Terms & Conditions
Hello and welcome to the Terms of Use (“Terms”) of Ramailo Games (www.ramailogames.com) a product of Red Tail Fox, a private limited company incorporated under the Companies Act, 2020 with its registered office at Computer Bazar-5th Floor, Putalisadak, Dillibazar-31, Kathmandu (hereby referred as “Ramailo Games”, “We”, ”Us”, or “Our”). Ramailo Games aggregate and develop HTML5 games for websites and mobile browsers. These games are either created by Ramailo Games or independent developers who sell/license their HTML5 games to Ramailo Games.
By accessing or using the Platform, you agree to be bound by our Terms. Your agreement with us includes the Terms, the Privacy Policy and the Cookie Policy available on our website (collectively referred as “Agreement”).
YOU DO NOT AGREE WITH THESE TERMS, THEN PLEASE REFRAIN FROM USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU IRREVOCABLY ACCEPT THE AGREEMENT AND AGREE TO ABIDE BY THE SAME (AS UPDATED FROM TIME TO TIME).
1. DEFINITIONS
1.1. “Tournament” is an event in which Users compete to score the highest points in the Games hosted by Ramailo Games on their Platform. The tournament can be either ‘Premium’ or ‘Free’. Paid Tournaments will require the User to pay a subscription fee to participate. Free-to-play Tournaments do not require the Users to pay a subscription fee to participate.
1.2. “User” is a User (defined below) who meets the User Eligibility Criteria as detailed in Clause 3 and creates a User Account.
1.3. “Currencies” means the Deposits and Winnings collectively.
1.4. “Deposits” is the amount added by the User to his/her Account on the Platform through his/her mobile balance/eSewa balance. The Deposit conversion ratio is Rs. 1/- (Rupees One Only) = 1 (one) Deposit. Ramailo Games may at its sole discretion, on performance of identified tasks and activities on the Platform, provide Users Deposits in the form of rewards. Deposits are disallowed on Websites if Websites open within a third-party application downloaded from Google Play Store.
1.5. “Games” shall mean the HTML5 games that are licensed/ bought/owned/developed by Ramailo Games and made available to Users on the Platform.
1.6. “Personal Information” means any information that relates to a person, which either directly or indirectly, is capable of identifying an individual.
1.7. “Platform” means the websites available at https://www.ramailogames.com/ and any subdomains (“Websites”) and all Ramailo Games mobile applications (“Applications”).
1.8. “Token” is a prize that may be given to a User at Ramailo Games’s sole discretion. It entitles the User for a discount while participating in a Tournament. The representative value of Reward is only notional, merely for the purpose of computing discounts.
1.9. “Winnings” is a prize, subject to the Rules (defined below) of the relevant tournament, given to a User for being one of the top scorers in a particular Tournament.
2. PARTIES TO THE AGREEMENT
These Terms describe a contractual agreement between the User of the Platform and Ramailo Games regarding the User’s use of the Platform. Ramailo Games has the right to refuse access in its sole discretion for any or no reason. Without limiting the foregoing, the User specifically acknowledges that Ramailo Games reserves the right to terminate or limit the User’s access to the Platform if Ramailo Games determines, in its sole discretion, that the User has violated the Agreement, Rules, or any other guideline by Ramailo Games, as updated from time to time, including any activities that adversely affect the experience of other Users.
3. USER ELIGIBILITY CRITERIA
3.1 You must be at least 18 years of age or above to participate in any Games and Tournament;
3.2 You must be an individual, legal resident of Nepal;
3.3 You should have a valid billing address within the territory of Nepal;
3.4 You need to have a registered account to Ncell, IME pay , eSewa which are linked to your Account (defined below);
3.5 You are not restricted by limited space capacity in your device;
3.6 You are not a compulsive player;
3.7 You are not depositing money originating from crime and/or illegal/unauthorized activities into Your Account (defined below); and
3.8 You are not using Your Account to conduct any criminal/illegal activities.
Ramailo Games employees and their immediate family members (spouses, domestic partners, parents, grandparents, siblings, children, and grandchildren) are not eligible to participate in Tournaments.
