User ‘games of chance’ for money. Each Mobile Game and Contest available on the Platform has clearly defined rules and code of conduct. All Users are encouraged to read, understand and follow these rules to be successful in these games. NOSTRAGAMUS shall not be liable if Users do not adhere to the Game Rules or otherwise engage in gambling or betting activities on the Platform.
Safety precaution and responsible gaming
- NOSTRAGAMUS suggests that Users adopt a balanced approach while engaging with any of the Mobile Games on the Platform and safeguard themselves against any adverse effects. If played responsibly, Mobile Games (like other forms of sports) aim to encourage Users to develop their mental prowess, hand-eye co-ordination, competitiveness and encourage teamwork.
- You should take certain standard health and safety precautions while playing any Mobile Game, including taking adequate breaks, sitting at a reasonable distance from the screen, playing in a well-lit environment, and avoiding playing when tired, drowsy, intoxicated or under the influence of drugs. Avoid playing without breaks over long periods of time as this could affect Your performance and could negatively impact hand-eye coordination, balance, and multi-tasking ability.
- The Platform or the Mobile Games offered on the Platform may contain flashing lights, realistic images, patterns and simulations which may cause certain side effects. If Your hands, wrists, arms, eyes or other parts of Your body become tired or sore while playing, or if You feel symptoms such as tingling, numbness, burning or stiffness, stop and rest before playing again. If You continue to have any of these above symptoms, please stop playing IMMEDIATELY and consult a doctor.
- If You play any Mobile Games on the Platform, give Yourself plenty of room to play and always be aware of Your surroundings. While playing any Mobile Game You may be moving around the play area and using Your hands to control gameplay. You must ensure that You are not near other people, objects, stairs, balconies, windows, walls, furniture or other objects that may pose a danger to You or could be damaged during the play. Never handle sharp or dangerous objects while playing any Mobile Game on the Platform.
- 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 Mobile Games is at Your own risk and NOSTRAGAMUS shall not be liable for any death, injury or health complications resulting from Your use of the Platform.
- You agree that Your use of the Platform and to play the Mobile Games is at Your own risk, and it is Your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as You deem reasonably necessary for any injuries that You may incur while using the Platform.
- You hereby agree that if the terms of this Agreement are not adhered by You, NOSTRAGAMUS will be irreparably damaged, and therefore You agree that the Platform shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect to any breach of this Agreement, in addition to any other remedies available under Applicable Law.
Restrictions on your use of the Platform
- You will not use the Platform, or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement or under Applicable Law.
You will not use the Platform, 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 User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging,
- that is relating to or encourages money laundering or gambling, or is otherwise unlawful in any manner whatsoever;
- that harms minors in any way;
- that infringes any patent, trademark, copyright or other proprietary rights; violates any Applicable Law for the time being in force;
- that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- which impersonates another Person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform or any other computer resource;
- that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) and like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder; threatens critical information infrastructure.
- You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Platform or any component or content thereof, available to third parties without the permission of NOSTRAGAMUS.
- You will not circumvent or disable any digital rights management, usage rules, or other security features of the Platform; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platform; and not use the Platform in a manner that threatens the integrity, performance, or availability of the Platform.
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 NOSTRAGAMUS to You in writing or is required by the Applicable Law;
- 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;
- transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platform;
- use the Platform 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 Platform, 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 Platform;
- forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Platform; and/or
- obtain any materials or information through any means not intentionally made available, in the opinion of NOSTRAGAMUS, through the 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 officials, employees, agents, partners, affiliates, dealers and franchisees.
- If We detect any activity from Your User Account that is fraudulent, suspected to be defrauding the Platform, or if You are found colluding or participating in any kind of fraudulent activity on the Platform in any manner, then You shall be debarred from participating in any Contest available on the Platform.
- We reserve the right to deactivate or delete Your Account and all related information on it and forfeit related Balances 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 Platform.
- Any deductions or forfeiture of Balances made from Your Account shall be made at Our sole and absolute discretion and shall not result in any liability on NOSTRAGAMUS 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 the sole and absolute discretion of NOSTRAGAMUS and the User shall not claim such right or any other recourse from NOSTRAGAMUS.
