Terms & conditions
1. The Terms
1.1. These Terms and Conditions is a legally binding document and is an electronic record in the form of an electronic contract formed under Information Technology Act, 2000 and rules made thereunder. These Terms and Conditions must be read in conjunction with the Terms of Use of the App (hereinafter referred to as “Terms of Use”) and the Privacy Policy of the App (hereinafter referred to as “Privacy Policy”).These Terms of Service (the “Terms”) are a legal and binding agreement between users (“Users”) , in relation to all games and applications made available by Ludo king khelo(jointly and interchangeably referred to as the “Services”), and any information, text, graphics, video, sound, pictures, and any other materials appearing, sent, uploaded, communicated, transmitted or otherwise made available via the abovementioned Services (jointly referred to as the “Content”).
1.2. By accessing and/or using the Services, Users agree to be bound by these Terms and Ludo king kheloPrivacy Policy, as stated on paragraph 5.
1.3. Users state that they are of legal age (minimum 18 years of age) to access the Services and Content, or if legally possible, to access with their legal guardian consent, due authorization and agreement with these Terms.
1.4. IMPORTANT NOTICE:
2. The Services
2.1. LUDO KING KHELOgives Users in compliance with these Terms a personal, royalty-free, non-assignable, non-exclusive and revocable limited license to use the software that is provided as part of the Services. This license is for the sole purpose of enabling the own personal private use from Users to enjoy the Services as provided by DAYNIGHTKING LUDO, in the manner according with by these Terms. The Services may change or being modified from time to time without prior notice or communication. Furthermore Ludo king khelomay, at its own discretion, cease totally or partially, and/or permanently or temporarily the provision of the Services or Users accounts without prior notice or communication.
2.2. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by LUDO KING KHELOon the Services are subject to change. In consideration for LUDO KING KHELO granting you access to and use of the Services, you agree that DAYNIGHTKING LUDOand its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
2.3. When access games included in the Services, the specific rules, scoring, controls and guidelines for each game can be found within the game itself. Such rules are integral part of the Terms, which Users shall agree and comply.
2.4. Any charges related to Users for accessing the Services, including but not limited to internet connection and/or mobile or data charges are full responsibility of such Users.
3. Content
3.1. Subject to your compliance with these Terms, LUDO KING KHELOgrants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
The Content available through the Services has not been verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Services or any Content on the Services, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Services. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.
4. Users accounts
4.1. Users are responsible for safeguarding the password that use to access the Services. LUDO KING KHELOencourage Users to use strong passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with the accounts. LUDO KING KHELOcannot and will not be liable for any loss or damage arising from Users failure to comply with the above.
4.2. Users agree to take all steps necessary to protect log in details and keep them secret, and not give login details to anyone else or allow anyone else to use their login details or account, including log in details and account for any social network or platform that Users may allow the Services to interact with. LUDO KING KHELO shall not have any responsibility for the consequences of failure by Users to these provisions, and agree to fully compensate LUDO KING KHELOfor any losses or harm that may result. Furthermore, LUDO KING KHELO shall not be responsible for any loss that Users may suffer as a result of an unauthorized access to their accounts and/or use of the Services, and LUDO KING KHELOaccepts no responsibility for any losses or harm resulting from this unauthorized use, whether fraudulently or otherwise.
5. Contests, Deals, Levels and In App purchases
LUDO KING KHELOmay conduct promotions, including, without limitation, contests, consolation prizes, Level redemptions. LUDO KING KHELOis not involved in any way with the contest. Each promotion may have additional Terms and rules, which will be posted or otherwise made available to you, and for purposes of each Promotion, will be deemed incorporated into and form a part of this agreement.
5.1. Pricing of, Purchasing and Availability of Levels. LUDO KING KHELOrewards its users certain Levels as per the company’s discretion and a proprietary algorithm that factors in multiple variables viz. number of quizzes played, number of quizzes correctly answered, etc. LUDO KING KHELOLevels has no monetary value and does not constitute currency or property of any type. The number of Levels earned and shown in your Account does not constitute a real-world balance or reflect any stored value, but rather measures the extent of your limited license to use the Applications alongside exercising few options such as redemption of Levels for certain prizes, ability to participate in certain games upon reaching a minimum Level requirement. Daynightking Ludo´s Levels cannot be sold or transferred; however, it can be redeemed for certain special deals by maa nominal payment, if applicable, against those deals. Ludo king kheloreserves the right to withdraw the deal anytime during the tenure of the services without prior intimation. You acknowledge that you are not entitled to a refund for any unused Levels or unused Virtual Items when LUDO KING KHELO stops maan Application available, whether such action is taken at Daynightking Ludo´s discretion or due to unforeseen events.