If You do not meet any or all of these criteria, please DO NOT use the Ramailo Games Platform.
4. GENERAL DISCLAIMERS
4.1. By use of the Platform, You agree that You meet with the Eligibility Criteria as detailed in Clause 3 and that You are fully able and competent to understand and accept this Agreement as a binding contract and to abide by these Terms.
4.2. You shall not access the Platform by any other means other than through the interfaces that are provided by Ramailo Games.
4.3. 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 materials, documents, or information through any means not specifically made available through the Platform.
4.4. You shall not falsify or delete any author attributions, legal or other notices, proprietary designations, labels of the origin or source of software, or other material on the Platform.
4.5. You shall not host, display, upload, modify, publish, or share any information on the Platform that:
4.5.1 belongs to another person to which You do not have any right to; or
4.5.2 is harmful, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, racially objectionable, disparaging, relating to encouraging money laundering or gambling or otherwise unlawful in any manner; or
4.5.3 Engages in any activity that interferes with or disrupts access to the Platform or Ramailo Games servers/networks.
4.6. Ramailo Games shall not be liable for any misuse of the Personal Information shared by You with Us; or through Your profile; or with a third party on the Platform, chat rooms, forums, or comments.
4.7. Ramailo Games 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. Where We believe that any changes are material, We will notify You through either an in-app notification, or SMS, or push notifications, or email. Regardless of whether You receive such notice, 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 sure You are aware of the most recent Terms.
4.8. You expressly authorize Ramailo Games to send service-related transactional SMS messages and to telephonically contact You (and consent to receive such messages and telephonic calls). This would also apply when Your number is listed as Do Not Disturb (DND), under appropriate guidelines, with the Nepal Telecom Authority (NTA) and/or the telecom operator providing its services to You.
4.9. If You do not agree to these Terms, do not use the Platform, and if You do not wish to agree to any changes to these Terms, please cease using the Platform.
5. TOURNAMENT TERMS AND CONDITIONS
Ramailo Games may organize tournaments on the Platform, and to participate in such tournaments, the Users need to be in compliance with these Terms, Rules and any additional criteria shared on the Platform.
The following terms and conditions govern the User’s participation in the Tournaments hosted by Ramailo Games on its Platform. Each tournament may have its own set of rules (“Rules”) and in the event of any conflict between these Terms and the Rules of the relevant Tournament, the Rules of the relevant tournament shall prevail.
5.1. Player ELIGIBILITY CRITERIA
You need to fulfill each of the following eligibility criterion to participate in a Tournament:
a. You must be at least 18 years of age or above to participate in any Tournament;
b. You must be an individual, legal resident of Nepal;
c. You should have a valid billing address within the territory of Nepal;
d. You need to have a registered account to Ncell, IME pay , eSewa which are linked to your Account (defined below);
e. You are not restricted by limited space capacity in your device;
f. You are not a compulsive player;
g. You are not depositing money originating from crime and/or illegal/unauthorized activities into Your Account (defined below); and
h. You are not using Your Account to conduct any criminal/illegal activities.
Ramailo Games employees and their immediate family members (spouses, domestic partners, parents, grandparents, siblings, children, and grandchildren) are not eligible to participate in Tournaments.
5.2. USER ACCOUNT
5.2.1. To participate in a tournament, You must provide Your mobile phone number or Email. The mobile phone number shared by You, will be verified by Ramailo Games using a One Time Password (“OTP”). Upon You successfully verifying the mobile phone number, an account will be created for You (“Account”). Your Account is for Your personal use only. You may not impersonate anyone else. Each time You log into the Account with Your registered mobile phone number and verify it using an OTP, You confirm the acceptance of these Terms. Further, You shall not assign Your rights and responsibilities pursuant to the Agreement to any third party.