- Indemnification:You shall defend, indemnify and hold NOSTRAGAMUS, and its officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fee that may result from or alleged to result from (a) Your use of the Platform or any content thereof, including Mobile Game; or (b) Your breach of any rules, regulations and/or orders under any applicable law.
- You are also responsible for any breach of Your obligations under the Agreement and/or for the consequences of any such breach.
Your access to the Platform may be terminated if:
- You voluntarily uninstall the Platform from Your device;
- You do not pay the requisite fee, if any, should NOSTRAGAMUS charge for use of the App.
We may have to terminate Your access to the Platform if:
- We are required to do so by law (for example, where the access to and/or provision of the Platform to You becomes, unlawful);
- The third-party Person, if any, with whom We offered the Platform to You has terminated its relationship with Us or ceased to offer the related services to Us or to You;
- The provision of Platform to You, is no longer commercially viable or feasible for Us; or
- You are a repeat infringer of this Agreement.
- We may terminate this Agreement at any time, with or without notice and may disable Your access to the Platform and/or bar You from any future use of the Platform.
- You may terminate this Agreement at any time by terminating Your access to the Platform. However, certain obligations of Yours under this Agreement shall continue to prevail even on such termination.
- When this Agreement comes to an end, all of the legal rights, obligations and liabilities that You and NOSTRAGAMUS 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.
No warranties: The Contents provided through the Platform may include technical inaccuracies or typographical errors. NOSTRAGAMUS may make changes or improvements to the Platform at any time. The Contents or any information available on the Platform 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:
- any implied warranty or merchantability, fitness for a particular purpose;
- that the contents of the Platform will be uninterrupted or error-free;
- that defects, if any on the Platform will be corrected;
- the Platform being constantly available or available at all;
- installation or uninstallation choices in relation to the Platform being successfully executed in all cases;
- Your personal ability to use the Platform;
- Your satisfaction with the use of the Platform;
- the accuracy of the data provided by the Platform;
- the security and privacy of Your data;
- that all bugs or errors in relation to the Platform will be corrected;
- that the Platform will be compatible with all devices and all networks;
- that the Platform is fit for a particular purpose or use;
- that the Platform and the contents thereof are accessible in every location; or
- that the Platform and the contents would be perpetually secure and not prone to breaches of security anywhere in the world.
- NOSTRAGAMUS, its officers, directors, employees, affiliates and agents and any other service provider(s) 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 Person, and including those vendors participating in NOSTRAGAMUS’ 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 Persons that are interconnected with NOSTRAGAMUS.
- The Platform may include links to other mobile applications and/or websites (some of which may be automated search results) which may contain materials that are objectionable, unlawful, or inaccurate. 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.
- You agree that You are responsible for all data charges You incur through use of the Platform.
- Limitation of liability: Your use of the Platform, or any content, including Mobile Game, available thereof is entirely at Your own option and risk and We shall be held harmless and not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to Your use of the Platform or any content thereof, including Mobile Game. To the maximum extent permitted by Applicable Law, Our total liability to You for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the Balance in your Account.
- You may terminate Your access to the Platform if You are not satisfied with the Platform or any Mobile Games.
- Force Majeure: NOSTRAGAMUS shall not be liable for any damages whatsoever arising out of Force Majeure Event or other similar circumstances, directly or indirectly to the Users as a result of playing Mobile Games or using the services offered by NOSTRAGAMUS on the Platform. A Force Majeure Event is a real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network that affects the Company’s ability to offer the services or/and the Mobile Games on the Platform. Force majeure or other event beyond NOSTRAGAMUS’ control hindering, delaying or complicating the maintenance of the Platform entitles NOSTRAGAMUS to suspend or limit the Platform until further notice.
Governing law and dispute resolution
- The Platform may be controlled and operated through any country and will be subject to the laws of that state in which they are controlled and operated by the User. If You use the Platform from any location, then, You are responsible for compliance with the local laws applicable to You.
