Terms of Use

Last modified on _______April 2024

1. THE TERMS

The Fruit Dart gaming application including any related mobile sites, if any (hereinafter called the “Platform”), is owned and operated by Shopsense Retail Technologies Limited [CIN: U52100MH2012PLC236314] (“Company”, “we”, “us” or “our”), a company incorporated under the Companies Act, 1956, having its registered office at 1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B, Ajit Nagar, Kondivita, Andheri East, Mumbai 400093.

The Platform is an online social gaming platform providing different games to its users (“you”, “user”, “your”). These games are either created by the Company or independent developers who sell/license/assign their games to Company. 

The Platform helps in collaboration of social gaming in this new era. You may visit, access, or use the Platform and play various online games offered by us, read or peruse any text, graphics, video, sound, pictures, and any other materials appearing, sent, uploaded, communicated, transmitted or otherwise, are made available by us (collectively referred to as the “Service(s)”).

By downloading, using or accessing the Platform, you signify your agreement to be bound by these Terms and other policies or any other policies as may be updated on the Platform from time to time (collectively called as “Platform Policies”) along with any Fair Play Policy, Standard Operating Process(es) (SOP), Service Order(s) as may be executed and amended from time to time, which shall constitute your binding obligations and agreement, with us (hereinafter “Agreement”).

If you do not agree with any of the Terms, please do not use the Platform. If you have any questions about the Terms, please contact us at [email protected]. These Terms govern your use of the Platform and transaction or dealings thereon.

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures..

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms & conditions for access or usage of the Platform.

We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

GENERAL

1.10

Users state that they are of legal age (minimum 18 years of age) to access the Platform and the Services and do not reside in any of the States with Limitations (refer Clause 5 – User Eligibility Criteria).

2.1

To gain access to Service(s) of the Platform, it is necessary to download the game which can be downloaded or installed from the Google Play Store for Android phone users, as well as using the Apple Store for iPhone users.

DEFINITIONS

2.2

Upon downloading, users have the option to access the Platform either as a guest or through a third-party account. Opting for the latter entails utilizing the login credentials associated with an existing third-party service provider account, such as Google or Facebook, in which case users will also be subject to relevant third-party terms and conditions applicable to such third-party account and in such cases, an account for the platform may be created.

2.2

Upon downloading, users have the option to access the Platform either as a guest or through a third-party account. Opting for the latter entails utilizing the login credentials associated with an existing third-party service provider account, such as Google or Facebook, in which case users will also be subject to relevant third-party terms and conditions applicable to such third-party account and in such cases, an account for the platform may be created.

2.3

You agree and understand that the Platform is mere a facilitator in providing you to transfer legal currency to buy in-game items. We are not responsible to collect, store, gather, process etc any data that you provide while purchasing virtual items for the Platform.

MODIFICATIONS

3.1

Frolic is an online social gaming platform for User’s entertainment that allows the User to play different games and win prizes in the form of Winnings. We currently offer two (2) formats for the various games available on the Platform, i.e. “Free-to-Play” games and “Pay-to-Play” games.

User can win cash prizes in the form of Winnings by playing and challenging other Users in the “Pay-to-Play” games format in which the User can participate in the real money-based games that are offered by Frolic on the Platform.

3.2

Frolic has developed a variety of online skill-based games for its Users. These games have been either created by Frolic or independent developers who sell/license/assign their games to Frolic.

3.3

Frolic brings in a new vision that will help in collaboration of social gaming in this new era with content creators and gaming influencers who shall bring their creativity onto the Platform. You can search Your favorite personalities, posts, and games from the Services found in the social space provided by the Platform.

3.4

We may, from time to time, develop additional games, features and services, which shall be made available as part of the Services on the Platform. The Platform Policies will govern all aspects of such newly introduced games, features and services, which are made available to You on our Platform in the future. Further, We may increase, reduce or alter the number of games and the formats offered, features, other services, etc. through and on our Platform, at our sole discretion.

OUR SERVICE(S)

a.

“Activity” shall mean a User’s participation in the Games organized by Us and a User’s Access of other services on the Platform.

b.

“Affiliate” means any corporation, association, or other entity that directly or indirectly controls, is controlled by, or is under common control with either Party, respectively, either currently or during the validity of this Agreement. As used in this definition, the terms "Control" or "Controlled" mean the direct or indirect ownership/possession of more than 50% of the voting interests of the subject entity.

c.

“Applicable Law” means any law, statute, rule, regulation, order, circular, decree, directive, judgment, decision or other similar mandate of any applicable central, national, state or local governmental authority having competent jurisdiction over, or application to the Parties or subject matter in question.