The email shared by you will be verified where the verification code is provided in the entered email. Once verified you can use the assigned password using the email to login. Any misuse of the account will be the full responsibility of the user only. At any given time, the user account will be banned until any further notice.
5.2.2. By registering for an Account, You represent, warrant, and agree that:
a. You meet with the User Eligibility Criteria as detailed in Clause 5.1;
b. You are using Your legal name, and mobile phone number registered in Your own name;
c. You will provide only true, accurate, current, and complete information about Yourself on the Platform; and
d. You will maintain and promptly update the information that You provide on the Platform to keep it true, accurate, current, and complete.
5.2.3. In the course of Your use of the Platform, You may be asked to provide certain Personal Information to Ramailo Games. Ramailo Games’s information collection and use policies are set forth in the Privacy Policy available at https://ramailogames.com/privacy-policy.
5.2.4. You further agree that You will be solely responsible for managing and updating Your information on the Account and for the security of Your Account (username and passwords).
5.2.5. You also agree that You will be solely responsible for any activities conducted on or through Your Account regardless of whether or not You are the individual who undertakes such activities. This includes any unauthorized access and/or use of Your Account.
5.2.6. Ramailo Games reserves the right to deny or revoke Your access to the Platform, or deactivate Your Account completely, or any part thereof, at any time in its sole discretion, with or without cause.
5.2.7. If You wish to discontinue using Your Account, or if You become aware of any loss, theft, or unauthorized use of Your Account, please notify Ramailo Games immediately by sending an e-mail to studio.redtailfox@gmail.com
5.2.8. You release and hold harmless Ramailo Games from any and all claims and causes of action arising out of or resulting from a third party’s unauthorized access or use of Your Account.
If You are dissatisfied with the Platform, Your sole remedy is to discontinue using the Platform.
5.3. Tournament DISCLAIMERS
THE USER MUST MEET WITH THE ELIGIBILITY CRITERIA AS DETAILED IN CLAUSE 5.1. THE GAMES ARE BASED ON SKILL AND NOT CHANCE.
ONLY CITIZENS RESIDING IN NEPAL CAN PARTICIPATE IN Tournaments CURRENTLY. IF YOU ARE NOT RESIDING IN THE TERRITORY OF NEPAL OR YOU ARE RESIDING IN THE STATES WITH LIMITATIONS PLEASE DO NOT SIGN UP FOR THE Tournament.
AN UNAPPLIED AMOUNT RECEIVED BY RAMAILO GAMES AS DEPOSITS SHALL BE REFUNDABLE AS PROVIDED IN CLAUSE 6.3.
THE USER MAY USE THE CURRENCIES IN THEIR ACCOUNT TO ENTER THE PLATFORM TOURNAMENTS, WHERE THE MAXIMUM PARTICIPATION LIMIT HAS NOT BEEN REACHED.
IN THE EVENT WHERE THE TOTAL CONTRIBUTION FROM Users IN A TOURNAMENT TOWARDS THE DISTRIBUTABLE POOL REMAINS LESS THAN THE ACTUAL DISTRIBUTIONS TO BE DONE FOR SUCH Tournament, RAMAILO GAMES MAY CONTRIBUTE IN THE SAID POOL TO THE EXTENT OF SUCH SHORTFALL (BETWEEN THE ACTUAL DISTRIBUTION TO BE DONE AND CONTRIBUTIONS BY THE USERS) AND BEAR ITS COST AS PROMOTIONAL EXPENDITURE.
USERS REQUIRING INFORMATION ON TAX OR LEGAL ISSUES ARE RECOMMENDED TO CONTACT A TAX ADVISOR OR THE RELEVANT AUTHORITIES IN NEPAL.
5.4. CHARGES
5.4.1. The Users shall be solely responsible and liable for all charges that are made via Ncell phone balance, IME pay Balance and eSewa Balance (“Subscription Charges”)
5.4.2. The User gives his/her consent to direct debiting of the Ncell Balance/IME pay/eSewa for any Subscription Charges. For promotional purposes, Ramailo Games may bear these Subscription Charges from time to time. However, such an event will not constitute a waiver of any subsequent Transaction Charges.
5.5. WINNINGS, DEPOSITS, AND REWARDS
5.5.1. Purchase – Users may purchase Deposit through their Ncell/IME pay/eSewa balance. Any Deposit to the Account of a User is refundable until applied for any activity on the Ramailo Games platform as provided in Clause 6.3;
5.5.2. Fee – the Deposit and Winnings may be used as subscription fee for the subscribed users.
5.5.3. Rewards – Rewards for all users shall be declared in the Rules of such a tournament. All the rewards are delivered by the representative of Ramailo Games only.
5.5.4. Expiry – Rewards which entitle the user a discount may expire based on the validity provided therein.
5.6. User OBLIGATIONS
User shall:
5.6.1. Personally perform all actions in regard to the Account and all payments to the Account shall be made solely for the benefit of the user;
5.6.2. Ensure that he/she is compliant with the terms of any third-party service provider facilitating the payments;
5.6.3. Not be entitled to Prizes and Rewards obtained through cheating or other breaches of the relevant tournament Rules on the Platform and the Agreement, criminal activities, the manipulation of the gaming system, or by any other inappropriate means (“Cheating”);
5.6.4. Not pledge the Currencies or Rewards in the User’s Account;
5.6.5. Be solely liable for all direct taxes under applicable and statutory laws, in connection with the encashment of prizes by the User. The reward may be subject to withholding taxes and/or other levies, deductions, etc. as per applicable law.
5.7. RAMAILO GAMES’S RIGHTS
Ramailo Games shall:
5.7.1. Reserve the right to change the accepted method of adding or withdrawing Currencies at its sole discretion;
5.7.2. Not warrant that the method of payment is available at all times;
5.7.3. Monitor all accounts and/or money transactions to prevent money laundering activities. Any suspicious activity may be reported to the relevant authorities;
5.7.4. Reserve the right to verify the entitlement of the User and, in case of doubt, may withhold the payment of the Currencies;
5.7.5. Not be liable to pay any interest on any balance amounts of Currencies held in User’s Account on the Platform for any period of time;
5.7.6. Accept a minimum Deposit amount of NRs. 1/- (Rupees One only). Ramailo Games reserves the right to amend the limit or arrange for additional and repeated examinations on Deposits at its sole discretion;
5.7.7. Reserve the right to: (i) limit User’s participation in the Tournaments; and/or (ii) withhold any Currencies in the User’s Account for a time period decided by Ramailo Games if such User is suspected of Cheating; and
5.7.8. Not be responsible for any damages that could occur as a direct or indirect result of a delay or inability to facilitate addition or withdrawal of the Currencies.
5.8. TERMINATION/SUSPENSION OF THE User ACCOUNT BY THE User
The User may, at his/her will, terminate or suspend his/her Account by sending an email to studio.redtail@gmail.com. All Currencies in such terminated Account shall stand forfeited by the User unless the User is able to withdraw the Currencies in accordance with these Terms.
In the event of suspension of an Account, the Currencies shall be frozen and held in the Account for a period of 6 (six) months. If the User fails to reactivate his/her account within the stipulated timeline, the Currencies in his/her Account shall be deemed forfeited.
5.9. Tournament SUBSCRIPTION RECEIPTS
Ramailo Games does not issue receipts for any Currencies used to participate in the Tournaments. All Currencies are accounted for within the User’s Account on the Platform. It is the responsibility of the User to ensure that the entries are accurate. The User may report any inaccuracies to studio.redtail@gmail.com.
5.10. RAMAILO GAMES BAZAR
Users may redeem their Winnings and Rewards for merchandise purchase on Ramailo Games within the Platform as per the instructions of Ramailo Games representative via facebook/instagram/messenger/phone calls/email.