- All or any disputes arising out of or touching upon or in relation to this Agreement including the interpretation and validity of the terms thereof and the respective rights and obligations of the parties shall be settled through arbitration. The arbitration shall be governed by the Arbitration & Conciliation Act, 1996 (India) or any statutory amendments/modifications thereto for the time being in force.
- The arbitration proceedings shall be held at Bangalore, Karnataka by a sole arbitrator who shall be appointed by NOSTRAGAMUS and whose decision shall be final and binding upon all the parties.
- Subject to the arbitration clause, the courts at Bangalore, Karnataka alone shall have the jurisdiction. The language of the arbitration proceedings shall be in English.
- You and NOSTRAGAMUS agree that any cause of action arising out of Your use of the Platform 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.
In accordance with the Information Technology Act 2000 and rules made thereunder, We have a Grievance Officer to address Your concerns regarding data safety, privacy, and the Platform usage concerns including complaints You have against other users on the Platform. We will resolve these issues raised by You within 30 (thirty) days from receiving them. You may contact the Grievance Officer at the following coordinates:
Name: Subham Parida
Address: 579/B, R.T Square,
Service Rd, Santhosapuram,
1st Block Koramangala, HSR Layout 5th Sector,
Bengaluru, Karnataka 560034
Office Hours: 11 am – 7 pm
- NOSTRAGAMUS may offer referral programs (“Referral Program”) on the Platform to allow all its Users to receive certain rewards in the form of promo or cash (“Rewards”) for each player that they refer to play on the Platform
- All active Users of the Platform are eligible to participate in the Referral Program except in cases where an Account has been suspended or has otherwise been disallowed by NOSTRAGAMUS from participation in the Referral Program.
- Only ‘successful referrals’ will be counted and eligible to receive the Rewards. A successful referral is an event in which a new User will register on the Platform and complete the sign-up by clicking on the referral link of the referrer or by putting the referrer’s unique referral code.
- Criteria to use the Rewards – The User will be able to use only a certain percentage of the cumulative Rewards (as permitted by NOSTRAGAMUS from time to time) reflecting in his/her Account to join any of the upcoming tournaments on the Platform.
Additional terms applicable to all Referral Programs
- The nature and value of Rewards to be credited will be based on the Referral Program offered by NOSTRAGAMUS at any given point in time to an individual User.
- Referral links will be generated from each User’s Account on the Platform.
- Rewards and their types are subject to change at NOSTRAGAMUS’ discretion without notice.
- Users found to have been committing fraud will be blocked from the NOSTRAGAMUS platform.
- The reward amount/type is based on the applicable reward on the day a user’s referral signs up on the platform.
- A user can refer up to 1000 friends.
- NOSTRAGAMUS reserves the right to change rules and regulations without notice.
- Please contact Customer Support in case of further queries. The nature and value of Rewards to be credited will be based on the Referral Program offered by NOSTRAGAMUS at any given point in time to an individual User.
Disqualification from Referral Programs
- Users will not receive credit for referring themselves by creating multiple Accounts.
- NOSTRAGAMUS reserves the right, in its sole discretion, to suspend or disqualify an Account from the Referral Program or nullify the referral Rewards.
- Taxes- The Users are responsible for paying any and all taxes or commissions related to the Rewards earned by them through the Referral Programs on the Platform. NOSTRAGAMUS reserves the right to withhold taxes as appropriate and as required under Applicable Laws.
Games on NOSTRAGAMUS
In providing the games on the NOSTRAGAMUS Platform, NOSTRAGAMUS takes great care to comply with all central and state legislations in India to ensure that the Users are fully protected. The games on NOSTRAGAMUS Rummy and Poker are carefully designed to comply with all applicable statutes and regulations in India
FANTASY SPORTS: Fantasy sports are contests which are designed to test a user’s knowledge and understanding of a sport, as well as the teams and players involved in a sporting event, before the event begins. There are two variants of fantasy sports which are offered on the Nostragamus platform:
Dream Team: This is the most popular format of fantasy sports where users create their own (virtual) team for an actual match. The user’s team may comprise players from both the teams involved in the match. All users are allotted an equal number of ‘credits’, which they use to pick the players for their team. The players in the user’s (virtual) team earn points based on their performance in the real match. The game therefore requires an understanding, analysis and application of various aspects, including but not limited to, patterns relating to players’ performance, team performance, venue and weather-related information etc.