5.2. The price payable by you is the price, if applicable, indicated in the Application itself. When you purchase a license to use our Services, or purchase a subscription to use an Application, you agree to pay taxes, levies and any other Statutory/Govt. dues by whatever name called, where applicable, that we or our agent assesses on your purchase. We reserve the right to change the price and specifications shown in relation to any Application, any subscription, Levels, deals and Items etc. We do not offer any returns or cancellations of purchases unless the user satisfies any minimum performance criteria that’s decided by LUDO KING KHELOand mentioned on the App.
5.3. As for any competition or deal that’s placed in the Application, Ludo king kheloreserves complete rights for the following –
Ludo king kheloholds no liabilities against any form of aberration w.r.t. quality of the product, logistics & handling procedures, any other unforeseen cost or unfavorable constraint that surfaces during the process of user claiming its prizes.
5.4. Usage of Daynightking Ludo
5.5. Third Party Sites, Services and Products
6. Privacy Policy
6.1. Any information that Users provide to Ludo king khelois subject to the Privacy Policy, which governs the collection and use of the information. Users understand that through their use of the Services, they consent to the collection, use, and transfer of such information, as set forth in the Privacy Policy, which forms an integral part of these Terms.
6.2. Ludo king khelowill only collect, process, use and share Users information in accordance with the Privacy Policy and as set out in these Terms. By using the Services, Users give their consent to collecting, processing, using and sharing with third parties their personal data in such way. Users who do not agree to Privacy Policy should not access and/or use the Services. Any personal information that may be collected may also be subject to the policy of any social network that Users may linked the Services to.
6.3. Users acknowledge and accept that they are subject to receive occasional communications, such as service announcements and administrative messages.
7. Intellectual Property
7.1. Users acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Services, is owned by or licensed to Daynightking Ludo. By submitting Content on or through the Services, Users grant Ludo king kheloa worldwide, non-exclusive, royalty-free license -with the right to sublicense- to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute and make derivative works of such Content in any and all media or distribution methods now known or later developed.
7.2. Users must not copy, distribute, make available to the public or create any derivative work from any Content belonging to Ludo king kheloand/or any other User. Ludo king khelorespects the intellectual property rights of others and expects Users to do the same. If Users or any third party believe that their Content has been copied in a way that constitutes copyright infringement, they shall provide Ludo king khelowith the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the location of the material; (iv) contact information, including address, telephone number, and an email address; (v) a statement that such User or third party have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that such User or third party is authorized to act on behalf of the copyright owner.
7.3. Ludo king kheloreserves the right to remove Content alleged to be infringing without prior notice, at its sole discretion, and without any liability.
8. Breach
8.1. Ludo king kheloreserves the right at all times to remove or refuse to include, distribute and/or display any Content on the Services, to suspend or terminate Users, and to reclaim usernames and/or any channel name without any liability. Ludo king kheloalso reserves the right to access, read, preserve, and disclose any information as it reasonably believed is necessary to satisfy any applicable law, regulation, legal process or governmental request, enforce the Terms, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, or to protect its rights, property or safety, its Users and third parties.
8.2. Users shall not do any of the following while accessing or using the Services: access, tamper with, or use non-public areas of the Services, Daynightking Ludo’s computer systems, or the technical delivery systems of Daynightking Ludo’s providers; probe, scan, crack, track and/or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures; access or search or attempt to access or search the Services by any means (automated or otherwise) other than through the currently available, published interfaces provided and only pursuant to these Terms, forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. Users shall provide accurate and up to date information when creating their accounts and/or using the Services. Accounts are limited at one per User. The sell or transfer of any account or part of it, Content, items and/or any part of the Services is strictly prohibited.
8.3. Ludo king kheloreserves the right to suspend or terminate any access to the Services, including by terminating or deleting any accounts and any Content related without any notice or communication, if there is a reasonably belief that such User is in breach of these Terms. In the event of any breach, Users who caused shall compensate Ludo king khelofor all losses, harm, claims and expenses that may arise.
9. Disclaimers
9.1. All right, title, and interest in and to the Services, according to the provisions set on these Terms, are and will remain the exclusive property of Ludo king kheloand its licensors. Services are protected by copyright, trademark, and other laws. Nothing in the Terms gives Users any right to use the Ludo king kheloname or any of the Ludo king khelotrademarks, logos, domain names, properties and other distinctive brand features.