For clarity, the merchandise available on Ramailo Games Bazaar are not owned by Ramailo Games. Subject to Users fulfilling conditions as defined on Ramailo Games, Ramailo Games will facilitate the Users’ request for merchandise by placing corresponding orders on behalf of the User with third-party sellers of such merchandise. The merchandise will be delivered to the Users by the seller of the merchandise in accordance with the terms and conditions of such seller applicable to such transaction and the merchandise will be invoiced to the Users as the purchasers of the merchandise and not Ramailo Games.
5.11. COMPLAINTS
If any User does not receive rewards in spite of being one of the winners in accordance with the Rules of the relevant Tournament, or if a User’s request to encash Winnings to his/her e-wallet fails, such User is required to write an email to studio.redtail@gmail.com within 30 (thirty) days from the date on which such Currencies were due to be credited in the User’s Account or encashed to the User’s Paytm e-wallet.
Failure to report the same within the stipulated timeline shall result in the User losing his/her claim and forfeiting of such Currencies.
In accordance with the Information Technology Act, 2000 and rules made thereunder, We have a Grievance Officer to address Your concerns regarding data safety, privacy, and the Platform usage concerns including complaints You have against other users on the Platform. We will resolve these issues raised by You within 30 (thirty) days from receiving them.
Email: studio.redtail@gmail.com
6. LIMITATIONS ON Users
6.1. GENERAL
User undertakes to always follow the applicable Rules of the Tournaments. Any breach of the Rules or the Terms will automatically mean that the User’s subscription to the tournament is void and the User will lose his/her entitlement to the Currencies or Rewards from any such subscription.
Ramailo Games reserves the right to declare a tournament void at any time.
If the User discovers a bug or any other error in the system, he/she must immediately log out from the Platform and write an email to studio.redtail@gmail.com. The User shall not be entitled to any awards or Currencies as a result of a bug or error in the Platform.
6.2. INVALID ENTRIES AND FORBIDDEN BEHAVIOR
6.2.1. Any use, or attempted use, of external gaming assistance programs, bots and software assistance with the purpose of giving the User an unfair advantage is forbidden behavior, which will qualify as Cheating, and could result in the permanent suspension of the User’s Account.
6.2.2. Ramailo Games reserves the right to declare the subscription of a User void should it become evident that:
a) it has been accepted on the grounds of an error; or
b) the User or third parties acting in cooperation with the User jointly intend to evade the Agreement; or
c) the User or other party acting in cooperation with the User may directly or indirectly influence the end result and/or the outcome of a Tournament.
6.3. REFUND
Deposits added by the Users that remain unused on the Platform (“Unused Deposits”) are refundable upon request. For any claims of refund the User can only apply through an email addressed to studio.redtail@gmail.com.
Further, such Unused Deposits will be compulsorily refunded to the Users on the 364th day from the day of Deposit, whether or not the Users claim this refund.
For more details: https://ramailogames.com/refundpolicy
6.4. NO REPRESENTATIONS OR WARRANTIES
User not limiting his/her statutory rights, expressly acknowledges and agrees to the following:
a) The User is participating in the tournament at his or her own risk;
b) The Platform is provided “as is”. Ramailo Games expressly disclaims all express or implied representations or warranties;
c) There may be delays in Ramailo Games’s network and systems; and
d) Ramailo Games reserves the right to publish or not publish the result of any/all Tournaments.
7. NO GUARANTEES
Among other things, Ramailo Games does not guarantee that:
a) The Platform will meet the User’s expectations; or
b) The Platform will be accessible without interruption or in a timely, reliable, or fault-free manner; or
c) The results obtained through use of the Platform will be correct and reliable; or
d) The quality of the products, services, information, or other material purchased or obtained by the User through the Platform will meet the User’s expectations.
The User shall be solely responsible for damages to his or her data system or for loss of data arising from download of content from the Platform. No guidance or information, written or oral, obtained from Ramailo Games or via the Platform, shall constitute any warranty, which has not specifically been stated in these Terms.