This widely popular format has been held to be a ‘game of skill’ by various High Courts across the country, and thus may be offered in full compliance with the restrictions on gambling and betting in the vast majority of states in India. In this regard, the judgments of the Division Bench of the Bombay High Court in Gurdeep Singh Sachar v. Union of India &Ors. [Criminal Public Interest Litigation Stamp No.22 of 2019], the Punjab and Haryana High Court in Varun Gumberv. Union Territory of Chandigarh and Ors. 2017 Cri.L.J.3827 and the Rajasthan High Court in Chandresh Sankhla v. State of Rajasthan & Ors. may be referred to. It is also pertinent to note that the Supreme Court in appeal from the judgments of the Bombay High Court and the Punjab and Haryana High Court, was pleased to dismiss the same, thus rendering finality to the said judgments.
- Picks: In this variant of fantasy sports, users are asked a set of questions about an upcoming or ongoing match. Each question has 2 or 3 options from which users choose their picks. Users score points if their picks are correct & lose points when their picks are wrong. There are additional power-ups that allow users to score more when their picks are right & save them from losing points when their picks are wrong. As with the ‘Dream Team’ variant, this too requires users to exercise their knowledge and understanding with respect to various aspects of the sport. Thus, this too is a game which is predominantly based on ‘skill’.
A popular card game that requires various manner of analyses involving the application of mathematics, psychology and strategy. The player is required to make the best possible combination, based on the cards which are dealt to them.
Poker has been established to be a ‘Game of Skill’ which is entitled to any applicable exceptions for the same. A number of states have specifically named poker as a ‘game of skill’ in their statutes and High Courts across the country have also taken a similar view. For instance, this position has been taken by the Calcutta High Court in Kizhakke Naduvath Suresh, Indian Poker Association v. State of West Bengal W. P. No. 13728 (W) of 2015as well as the Karnataka High Court in Indian Poker Association v. State of Karnataka WP Nos. 39167 to 39169 of 2013. The Karnataka High Court has stated that where poker is being offered as a game of skill, it may be done so without any interference from the police officials.
RUMMY: A popular card game for two or more players in which each player tries to assemble groups of cards of the same rank or of consecutive sequence in the same suit and to be the first to meld them all. Rummy was declared to be a ‘game of skill’ or ‘mere skill’ by the Supreme Court in the landmark decision of State of Andhra Pradesh v K. Satyanarayana (AIR 1968 SC 825). This decision has been followed and reiterated by the Karnataka High Court twice, in G.S. Ananthaswamy Iyer and Ors. vs State of Karnataka 1982 CriLJ 2121 and Kirana S &Ors. v State of Karnataka Criminal Petition No. 7648/2013. In both instances, the Court held that the operation of rummy, being a game of skill, does not constitute any offence related to gambling or betting and consequently, no criminal proceedings may lie against the same.
QUIZ: Nostragamus runs a proprietary quiz game known as ‘Quiz Duels’, which allows users to test their knowledge of a particular topic against other users. The quiz game allows users to play against other users. All the users playing against each other are given the same set of 8 questions. The questions have multiple choices & a differential scoring system in place which allows users to score more by answering quickly.
The Quiz based game service sought to be offered by the Nostragamus can be classified as a ‘game of skill’, as per the principles laid down by the Hon’ble Supreme Court of India in the Dr. K.R. Lakshmanan, K. Satyanarayana & R.M.D. Chamarbaugwala judgments; and the decisions of the Hon’ble Madras High Court in the Singaram case and the Hon’ble Calcutta High Court in the Bimlendu De case holding Quiz based games as ‘games of skill’.
CASUAL GAMES: These games, hosted on Nostragamus, each reward certain skills such as practice, knowledge of the game, familiarity with rules, reflexes, hand-eye coordination. The success or/and performance of the users in these games depend predominantly upon their superior knowledge, training, attention, experience and adroitness in the playing these games.