Terms and Conditions

Through the Griffy Platform, any person ("User") with a verified account can access and participate in the services provided via the Griffy Platform. The Griffy Platform enables Users to engage in activities such as in-app wallet transactions and basic voting on items available on the platform.

All references to “You/Your” relate to the User. All references to “We/Us/Our” relate to “Griffy”which denotes a collective reference to the Griffy mobile application and the Griffy website (hereinafter collectively referred to as “Platform”).

A User accessing the Griffy Platform shall be bound by these Terms and Conditions, and all other rules, regulations, and terms of use referred to herein or provided by Griffy concerning any services provided via the Griffy Platform ("Griffy Services").

User Account

You are required to register on Our Platform to create an account to access Our services (“Account”). At the time of creating Your Account and/or at any time during the utilization of Our services, You will be required to provide any and/or all of the following information and/or documents:

Your full name;
Your mobile number;
Your date of birth.
Any other valid identification
Bank Account information
UPI ID
Permanent Account Number (PAN)

We reserve the right to conduct KYC as may be required from time to time in the manner prescribed under such law.

Eligibility

To participate in any poll on Our Platform, you must meet the following eligibility criteria:
1. You must be above the age of 18 years.
2. You must be residing in India.
3. You must have a valid Indian mobile number to create an Account.

Please note that participation in polls is not permitted in the following states (“Restricted States”):
1. Andhra Pradesh;
2. Assam;
3. Nagaland;
4. Odisha;
5. Sikkim; and
6. Telangana

You agree that You are not from any of these Restricted States and You shall refrain from making any false disclosures, declarations, and/or representations to Us to circumvent the applicable laws and/or regulations of the territory of India (“Applicable Law”) of the Restricted States to participate in any polls

Payment Terms

The below terms govern all payment-related transactions made by You, and You agree to abide by them.

Payment Account :

By accessing and using Our Platform, You are provided with the following categories of accounts for processing and reconciling Your payments:

Deposit Account - This account holds any amount remitted by You through a designated payment gateway for availing Our Services; and
Winnings Account - This account holds your winnings in any Paid Contests.

Bonus Cash/Promotional Credits :

In order to conduct promotional activities and provide incentives, We may issue promotional credits to You which may be utilized for participating in any paid poll (“Bonus Cash”). You agree to the following:

You shall not be permitted to transfer or withdraw any amount of Bonus Cash offered to any other account including Your bank account
The utilization of any Bonus Cash shall be subject to certain terms which will be notified to You at the time of issuance of any Bonus Cash.
Bonus Cash shall be issued at our sole discretion and will not be demanded as a matter of right.
Upon termination of Your Account, all Bonus Cash shall be forfeited and You shall not have any right or interest on such Bonus Cash.
Any Bonus Cash issued to you may take up to 24 hours to reflect in their respective Bonus Cash account as defined below. You agree not to hold Us responsible or liable for any delay, including any loss of opportunity to join any poll due to delay in crediting the Bonus Cash.
In the event of any conflict between these Terms and the terms specific to the Bonus Cash, if any, the Bonus Cash terms shall prevail
Bonus Cash credited into the system will expire after 1 month automatically from the system. Users can use the Bonus Cash and win from it and convert it into withdrawable funds. Unused Bonus Cash will expire from the system after 1 month from the day it has been credited.

Withdrawals Processing :

You will be prompted to provide certain documents for verification to process your payments at the time of your first withdrawal.
The name mentioned on the identification document as provided by You at the time of withdrawal should correspond with the name provided by You at the time of Account creation.
We will process your withdrawal after verifying your bank account details and/or UPI ID (as applicable). Upon verification, we will debit the amount from your Winnings Account and transfer it online to your bank account at the earliest.
We may charge any processing fee for the online transfer of funds from your Winning Account to Your bank account.
We depend on banks and third parties to process transactions on Our Platform. Thus, we may take 24-48 hours to process any payments to Your bank account. You agree not to hold Us responsible or liable for any delay in processing any payments.
A transaction, once confirmed, is final, and no cancellation is permissible.