9.2. These Terms will continue to apply until terminated by either Users or Ludo king kheloas follows: (i) Users may end this legal agreement with Ludo king kheloat any time for any reason, by discontinuing the use of the Services and contacting help@KingStarludo.in to delete their account, provided that they will still be responsible for all the conditions set in this Term for the time they used the Services. Accounts may be deactivated and/or deleted due to prolonged inactivity; (ii) Ludo king khelomay suspend or terminate Users accounts or cease providing with all or part of the Services at any time for any reason, including, but not limited to, if there is a reasonably belief that such Users have violated these Terms or created a risk or possible legal exposure; or if at its own discretion the provision of the Services is no longer commercially and or technically viable.
9.3. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
9.4. The access to and use of the Services or any Content are at Users’ own risk. Users understand and agree that the Services are provided on an "as is" and "as available" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Ludo king khelodisclaims all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose or non-infringement.
9.5. Ludo king khelomakes no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to Users’ computer system or mobile device operating system, loss of data, or other harm that results from access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet Users requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Ludo king kheloor through the Services, will create any warranty not expressly made herein.
9.6. The Services may contain links to third-party websites or resources. Users acknowledge and agree that Ludo king khelois not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Ludo king kheloof such websites or resources or the content, products, or services available from such websites or resources. Users acknowledge sole responsibility for and assume all risk arising from its use of any such websites or resources.
9.7. To the maximum extent permitted by applicable law, Ludo king kheloshall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly or any loss of data, use, good-will, or other intangible losses, resulting from (i) the access to, use of, or inability to access to or use the services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other Users or third parties; (iii) any Content obtained from the Services; or (iv) unauthorized access, use or alteration of Content; or (v) any natural calamities.
9.8. In no event shall the aggregate liability of Ludo king kheloexceed the total amount that such User has paid to Ludo king kheloin the six-month period ending on the date of the claim, to a maximum of One Thousand Indian Rupees (INR 1000). The limitations shall apply to any theory of liability whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not Ludo king khelohas been informed the possibility of any such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
9.9. The failure of Ludo king kheloto enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
9.10. These terms shall be governed by and construed in accordance with the laws of Nagaland Government as well as Republic of India. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the relevant courts located in the city of Delhi/New Delhi – INDIA. Users consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
9.11. Ludo king khelois a skill-based Gaming Platform i.e... skill game which is clearly defined in the recently passed by an Act of Government of Nagaland under The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, 2015 (Act No.3 of 2016) and The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Rules, 2016 in which Skill Game and allow to run/operate of this type of skill games.
As per Section 2(3) of The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, the definition of “Games of Skill” is reproduced as under,
“Games of Skill” shall include all such games where there is preponderance of skill over chance, including where the skill relates to strategizing the manner of placing wagers or placing bets or where the skill lies in team selection or selection of virtual stocks based on analyses or where skill relates to the manner in which the moves are made, whether through deployment of physical or mental skill or acumen”.
Explanation: For the purpose of this Act-
Supreme Court of India in the case of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) wherein the word Games of Skill has clearly been stated which is reproduced as under,
“A game of skill, on the other hand- although the element of chance necessarily cannot be eliminated is one in which success depends principally upon the superior knowledge, training attention, experience and adroitness of the player. Golf, chess and even Rummy are considered to be games of skill. The Courts have reasoned that there are few games, if any, which consists purely of chance or skill, and as such games of chance is one in which the element of chance predominates over the element of skill, and a game of skill is one in which the element of skill predominates over the element of chance. It is dominant element – “skill” or “chance” – which determines the character of the game”.
9.12. Ludo king kheloSkill Games, for stakes may be run all over India except the States of Assam, Odisha, Nagaland, Sikkim, Meghalaya, Andhra Pradesh, AND Telangana and/or any other State which has banned/prohibited or to be prohibited to run/operate of Ludo king kheloSkill Games. Ludo king kheloSkill Games, being played for free without the involvement of money/ or any equivalent stakes may be run all over India. In spite of this, if any User run and/or operate the Ludo king kheloSkill Games, he will be solely responsible for the same.
9.13. Daynightking Ludo's skill-based games are not Gambling, Gaming and Lotteries.
9.14. These Terms, which include the Privacy Policy, are the entire and exclusive agreement between Ludo king kheloand Users regarding the Services, excluding any services for which Users may have a separate agreement explicitly in addition or in place of these Terms, and these Terms supersede and replace any prior agreements between Ludo king kheloand Users regarding the Services.