VIRTUAL ITEMS AND CREDITS

5.1

You must be at least 18 years of age to access and use the Frolic Platform & You must be a resident of India, but shall not be a resident of any of the States with Limitations.

5.2

You are qualified to enter into any legal contract as per Section 11 of the Indian Contract Act, 1872.

5.3

While accessing the Platform and creating Your Frolic Account, You are using Your legal name, legally valid identity proofs, mobile phone number registered and operational Bank Account in Your own name;

5.4

You will provide only true, accurate, current, and complete information about Yourself on the Platform; and

5.5

You are neither depositing money that originates from committing crimes and / or illegal / unauthorized activities, in Your Frolic Wallet; nor using Your Frolic Account to conduct any criminal / illegal activities.

5.6

5.6 You will maintain and promptly update the information that You provide on the Platform to keep it true, accurate, current, and complete.

TERM AND TERMINATION

6.1

The Platform allows You to play Games and socially interact with other registered Users on the Platform. All games that are made available on the Platform are Games of Skill (the outcome of the game is primarily dependent upon Your skills and not luck or chance), therefore, it is legal to play these games in most states in India. (except outside India and in the States with Limitations as defined above in Clause 5.1).

6.2

You can play the Games offered on the Platform only via the Frolic mobile application, which can be downloaded or installed from the Google Play Store for Android phone Users, as well as using the APK Link available on the website at https://www.frolic.live/.

  • Our Pay-to-Play Game Services are not intended for or offered to any User who are resident in any of the States with Limitations including outside India. The States with Limitations in India are Andhra Pradesh, Kerala, Assam, Nagaland, Odisha, Telangana, and Sikkim. We have the right to control the access to Our Services at all times, in any State in India and outside India, and reserve the right to update the list of States with Limitations on the basis of change in Applicable Laws or an order of a court of competent jurisdiction. If You are located outside India or in any of the States with Limitations, please do not access the Platform. In case You do, You shall be solely responsible for any legal actions that may ensue from Your use of Our Services and agree to indemnify Us for any loss or claims arising from therein.
  • If You are below the age of 18 years, You shall not access and use Our Services. In case You do, You shall be solely responsible and shall indemnify Us for any legal actions that may ensue from such use of Our Services on the Platform. We reserve the right to request proof of age at any stage of Your access and use of Our Services to verify that Users below the age of 18 years are not using the Service. We may suspend the Frolic Account of a User if We suspect that such User is under-age and terminate the Frolic Account if they fail to provide Us with a valid proof of age.
  • 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.
  • Special Terms for Tamil Nadu: ▪ Users from Tamil Nadu are restricted from participating in any Contest relating to any game involving use of cards or dice. ▪ The restriction from use further applies to any games where the gameplay relies dominantly on random number generation. ▪ Users will be able to participate only in Contests which are eligible for Users based in Tamil Nadu, ▪ Any game-specific rules for Users based in Tamil Nadu, will be specified on the Platform. ▪ It is clarified that Ludo Boss and Frolic Saanp Seedi i.e. snakes & ladder games on the Platform do not involve the use of dice.

USER OBLIGATIONS 

7.1

To be able to access our Platform, You must first register yourself on the Platform by downloading the Frolic App on Your mobile. You shall be required to input Your mobile phone number, which will be verified by Frolic using a One Time Password (“OTP”). This measure has been taken to safeguard against fraud and misuse of any form at Frolic. All Your information is kept confidential and is processed as per our Privacy Policy.

7.2

Upon successful verification of the mobile phone number, an account will be created for You (“Frolic Account”). Your Frolic Account is for Your personal use only. You may not impersonate anyone else or log in into any other User’s Frolic Account, for any reason whatsoever..

7.3

Each time You log into the Frolic Account with Your registered mobile phone number and verify it using an OTP, You confirm the acceptance of these Terms and Platform Policies.

7.4

When You register with Us, You agree to receive promotional messages from Us, and our Affiliates, through SMS, Email, Call and Push Notifications, in relation to Contests, offers and other promotions. You can unsubscribe / opt-out from receiving such marketing / promotional communications,newsletters and other notifications from Us at any time by following the instructions set out in such communications.

7.4

When You register with Us, You agree to receive promotional messages from Us, and our Affiliates, through SMS, Email, Call and Push Notifications, in relation to Contests, offers and other promotions. You can unsubscribe / opt-out from receiving such marketing / promotional communications,newsletters and other notifications from Us at any time by following the instructions set out in such communications.

7.4

When You register with Us, You agree to receive promotional messages from Us, and our Affiliates, through SMS, Email, Call and Push Notifications, in relation to Contests, offers and other promotions. You can unsubscribe / opt-out from receiving such marketing / promotional communications,newsletters and other notifications from Us at any time by following the instructions set out in such communications.

7.4

When You register with Us, You agree to receive promotional messages from Us, and our Affiliates, through SMS, Email, Call and Push Notifications, in relation to Contests, offers and other promotions. You can unsubscribe / opt-out from receiving such marketing / promotional communications,newsletters and other notifications from Us at any time by following the instructions set out in such communications.

7.4

When You register with Us, You agree to receive promotional messages from Us, and our Affiliates, through SMS, Email, Call and Push Notifications, in relation to Contests, offers and other promotions. You can unsubscribe / opt-out from receiving such marketing / promotional communications,newsletters and other notifications from Us at any time by following the instructions set out in such communications.

7.4

When You register with Us, You agree to receive promotional messages from Us, and our Affiliates, through SMS, Email, Call and Push Notifications, in relation to Contests, offers and other promotions. You can unsubscribe / opt-out from receiving such marketing / promotional communications,newsletters and other notifications from Us at any time by following the instructions set out in such communications.

7.4

When You register with Us, You agree to receive promotional messages from Us, and our Affiliates, through SMS, Email, Call and Push Notifications, in relation to Contests, offers and other promotions. You can unsubscribe / opt-out from receiving such marketing / promotional communications,newsletters and other notifications from Us at any time by following the instructions set out in such communications.

7.4

When You register with Us, You agree to receive promotional messages from Us, and our Affiliates, through SMS, Email, Call and Push Notifications, in relation to Contests, offers and other promotions. You can unsubscribe / opt-out from receiving such marketing / promotional communications,newsletters and other notifications from Us at any time by following the instructions set out in such communications.

7.4

When You register with Us, You agree to receive promotional messages from Us, and our Affiliates, through SMS, Email, Call and Push Notifications, in relation to Contests, offers and other promotions. You can unsubscribe / opt-out from receiving such marketing / promotional communications,newsletters and other notifications from Us at any time by following the instructions set out in such communications.

7.4

When You register with Us, You agree to receive promotional messages from Us, and our Affiliates, through SMS, Email, Call and Push Notifications, in relation to Contests, offers and other promotions. You can unsubscribe / opt-out from receiving such marketing / promotional communications,newsletters and other notifications from Us at any time by following the instructions set out in such communications.

7.4

When You register with Us, You agree to receive promotional messages from Us, and our Affiliates, through SMS, Email, Call and Push Notifications, in relation to Contests, offers and other promotions. You can unsubscribe / opt-out from receiving such marketing / promotional communications,newsletters and other notifications from Us at any time by following the instructions set out in such communications.

DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS

8.1

When You register with Us on the Platform and create Your Frolic Account, You get to choose Your unique Username which shall be Your identity on the Platform (“Username”). Once Your chosen Username is confirmed by Us, (subject to availability and in compliance with these Terms), the same cannot be modified by You later.

8.2

Usernames chosen by You, must not be indecent, objectionable, offensive, or unlawful. Usernames that are found to violate the intellectual property of any entity, reveal personal information, or be suggestive of an advertisement or promotional activity, may be rejected by Us. If You are in violation of these stipulations, You will be given an opportunity to provide an alternate Username, failing which We reserve the right to either suspend Your Frolic Account or restore Your Frolic Account only after an acceptable Username has been provided by You.

8.3

8.3 Your Username will remain active on the Platform unless We terminate or suspend Your access to the Platform for a violation of the Platform Policies in accordance with these Terms, or where Youvoluntarily delete Your Frolic Account or where Your Frolic Account becomes inactive (as per Clause 19).

8.3

8.3 Your Username will remain active on the Platform unless We terminate or suspend Your access to the Platform for a violation of the Platform Policies in accordance with these Terms, or where Youvoluntarily delete Your Frolic Account or where Your Frolic Account becomes inactive (as per Clause 19).

8.5

8.3 Your Username will remain active on the Platform unless We terminate or suspend Your access to the Platform for a violation of the Platform Policies in accordance with these Terms, or where Youvoluntarily delete Your Frolic Account or where Your Frolic Account becomes inactive (as per Clause 19).

  • Our Pay-to-Play Game Services are not intended for or offered to any User who are resident in any of the States with Limitations including outside India. The States with Limitations in India are Andhra Pradesh, Kerala, Assam, Nagaland, Odisha, Telangana, and Sikkim. We have the right to control the access to Our Services at all times, in any State in India and outside India, and reserve the right to update the list of States with Limitations on the basis of change in Applicable Laws or an order of a court of competent jurisdiction. If You are located outside India or in any of the States with Limitations, please do not access the Platform. In case You do, You shall be solely responsible for any legal actions that may ensue from Your use of Our Services and agree to indemnify Us for any loss or claims arising from therein.
  • If You are below the age of 18 years, You shall not access and use Our Services. In case You do, You shall be solely responsible and shall indemnify Us for any legal actions that may ensue from such use of Our Services on the Platform. We reserve the right to request proof of age at any stage of Your access and use of Our Services to verify that Users below the age of 18 years are not using the Service. We may suspend the Frolic Account of a User if We suspect that such User is under-age and terminate the Frolic Account if they fail to provide Us with a valid proof of age.
  • 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.
  • Special Terms for Tamil Nadu: ▪ Users from Tamil Nadu are restricted from participating in any Contest relating to any game involving use of cards or dice. ▪ The restriction from use further applies to any games where the gameplay relies dominantly on random number generation. ▪ Users will be able to participate only in Contests which are eligible for Users based in Tamil Nadu, ▪ Any game-specific rules for Users based in Tamil Nadu, will be specified on the Platform. ▪ It is clarified that Ludo Boss and Frolic Saanp Seedi i.e. snakes & ladder games on the Platform do not involve the use of dice.
  • Special Terms for Tamil Nadu: ▪ Users from Tamil Nadu are restricted from participating in any Contest relating to any game involving use of cards or dice. ▪ The restriction from use further applies to any games where the gameplay relies dominantly on random number generation. ▪ Users will be able to participate only in Contests which are eligible for Users based in Tamil Nadu, ▪ Any game-specific rules for Users based in Tamil Nadu, will be specified on the Platform. ▪ It is clarified that Ludo Boss and Frolic Saanp Seedi i.e. snakes & ladder games on the Platform do not involve the use of dice.

8.3

8.3 Your Username will remain active on the Platform unless We terminate or suspend Your access to the Platform for a violation of the Platform Policies in accordance with these Terms, or where Youvoluntarily delete Your Frolic Account or where Your Frolic Account becomes inactive (as per Clause 19).

8.3

8.3 Your Username will remain active on the Platform unless We terminate or suspend Your access to the Platform for a violation of the Platform Policies in accordance with these Terms, or where Youvoluntarily delete Your Frolic Account or where Your Frolic Account becomes inactive (as per Clause 19).

AVAILABILITY & ACCESSIBILITY OF THE PLATFORM

9.1

Any User accessing the Platform and/or Our Services shall be bound by the Platform Policies, and all other rules, regulations and terms of use referred to herein or provided by Us in relation to Our Services. Frolic reserves the right to change these Terms from time to time, and such changes will be applicable to You if You continue to use the Platform at any time after such changes are posted on the Platform. The changes will be effective, from the time such changes are published on this page. We recommend that You visit this page periodically to be abreast with the most recent version of the Terms and Platform Policies.

9.2

By accepting these Terms, You also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by You. By accessing and using the Platform and/ or verifying Your contact number with Us; by accepting the Terms of Use; by accepting or receiving and not unsubscribing expressly on the consent availed by Us from You via SMS, Email-s, Voice calls, IVR (Interactive Voice Response) or any other modes and methods of communication You explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from Us and/or our authorized representatives regarding any new services or offerings.

9.3

You can unsubscribe / opt-out from receiving such marketing/ promotional communications, newsletters and other notifications from Us at any time by following the instructions set out in such communications.

9.4

You may create only one Frolic Account using one mobile number. For every Frolic Account, the KYC must be unique (refer Clause 13). If multiple Frolic accounts are detected for one User, We may take penal actions, including cancellation of all Winnings amount on linked Frolic accounts, and suspension of the linked Frolic accounts.

9.5

Frolic may, at its sole and absolute discretion:

9.6

In the event any User breaches, or We are led to reasonably believe that such User has breached the Terms and/or any Platform Policies, or has illegally or improperly used the Platform or the Services, then We may, at our sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to all or any part of the Platform, deactivate or delete the User's Froli Account and all related information on the account, delete any Content posted by the User on the Platform and further, take technical and legal steps as it may deem necessary.

9.7

Winnings and prizes, whether monetary or non-monetary, are unique to each User and are non-transferable. In the event You attempt to transfer any Winnings or prizes in violation of these Terms, or try to circumvent the Game Rules and Contest Rules in any manner, such Winnings and prizes that You win by using such means, will be forfeited by Us.

9.8

If You do not agree to these Terms, please do not use the Platform.

COPYRIGHTS IN CONTENT

10.1

By use of the Platform, You agree that You meet with the User Eligibility Criteria as detailed in Clause 5 and that You are fully able and competent to understand and accept these Terms as binding and final.

10.2

You shall not access the Platform through any other means other than through the interfaces that are provided by Us and/or our Affiliates.

10.3

You shall not acquire, copy, or monitor any portion of the Platform in any way, to reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any content, documents, or information through any means not specifically made available through the Platform.

10.4

You shall not use/access the Platform while You are located outside India or from the States with Limitations. Frolic strongly discourages manual alteration of Your location on Your mobile phone. You are therefore advised, in particular, to provide accurate information in relation to Your location, and not use means including virtual private networks, or other tools to circumvent any restrictions or mechanisms on the Platform.

10.5

You shall not falsify or delete any author attributions, legal or other notices, proprietary designations, labels of the origin or source code of the software, or other material on the Platform.

10.6

If You are not legally competent to individually enter into contractual obligations and monetary transactions through banking channels in India, You are prohibited from participating in the Pay-to-Play Games available in Our Services. In the event of such violation, Your participation in such Pay-to-Play Games will be deemed to be in breach of the Platform Policies and Your Frolic Account shall be suspended or terminated as per these Terms. You agree to indemnify for all loss and claims in relation to Your violation.

10.7

10.7 You shall not host, display, upload, modify, publish, or share any information on the Platform through Our Services including the Communication feature, made available to You through Our Services that:

10.8

The Communication Feature available for the User, may be immediately suspended, without any warning, where We are of the opinion that the User is indulging in any activity prohibited under this Clause or the Platform Policies. This may also lead to termination of the Frolic Account of such User.

10.9

You may report any abusive or malicious behaviour by any other User immediately to Us by following the complaints procedure provided in Clause 20 below.

INTELLECTUAL PROPERTY RIGHTS

11.1

Frolic offers only Games of Skills across the Platform in two formats i.e. “Free-to-Play” games and “Pay-to-Play” games. Frolic does not support, endorse or offer ‘Games of Chance’ for money to any of its Users on the Platform. Participation in Games of Skill competitions is legal in all states of India except States with Limitations. None of the games on the Platform, constitute or resemble, betting or gambling under the relevant Applicable Laws.

11.2

Frolic may organize Contests on the Platform, and to participate in such Contests, the Users need to be in compliance with these Terms, Platform Policies, rules and any additional criteria shared by Frolic on the Platform. The terms and conditions of this Clause govern the User’s participation in the Contests hosted by Frolic on its Platform. Each Contest may have its own set of rules (“Rules”) and in the event of any conflict between these Terms and the Rules of the relevant Contest, the Rules of the relevant Contest shall prevail. You are required to ensure that You have read and understood the Rules before playing them. The Rules form a part of the Platform Policies.

13.3

Currencies in Your Frolic Wallet may be used to participate in Pay-to-Play game Contests.

11.4

You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.

11.5

Subject to these Terms, all amounts collected as Prize Money Pool from Users are held, until determination of the Winners and distribution of prizes is done by Frolic.

11.6

The User may participate in a Pay-to-Play game Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. It is clarified that Frolic has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions. The amount to be paid-in by the User towards the Prize Money Pool would be debited from the User’s Currencies balance in the Frolic Wallet.

11.7

Each Contest has a pre-determined limit on the number of Users that can participate and a specified time before which User entries must be made. A Contest is deemed to be a valid Contest on the Platform, only if the minimum requisite number of Users register for the Contest before the prescribed entry time.

11.8

Contests shall be announced by Frolic from time to time, and Frolic reserves the right to extend the participation and time limit for registration, cancel any Contest, and modify any terms and Rules, all with due notice to the Users on the Platform.

CONFIDENTIALITY

12.1

In order to participate in a Pay-to-Play Contest, each User shall be required to pay an Entry Fee to the Platform which is deducted from the Currencies available in the Frolic Wallet of the User.

12.2

The User shall also have to pay a pre-determined amount as platform fee, which shall form part of the Entry Fee, to Frolic for availing the services offered on its Platform. (“Platform Fee”). The Platform Fee for all the Services are pre-determined but subject to change/vary at Frolic’s sole discretion. Frolic receives only its share of the Platform Fee, subject to applicability.

12.3

The User shall be solely responsible and liable for all charges that may be applied for the transfer of Winnings between the User’s Frolic Wallet and the Platform (“Transaction Fee”). For promotional purposes, Frolic may bear these Transaction Fee from time to time. However, such an event will not constitute a waiver of any subsequent Transaction Fee.

  • Our Pay-to-Play Game Services are not intended for or offered to any User who are resident in any of the States with Limitations including outside India. The States with Limitations in India are Andhra Pradesh, Kerala, Assam, Nagaland, Odisha, Telangana, and Sikkim. We have the right to control the access to Our Services at all times, in any State in India and outside India, and reserve the right to update the list of States with Limitations on the basis of change in Applicable Laws or an order of a court of competent jurisdiction. If You are located outside India or in any of the States with Limitations, please do not access the Platform. In case You do, You shall be solely responsible for any legal actions that may ensue from Your use of Our Services and agree to indemnify Us for any loss or claims arising from therein.
  • If You are below the age of 18 years, You shall not access and use Our Services. In case You do, You shall be solely responsible and shall indemnify Us for any legal actions that may ensue from such use of Our Services on the Platform. We reserve the right to request proof of age at any stage of Your access and use of Our Services to verify that Users below the age of 18 years are not using the Service. We may suspend the Frolic Account of a User if We suspect that such User is under-age and terminate the Frolic Account if they fail to provide Us with a valid proof of age.
  • If You are below the age of 18 years, You shall not access and use Our Services. In case You do, You shall be solely responsible and shall indemnify Us for any legal actions that may ensue from such use of Our Services on the Platform. We reserve the right to request proof of age at any stage of Your access and use of Our Services to verify that Users below the age of 18 years are not using the Service. We may suspend the Frolic Account of a User if We suspect that such User is under-age and terminate the Frolic Account if they fail to provide Us with a valid proof of age.
  • 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.
  • Special Terms for Tamil Nadu: ▪ Users from Tamil Nadu are restricted from participating in any Contest relating to any game involving use of cards or dice. ▪ The restriction from use further applies to any games where the gameplay relies dominantly on random number generation. ▪ Users will be able to participate only in Contests which are eligible for Users based in Tamil Nadu, ▪ Any game-specific rules for Users based in Tamil Nadu, will be specified on the Platform. ▪ It is clarified that Ludo Boss and Frolic Saanp Seedi i.e. snakes & ladder games on the Platform do not involve the use of dice.

12.4

All Pay-to-Play Games are subject to applicable taxes and levies. As a part of our legal obligations,with effect from 1st April, 2023, we will deduct Tax at Source (“TDS”) on Winnings in cash or kind, inyour Frolic Wallet, at the rate of 30% on each withdrawal requested by the User.

In the event, a User does not withdraw / partially withdraws any of its Winnings during a financial yearand has Winnings balance eligible for withdrawal as on 31 March of each year i.e. at the expiry of therelevant financial year, then TDS of 30% shall be deducted from the Winnings balance.

In case of any revisions/modification of the applicable statutes and regulations governing TDS and/oron receipt of additional clarity/guidance from the relevant authorities in terms of deduction ofapplicable taxes from Winnings, we reserve the right, at our sole discretion, to update the processand/or terms governing such deduction of TDS and you will be bound by our revised process and/orterms as applicable.

Frolic’s obligation in this regard, is limited to, deducting TDS as required by law and providing User, with an appropriate certificate of tax deduction. User will be required to furnish their PAN to complete their KYC process on the Platform. We reserve the right to verify your PAN, from time to time, and to cancel any Winnings should your PAN be found inconsistent in our KYC verification process. We shall have no liability or responsibility for your individual taxation matters.

12.5

In accordance with the latest amendment to the Goods and Services Tax (GST) regulations for the gaming industry, the following policy outlines the GST requirements and procedures to be followed by all gaming platforms, operators, and players. Please note that this policy applies to both games of skill and games of chance.

12.5.1

GST on Opening Balances as of September 30, 2023:

USER WARRANTIES AND RESTRICTIONS

13.1

In respect of any transactions entered into on the Platform, including making a payment to participate in the Pay-to-Play games, Users agree to be bound by the following payment terms:

13.1

In respect of any transactions entered into on the Platform, including making a payment to participate in the Pay-to-Play games, Users agree to be bound by the following payment terms:

13.1

In respect of any transactions entered into on the Platform, including making a payment to participate in the Pay-to-Play games, Users agree to be bound by the following payment terms:

13.1

In respect of any transactions entered into on the Platform, including making a payment to participate in the Pay-to-Play games, Users agree to be bound by the following payment terms:

13.1

In respect of any transactions entered into on the Platform, including making a payment to participate in the Pay-to-Play games, Users agree to be bound by the following payment terms:

  • The payment of Entry Fee amount that Users make to participate in the Contest(s) is inclusive of the Platform Fee for access to the Services charged by Us and pre-determined contribution towards Prize Money Pool.
  • subject to these Terms, all amounts collected from the User are held in a separate non-interest earning bank account.
  • From this bank account, payouts are made to (a) Users (towards their withdrawals), (b) Frolic (towards its Platform Fee) and to (c) Government (towards TDS on Winnings).
  • Company reserves the right to charge Platform Fee, which would be specified and notified by Company on the Contest page, being created on the Platform, prior to a User joining such Contest. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s Frolic Wallet balance.
  • User may participate in a Contest wherein the User has to pay an Entry Fee, that will be a part of the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest.
  • It is clarified that Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions.
  • It is clarified that Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions.
  • It is clarified that Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions.
  • It is clarified that Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions.
  • It is clarified that Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions.
  • It is clarified that Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions.
  • It is clarified that Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions.
  • It is clarified that Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions.
  • It is clarified that Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions.

13.1

In respect of any transactions entered into on the Platform, including making a payment to participate in the Pay-to-Play games, Users agree to be bound by the following payment terms:

  • The payment of Entry Fee amount that Users make to participate in the Contest(s) is inclusive of the Platform Fee for access to the Services charged by Us and pre-determined contribution towards Prize Money Pool.
  • subject to these Terms, all amounts collected from the User are held in a separate non-interest earning bank account.
  • From this bank account, payouts are made to (a) Users (towards their withdrawals), (b) Frolic (towards its Platform Fee) and to (c) Government (towards TDS on Winnings).
  • Company reserves the right to charge Platform Fee, which would be specified and notified by Company on the Contest page, being created on the Platform, prior to a User joining such Contest. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s Frolic Wallet balance.
  • User may participate in a Contest wherein the User has to pay an Entry Fee, that will be a part of the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest.
  • It is clarified that Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions.
  • It is clarified that Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions.
  • It is clarified that Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions.
  • It is clarified that Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions.
  • It is clarified that Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions.
  • It is clarified that Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions.
  • It is clarified that Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions.

THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES

14.1

We require Users to undergo compulsory online identity and document verification (“e-KYC”) before such User wishes to withdraw the Withdrawable Balance i.e. the Winnings from their Frolic Wallet.

14.2

We may request e-KYC from You in the following scenarios:

RESPONSIBLE GAMING 

15.1

Once You register with Us, We provide and maintain a Frolic Account for You to keep a record of all Your transactions with Us. Payments for Entry-fee or Prize Money Pool which are connected with participation in Pay-to-Play Games, have to be made by You through Your Frolic Wallet in which You shall maintain sufficient credit balance.

15.2

All transactions You make with Us shall be in Indian Rupees (Rs.).

15.3

The Deposits made by You in the Frolic Wallet are purely for the purpose of participation in the Pay-to-Play Games and do not carry or generate any interest or return.

  • The payment of Entry Fee amount that Users make to participate in the Contest(s) is inclusive of the Platform Fee for access to the Services charged by Us and pre-determined contribution towards Prize Money Pool.
  • subject to these Terms, all amounts collected from the User are held in a separate non-interest earning bank account.
  • From this bank account, payouts are made to (a) Users (towards their withdrawals), (b) Frolic (towards its Platform Fee) and to (c) Government (towards TDS on Winnings).
  • Company reserves the right to charge Platform Fee, which would be specified and notified by Company on the Contest page, being created on the Platform, prior to a User joining such Contest. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s Frolic Wallet balance.
  • User may participate in a Contest wherein the User has to pay an Entry Fee, that will be a part of the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest.
  • It is clarified that Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions.
  • It is clarified that Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions.

INDEMNIFICATION AND LIMITATION OF LIABILITY

16.1

Frolic shall not be liable for any claim, loss, injury, damages, expenses, or lost profits incurred by You or Winnings, accrued to You in connection with Your use of the Services on the Platform.