Taxes Payable :

From October 1, 2023, 28% GST is applicable on the amount deposited by You in Your Deposit Account. You can view the GST paid on each deposit made by You in the Deposit Account on the ‘Transaction history’ page on the Platform. The GST value listed on the invoice shall be the final GST amount charged to You.
All winnings shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961. With effect from 1st April 2023, TDS of 30% shall be deducted from Net Winnings (“NW”) on each withdrawal request placed by You.
For the purpose of calculating NW:
- calculation of NW for the first withdrawal during the Financial Year (“FY”):
- calculation of NW during the FY in each subsequent withdrawal from the Winning Account
- calculation of NW at the end of the FY
In the event that you do not withdraw any of Your winnings during a financial year and You have a Net Winning balance as of March 31 of each year, TDS of 30% shall be deducted on such Net Winnings balance from Your Winning Account as on March 31 as calculated above.
In case of any revisions by the Government of India to the aforementioned rate or the definition of Net Winnings in the future, TDS will be deducted by Us in accordance with the then-current prescribed TDS rate and the revised definition of Net Winnings. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable taxes, including but not limited to, income tax, gift tax, etc. in respect of the Net Winnings. We shall not in any manner be responsible for users' individual tax matters.

Refunds :

We will refund any amount left in your Deposit Account if your Account gets suspended or removed

due to Our failure to provide Services,
any instruction received from any government or regulatory authority

We will refund the Pre-Designated Amount paid by You in case any poll is abandoned in accordance with these Terms.
We shall deactivate Your Account pursuant to any direction issued by an appropriate government agency and/or competent authority. If We receive requisite instructions from such authority, We shall refund the deposited amount from Your Unutilised Account to the source account, subject to applicable processing fees
In the event Our Services are not available due to reasons outside Our control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Our control, such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, epidemic, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials or any cancellation of services available on Our Platform (each a “Force Majeure Event”), We reserve the right to cancel any poll and process refund of the Pre - Designated Amount.

Your Conduct

In using and accessing Our Platform, You agree to observe the following code of conduct:

Account Information

You are permitted to create only one Account on Our Platform. When creating Your Account with Us (or updating Your Account information), You agree that You will provide true, accurate, and updated information and documentation. You will not provide any false and/or incorrect information and documentation nor impersonate or attempt to impersonate and/or otherwise assume the identity of another person without due authority. You will not commit any such fraudulent act which amounts to forgery and/or involves the fabrication of documentation.
You agree that You shall promptly update your Account related details on Our Platform in the event of any change in such details and/or write to Our helpdesk in the event of any;

change in Your Account related details and/or;
any unauthorized use of Your Account to enable us to take remedial action.

Maintain Confidentiality

You will maintain the confidentiality of all information relating to Your Account, and
You will not share Your one-time password (“OTP”) with any other person;
You will not engage in any fraudulent conduct in logging into another user’s account by asking for their account-related information or taking their OTP.

Compliance with Applicable Law

You agree to comply with Applicable Laws.
You agree that You shall not commit any illegal act that disrupts Our systems.

Violation of Platform Terms

You shall not engage in any Fair Play Violation.
You shall not violate any of the Terms in using and accessing Our Platform and Services;
You shall not misuse any Bonus Cash and/or any other offers or promotions given by Us.
You agree that you shall use the Platform and Our Services solely in Your personal capacity, and You will not engage in malpractices or collude with other Users in deriving any benefit and/or running any business in connection with the use of Our Platform and/or Services.
You shall not be engaged in any form of insider trading, i.e. illegally sharing and seeking non-public information, knowledge of participating teams in any given polls, match, strategies, organizing boards, etc. which may give You an unfair competitive advantage. (“Insider Trading”)
You shall not tamper, modify, or otherwise deal with our data, content, software, technology, and/or Intellectual Property by any means.

Responsible Play

We're committed to fostering responsible gaming for all our users. You agree to participate in the polls responsibly by making informed decisions and playing within Your means. You are encouraged to seek help if needed.

Usage of Griffy Platform

The Griffy Platform, including any mobile-based applications, website, and web application, is provided by Camry Labs Private Limited.

Griffy shall be entitled to modify these Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Griffy in relation to any Griffy Services, at any time, by posting the same on Griffy. Use of Griffy constitutes the User's acceptance of such Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Griffy in relation to any Griffy Services, as may be amended from time to time. Griffy may, at its sole discretion, also notify the User of any change or modification in these Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Griffy, by way of sending an email to the User's registered email address, posting notifications in the User accounts, or by WhatsApp to the User's registered mobile number. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Griffy. If such options are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Griffy.

Certain Griffy Services being provided on Griffy may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail.

Griffy may, at its sole and absolute discretion:

Restrict, suspend, or terminate any User's access to all or any part of Griffy or Griffy Platform Services.
Change, suspend, or discontinue all or any part of the Griffy Platform Services.
Move or remove any content that is available on the Griffy Platform.
Deactivate or delete a User's account and all related information and files on the account.
Establish general practices and limits concerning the use of the Griffy Platform.
Offer discounts or rewards to its users in a form it deems fit ("Rewards").
Revise or make additions and/or deletions to the roster of questions, data, and information provided in relation to a particular voting item on the platform.
Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment, intimation of such assignment shall be sent to all Users to their registered email IDs). In the event any User breaches or Griffy reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used Griffy or the Griffy Services, Griffy may, at its 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 Griffy Platform, deactivate or delete the User's account and all related information on the account and further, take technical and legal steps as it deems necessary.

By accepting these Terms and Conditions, Users are providing their consent to receiving communications such as announcements, administrative messages, and advertisements from Griffy or any of its partners, licensors, or associates.

Our Rights and Obligations

Our Services

We may choose to :

Change, discontinue, or suspend all or any part of Our Service;
Suspend or terminate Your Account as directed by an appropriate government agency and/or competent authority.

Breach of Terms

In case of breach of these Terms or if We reasonably believe that You have breached these Terms, We may choose to :

Restrict, suspend, deactivate, or permanently delete Your account with Us (including all related information that You might have provided to Us)
Disqualify You from participating in a poll;
Refrain from awarding any prizes to You or forfeit Your winnings
Initiate appropriate civil/criminal proceedings as We may consider appropriate in addition to forfeiture and/or recovery of prize money.

Intellectual Property Rights

You agree that We (including Our partners, licensors, and/or associates) own all intellectual property rights in and to the software underlying the creation of Our Platform, including all material and content published by Us on Our Platform, which includes (but is not limited) to the following:

Our Polls
Our software/technology
Our advertisements
Our written/published content
Our images, graphics, photographs, illustrations
Our marks, logos, trade name
Audio and visual clippings used and published by Us
Flash animation (“Our Intellectual Property Rights/Our Content”)

You agree that in accessing Our Intellectual Property Rights, You shall not do the following without Our prior written consent:

Modify, distribute, publish, transmit, reproduce, or otherwise deal with Our Intellectual Property Rights; or
Create derivative works of Our Intellectual Property Rights or in any way exploit Our Intellectual Property Rights.

Privacy Policy

All Your personal information collected (including financial data) is subject to Our Privacy Policy which is available on Our website. You are encouraged to review this Privacy Policy to understand the data we collect and the purpose for which such data is collected.

Grievance Redressal Mechanism

In case you have any complaints or grievance pertaining to (i) any User Content that You believe violates these Terms including any infringement of Intellectual Property Rights, (ii) Your access to the Platform, please share the same with Us by writing to: support@griffy.app

On receiving such a complaint, grievance, or notice, the grievance officer may reach out to You to seek further clarification, or to verify Your complaint.

You agree that regardless of any statute or law to the contrary, any complaints or grievances arising out of or related to the use of Our Platform or these Terms should be filed within thirty (30) days of such claim to enable us to resolve Your complaint at the earliest.

Legality

Opinion Trading offered by Us on our platform is a game of skill and a legally and constitutionally protected business not amounting to betting, gambling, and wagering, as held by the Supreme Court of India and different High Courts of India in multiple judgments. These polls require You to use Your knowledge, judgment, and expertise to primarily determine Your success in such polls rather than relying on chance.

Limitation of Liability and Indemnification

By accessing Our Platform, You hereby agree to indemnify Us and/ or any of Our directors, employees, partners, affiliates, associates, and licensors (“Representatives”) against all liability, cost, loss, claims, or expense arising out of Your access to Our Platform, arising due to any negligence on Your part and/ or any illegal act on Our Platform and/ or non-compliance with these Terms.
Neither We nor Our partners, affiliates, licensors, or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of Your use of or inability to use Our Services, even if We have been advised of the possibility of such damages.
You, with this, waive each and every right You may have against Us and/ or Our Representatives for any injuries, accidents, or other events that may occur as a result of You accessing Our Platform, participating in polls, or receiving winnings. This waiver includes any known or unknown, anticipated or unanticipated events.

Governing Law and Dispute Resolution

The courts of Pune shall have exclusive jurisdiction to determine any and all disputes related to Our Services (“Dispute”) and grant interim relief in any Dispute referred to arbitration as given below. Any Dispute will be governed by the laws of the Republic of India.
If there is a legal Dispute, the party raising the Dispute must send a written notification (“Notification”) to the other party. The parties will then try to resolve the Dispute through amicable discussions. Suppose the dispute remains unresolved within thirty (30) days of receiving the Notification, in that case, the dispute will be settled through arbitration. We will appoint a sole arbitrator to conduct the arbitration proceedings in English as per the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat and venue of arbitration shall be Pune.
The arbitration award will be final and binding on the parties. Each party will pay for the costs of arbitration and equally share the arbitrator's fees unless the arbitral tribunal decides otherwise. The arbitrator can pass interim orders and awards, including orders for specific performance, and such orders would be enforceable in competent courts.
Nothing contained in these Terms shall restrict Us from seeking and obtaining interim or permanent equitable or injunctive relief or any other relief available to safeguard Our interest prior to, during, or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on Our part to pursue any remedy for monetary damages through the arbitration described herein.

Other Terms

These Terms govern Your use of Our Platform and Services and supersede any prior agreements that You may have with Us.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
In the event any of the provisions of these Terms are held to be invalid, illegal, or unenforceable by any competent authority for any reason, the remaining portions of these Terms, if capable of substantial performance, will remain in full force and effect.
You acknowledge that You may be subject to additional terms that govern your transactions on Our Platform. You agree that if there is any conflict between these terms and the additional terms, the additional terms will prevail.
We may assign our rights and liabilities in relation to the Services offered by Us to any entity as we may deem fit in the course of our business activity.

Disclaimers

We will not be liable for any delay or failure to render the Services resulting from any Force Majeure Event.
You may access Our Platform at Your own risk. We are not responsible or liable for any loss or damage (including injuries, death, or loss of property) that You or anyone else may suffer while accessing Our Platform.
You agree that Our Platform may contain third-party advertisements and links to websites/services owned and operated by Our affiliates and/ or third parties (“Third Party Content”). We do not endorse the Third Party Content or services of any third parties included on Our platform. We cannot guarantee the accuracy, reliability, or quality of such Third Party Content. Your reliance on Third Party Content is at Your own risk. Any claims that You have regarding Third-Party Content should be directed to the third party in question.
We do not provide any warranty for Our Content, which is provided on an "as is, as available basis”.
We are not responsible for any errors or inaccuracies in the information including statistics provided on Our Platform, as it is obtained from external sources or publicly available information.
We are not liable for any consequences arising from You sharing any confidential information including but not limited to OTP with any other person.