9.15. Ludo king khelomay revise these Terms from time to time, the most current version will always be on the mobile application. Ludo king kheloreserves the right, but not the obligation, in its sole discretion, to notify any modification via e-mail to the email associated with Users account. However, by merely continuing to access or use the Services after those revisions become effective, Users agree to be bound by the revised Terms. These Terms were last updated on 6th April, 2021.
10. Tax & TDS Policy
10.1. Any tax/levies/duty etc., as applicable, shall be paid by the user of the game of Ludo king kheloGames.
10.2. There is no TDS deducted as the winning amounts are up to or less than Rs.10,000/- on Ludo king kheloGames/Quiz.
10.3. TDS is deducted on winning amounts above Rs.10,000/- on Ludo king kheloGames/Quiz before releasing the winnings prize/product/amount and/or in whatever name called.
10.4. Based on TDS (tax deducted at source) Rules for any sort of game winning in India, 30% TDS should be deducted on any wining above Rs.10,000/- in a single game.
10.5 The real money added by you on the Ludo king kheloPlatform will be applied towards the rights provided to you, by the Company, to play any game/s. Such amount will be completely non- refundable and non-transferrable and can only and only be utilized towards the playing of games on Ludo king kheloPlatform. The terms & conditions of each game would be displayed, along with the fixed/ variable winnings amount which you may win on participation and successful completion of the terms of the game. Such amounts will be decided by the Company for each game separately. You would be eligible to withdraw only to the extent of your winnings (before that expires) and after submission of relevant documentation to the Company.
10.6. The person responsible for paying shall, before releasing the winnings, collect the TDS amount from the winner.
10.7. Your prize can only be redeemable after TDS deduction , if winning product is above 10,000/- . TDS amount is to be paid to Ludo king kheloGames as provided by Section 194B read with Section 115BB of the Income Tax Act, 1961.
10.8. The User will have to provide his valid PAN card copy so that Ludo king kheloGames can file TDS deducted accordingly.
10.9. TDS has to be paid within 24 hours. Kindly give us time period of 15 wordays to deliver your prize.
10.10. To claim your winning product, if TDS as applicable by govt. (as per Section 194B read with Section 115BB of the Income Tax Act, 1961) on your winning, winner gets 24 hrs time to pay TDS from the time of winning to claim their prize. If user fails to pay TDS within 24 hrs his/her winning will be considered as expired.
10.11. Ludo king kheloin the interests of clarity, performs an independent closing balance confirmation at the end of every year from its external wallet service providers (RazorPay, PayTM, Cash Free, etc.). In the event that there exists discrepancy between the accounts of the external wallet service providers and Daynightking Ludo, in its sole discretion and authority, shall perform reasonable due diligence to ascertain the liability for the differences in the accounts.
11. Questions Integrity
11.1. Ludo king kheloattempts to keep the database of questions up to date and check that answers registered in the system as the "right" answers are correct. However, if there are questions that have answers that are incorrect according to some sources, then Ludo king khelodoes not hold any responsibility for the outcome of the Challenge.
11.2. User Conduct
11.3. Conditions of Participation
By entering a Contest, user agrees to be bound by these Terms and the decisions of Daynightking Ludo. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users which includes, but is not limited to:
It is clarified that in case a User is found to be in violation of this policy, Ludo king kheloreserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
12. Payment Terms
12.1. Release and Limitations of Liability
12.2. Standard Terms and Conditions of Promotions
These standard terms and conditions of promotions (“Standard Terms”) supplement the terms of promotions undertaken on the Ludo king khelowebsite and which reference these Standard Terms (each a “Promotion”):
12.3. Standard Terms and Conditions of "Cashback Promotion"
This “Cashback Promotion” (“Promotion”), is open for participation to existing users of Daynightking Ludo
12.4. Standard Terms and Conditions of "Invite Friends" program
The Ludo king kheloInvite Friends Program lets you invite friends to join Ludo king khelo("Program"). In the event that you and your referred friend meet the criteria and complete all the steps specified in these terms, you and your friend can earn a Cash Bonus from Ludo king kheloof upto Rs. 100 ("Bonus Amount"), which Bonus Amount will be redeemable to join cash contests and contests through the Daynightking Ludo’s mobile application for the iOS and/or Android mobile devices ("Ludo king kheloApplication"). To participate in the Program, please note our terms and conditions ("Terms") in this respect, as they govern your participation in the Program: