1) Offer & Winning Terms & Conditions

a) The offer is valid for 7 days after the winner is declared.

b) The winner should visit the store in person to avail the offer or prize.

c) The winner should share the reference code with the store to claim the offer or prize.

d) The winner will be announced through a lucky draw.

2)Terms and Conditions

These terms apply to your download, access and/or use of ComeOnDa game, whether on your computer, on a mobile device, on our website www.comeonda.com (the “Website”) or any other website, device or platform (each a “Game” and together the “Games”). These terms also apply to any other services that we may provide in relation to the Games or the Website, such as customer support, social media, community channels and other websites that we may operate from time to time (we refer to all our Games and other services collectively as the “Services” in these terms). These terms are a legal agreement and contain important information about your rights and obligations in relation to our Services. If you do not agree to these terms or any future updated version of them then you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future update to these terms requires any action from you in order to accept the updated terms, then you may not be able to continue to use the Services until you have taken such action. These terms represent a legal agreement between you (End-User) and ComeOnDa, a product of Xminds Infotech Pvt Ltd, located and registered at T8, 7th Floor, Thejaswini, Technopark, Trivandrum, Kerala – India 695581, for use only under the terms of this agreement. By downloading the Application from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), and any update thereto (as permitted by this Agreement), You indicate that you agree to be bound by all of the terms and conditions of this Agreement, and that you accept this Agreement. This Agreement may not provide for usage rules for the Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service (“Usage Rules”). ComeOnDa acknowledges that it had the opportunity to review the Usage Rules and this Agreement is not conflicting with them. ComeOnDa when purchased or downloaded through the App Store and Play Store to you for use only under the terms of this Agreement. ComeOnDa reserves all rights not expressly granted to You. ComeOnDa is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS”) or Google’s operating system (“Android”).

TABLE OF CONTENTS

1. THE APPLICATION

2. SCOPE OF

3. TECHNICAL REQUIREMENTS

4. ACCOUNTS

5. USE OF DATA

6. USER-GENERATED CONTRIBUTIONS

7. CONTRIBUTION

8. LIABILITY

9. USING OR PLAYING OUR APPLICATION WITH OTHER USERS

10. CHAT

11. BREACH OF TERMS

12. LEGAL COMPLIANCE

13. CONTACT INFORMATION

14. INTELLECTUAL PROPERTY RIGHTS

15. APPLICABLE LAW

16. MISCELLANEOUS

1. THE APPLICATION
ComeOnDa is a piece of software created for Creative gaming and betting – and customized for iOS and Android mobile devices (“Devices”). It is used for peer-to-peer social prediction among friends and family. The app connects the users to small retail businesses thereby allowing the business owners to promote their business/ store with a wide outreach. Furthermore, it is used to offers and discounts.

2. SCOPE
For use of our Services (including our chat feature), you agree that you are at least 18 years old and that if you are below 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services. You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.

2.1 You are given a non-transferable, non-exclusive, non-sublicensable to install and use the Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This will also govern any updates of the Application provided by ComeOnDa that replace, repair, and/or supplement the first Application, unless a separate info is provided for such update, in which case the terms of that new agreement will govern.

2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Usage Rules, and with ComeOnDa’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with ComeOnDa’s prior written consent).

2.5 You may not copy or alter the Application or portions thereof. You may create and store copies only on devices that you own or control for backup keeping under the terms of this agreement, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Application from the Devices before doing so.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 ComeOnDa reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this agreement should be interpreted to restrict third-party terms. When using the Application, you must ensure that you comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 ComeOnDa attempts to keep the Application updated so that it complies with modified/new versions of the operating system and new hardware. You are not granted rights to claim such an update.

3.2 You acknowledge that it is your responsibility to confirm and determine that the app end-user device on which you intend to use the Application satisfies the technical specifications mentioned above.

3.3 ComeOnDa reserves the right to modify the technical specifications as it sees appropriate at any time.

4. ACCOUNTS

4.1 When using our Services, you may choose to, and in some instances, you will be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret.

4.2 You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.

4.3 In these terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our Services to interact with.

4.4 We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.

4.5 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.

4.6 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such an event, you may no longer be able to access and/or use any Virtual Coins associated with that account and no refund will be offered to you in relation to the same.

4.7 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games and any Virtual coins or rewards associated with your account).

4.8 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.

4.9 Your account is personal to you and you are not entitled to transfer your account to any other person.

4.10 We reserve the right to make changes to the offers and rewards anytime without prior intimation.

5. USE OF DATA
You acknowledge that ComeOnDa will be able to access and adjust your downloaded Application content and your personal information, and that ComeOnDa’s use of such material and information is subject to your legal agreements with ComeOnDa and ComeOnDa’s privacy policy, which can be found in the Application. You acknowledge that ComeOnDa may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Application. ComeOnDa may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

6. USER-GENERATED CONTRIBUTIONS

The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your contributions in any manner contemplated by the Application and this Agreement.

3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your contributions in any manner contemplated by the Application and this Agreement.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not violate any applicable law concerning pornography, or otherwise intended to protect the health or well-being of minors.

12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this Agreement, or any applicable law or regulation. Any use of the Application in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Application.

7. CONTRIBUTION
By posting your contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize subs of the foregoing. The use and distribution may occur in any media formats and through any media channels. This will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your contributions, and you warrant that moral rights have not otherwise been asserted in your contributions. We do not assert any ownership over your contributions. You retain full ownership of all of your contributions and any intellectual property rights or other proprietary rights associated with your contributions. We are not liable for any statements or representations in your contributions provided by you in any area in the Application. You are solely responsible for your contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions. We have the right, in our sole and absolute discretion,

(1) to edit, redact, or otherwise change any Contributions;

(2) to recategorize any Contributions to place them in more appropriate locations in the Application; and

(3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.

8. LIABILITY
ComeOnDa takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, you are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, you will not have access to the Application.

9. USING OR PLAYING OUR APPLICATION WITH OTHER USERS

9.1 Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:

9.1.1 choose to play against another user or to play socially with another user, or

9.1.2 play against, or play socially with, one of your contacts on a platform or social network which you have allowed our application to interact with. Our application may also allow you to search for your friends in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.

9.1.3 By accessing and/or playing our application you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our games or within our marketing. You also understand and agree that other users may find you by searching for you.

10. CHAT

10.1 ComeOnDA includes functionality that may allow you to participate in text and/or chat with other users. You may be able to:

10.1.1 participate in text chat with other players, send messages to ComeOnDa services or publicly on our forums;

10.1.2 participate in chat with your contacts on a platform or social network which you have allowed our application to interact with; and

10.1.3 invite your personal contacts to join a chat with you using functionality in the application (which may, for example, use third party messaging functionality available on your mobile device such as SMS, WhatsApp, email or other communication Apps). You must only invite people that have consented to receive such an invitation from you and who do not consider such messages unwanted or unsolicited.

11. BREACH OF TERMS

11.1 Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: – delete, suspend and/or modify your account or parts of your account; – otherwise suspend and/or terminate your access to our Services; – modify and/or remove any Virtual Coin or Reward that may be associated with your account; – reset and/or modify any progression or benefits and privileges associated with your account, such as any level or score you have reached in our application.

11.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.

12. LEGAL COMPLIANCE
You represent and warrant that you are not located in a country that is subject to Indian Government embargo, or that has been designated by the Indian Government as a “terrorist supporting” country; and that you are not listed on any Indian Government list of prohibited or restricted parties.

13. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Application, please contact: help@ComeOnDa.com .

14. INTELLECTUAL PROPERTY RIGHTS
ComeOnDa and the End-User acknowledge that in the event of any third-party claim that the d Application or the End-User’s possession and use of that d Application infringes on the third party’s intellectual property rights, ComeOnDa, and not the Services, will be solely responsible for the investigation, defence, property rights, ComeOnDa, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge or any such intellectual property infringement claims.

15. APPLICABLE LAW
This Agreement is governed by the laws of India excluding its conflicts of law rules.

16. MISCELLANEOUS

16.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

16.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing. If you have any questions about these terms or our Services you may contact us by email at help@ComeOnDa.com

These terms were last updated on 17.08.2022