16.2

You agree that information is being supplied to You on the condition that You will make Your own determination as to the suitability of such information for Your purpose, prior to use or in connection with the making of any decision. No information on the Platform shall constitute an invitation to invest in Us or any Affiliates. Any use of this Platform or the information is at Your own risk. Neither We, nor our Affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, the Website, the information, or any third-party website linked to this Platform. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If You decide to access links of any third-party platforms, You are doing so entirely at Your own risk and expense.

16.3

Notwithstanding anything to the contrary in these Terms, in no event shall Frolic and its Affiliates, if any, be liable to the User or anyone claiming through the User in respect of any subject matter of these Terms or Contest(s) under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those:

BETA SERVICES

Any information You provide to Us at any time during the access and use of Our Services, whether at the stage of registration or any time thereafter is correct, complete, up-to-date, and accurate. We shall not be liable against any claim relating to the accuracy, completeness, and correctness of any information You provide Us. We may, at any time and at Our sole discretion, require You to verify the correctness, completeness, and accuracy of such information, and to that extent require You to produce additional documentary proof. Where You fail to provide Us with valid documentary proof, We reserve the right to limit Your access and use of Our Services. You shall personally perform all actions and activity in regards to the Frolic Account and all payments to the Frolic Wallet shall be made solely for the benefit of the User by the User themselves;

ANTI BRIBERY AND ANTI CORRUPTION POLICY

Reserve the right to change the accepted method of adding Deposits or withdrawing Winnings at its sole discretion;

ANTI MONEY LAUNDERING (AML)

We may place certain promoted or sponsored content on the Platform (directly or via links to other sites or resources) in conjunction with third parties. We make no warranties with respect to such content and neither do We endorse any information contained therein. We shall not be liable to You for such promoted or sponsored content, and Your interaction with such content or third-party resources shall be solely at Your own risk.

CUSTOMER CARE SUPPORT:

We reserve the right to suspend or terminate Your Frolic Account if We find that You are violating any of our Platform Policies, or breaching/attempting to breach the security of Our Services in any manner or have not used Your Frolic Account for at least 24 months. Your Frolic Account may be suspended immediately and any Currencies therein shall be frozen and held in the Frolic Account for a period of 6 (six) months. If the User fails to reactivate their account within the stipulated timeline by curing the breach incurred by them, the Currencies in their Account shall be deemed forfeited.

The User may, at their will, terminate or discontinue the usage of their Frolic Account or delete their Frolic Account by sending an email to Us at [email protected] (“Account Deletion Request”).

GRIEVANCE OFFICER

If any User does not receive Winnings inspite of being one of the winners in accordance with the Rules of the relevant Contest, or if a User’s request to withdraw such Winnings fails, then such User is required to write an email to [email protected] within 30 (thirty) days from the date on which such Winnings were due to be credited in the User’s Frolic Wallet. Failure to report the same within the stipulated timeline shall result in the User losing their claim and forfeiture of such Currencies.

f a User discovers a bug or any other error in the system, they must immediately log out from the Platform and write an email to [email protected]. The User shall not be entitled to any Winnings as a result of a bug or error in the Platform.

NODAL OFFICER

We and/or our Affiliates, as the case may be, exclusively owns all rights and intellectual property of any type throughout the world, including but not limited to patents, trademarks, domain names, trade names, service marks, copyrights, software, trade secrets, industrial designs, and know-how in the Services and underlying technology and documentation therein (“Frolic Intellectual Property”).

APPLICABLE LAW AND JURISDICTION

During the term of Your use of the Platform, You may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of Platform or access any other third-party website linked to the Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between You and the applicable third party. You agree that We have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between You and any such third party.

DISPUTE RESOLUTION

By publishing any content on the Platform (“User Content”), You grant to Us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by You on the Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and You waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the Platform.

FORCE MAJEURE

Frolic offers Games and other Services on the Platform for entertainment only and is committed to promoting fair play and responsible gaming.

WAIVER

These Terms shall be governed by the laws of India.

SEVERABILITY

If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.

MISCELLANEOUS

a.

Any Application Marketplace and its subsidiaries and group companies (collectively referred to as "App Marketplace") are not responsible for the Platform and its content. In addition, Your use of the Platform which is downloaded from such location, is limited to a non-transferable license to use the Platform and access its content. Moreover, We hereby inform You and You acknowledge and agree that such App Marketplace has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.

b.

The App Marketplace has no warranty obligation with respect to the Platform and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in these Terms and is the responsibility of the Company. PLEASE NOTE THAT THE COMPANY HAS DISCLAIMED ALL WARRANTIES HEREINABOVE IN CLAUSE 15 (DISCLAIMERS, INDEMNITY AND LIMITATION OF LIABILITY).