8. LIMITATION OF LIABILITY
User specifically acknowledges and agrees that in no event shall Ramailo Games be liable for any direct or indirect damages, including but not limited to, delay, damages caused by unused opportunity on the Platform, loss of profits, goodwill, data, or other financial loss arising out of:
a) The use of the Platform or inability to use the Platform; or
b) Costs arising from acquiring a replacement of any product or service that is based on any item, data, information, or service purchased through the Platform; or
c) Any message received through the Platform; or
d) Any transactions made by means of the Platform; or
e) Third party claims against the User; or
f) Unlawful access to or modifications of data transmissions; or
g) Any other circumstances related to the Platform.
Ramailo Games exempts itself from any claims for damages relating to the Platform access, function, quality, possible errors such as spelling errors, bugs, and other factors relating to the Platform.
Ramailo Games shall not be liable for any indirect or unforeseeable damages caused to the Users under any given circumstances.
9. FORCE MAJEURE
Ramailo Games shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting Ramailo Games and/or the Platform. Examples of force majeure events are real or potential labor disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network. Force majeure or other events beyond Ramailo Games’s control hindering, delaying or complicating the maintenance of the Platform entitles the Ramailo Games to suspend or limit the Platform until further notice.
10. INTELLECTUAL PROPERTY RIGHTS
All reproduction or distribution of any material on the Platform, including but not limited to text, photographs, movies, music and software programs is strictly prohibited, unless explicitly stated in written form otherwise. Ramailo Games reserves any and all rights not expressly granted herein.
Ramailo Games’s trade name, logotype, and all related trademarks, product and/or service names and slogans used on the Platform are the property of Ramailo Games and may not be used in any way without the prior written approval of Ramailo Games. User’s use of the Platform shall not be construed as the grant of any license or right to use any trademarks or names appearing on the Platform.
11. ADVERTISEMENTS
Ramailo Games may include or offer third-party products on the Platform through digital advertisements, whether fetched directly from advertisers or sourced from partner networks.
Ramailo Games shall not be liable for any privacy practices or the content shared by the business partners, advertisers, sponsors, or other mobile applications and websites to which Ramailo Games provides links on the Platform.
The Users shall be responsible for checking the privacy policy and terms of use of such third-parties before exploring their mobile applications and websites to safeguard their interests.
12. TERM AND TERMINATION
12.1.Term: This Agreement is valid until further notice.
12.2. Termination: Users whose Accounts have been suspended/terminated on the basis of the reasons cited below, will not be entitled to participate in any tournament until Ramailo Games at its sole discretion lifts such suspension/termination. Suspension can occur in relation to the entire Platform or certain sections of the Platform.
12.2.1. Ramailo Games may at its sole discretion and without prior notice, suspend/terminate the User’s access to the Platform if he/she violates or attempts to violate the security of the Platform including, without limitation:
a) Cheating, as defined under Section 5.6.3 and mentioned under Section 6.2.1.
b) Accessing data not intended for the User or logging on to a server or User Account the User is not authorized to use; or
c) Attempting to probe, scan, or test the vulnerability of the system or network or to breach security or authentication measures without authentication; or
d) Accessing or using the Platform without authorisation, in violation of these Terms or in violation of applicable law; or
e) Using any service that blocks or hinders any kind of advertising on the Platform.
f) The User violates any or all terms of this Agreement or instructions on the Platform;
g) The User shares false information at the time of signing up for the Platform;
h) Ramailo Games has reason to suspect a crime, misuse, fraud, or attempt of such in relation to use of the Platform;
i) The User obtains Currencies through Cheating or other breaches of the Rules on the Platform or these Terms, criminal activities, the manipulation of the gaming system, or by any other inappropriate means.
j) Ramailo Games considers it to be necessary for safety reasons or Ramailo Games’s reputation; or
k) Ramailo Games is forced to do so pursuant to legislation or ruling of a competent authority.
VIOLATIONS OF SYSTEM OR NETWORK SECURITY MAY RESULT IN CIVIL OR CRIMINAL LIABILITY. RAMAILO GAMES WILL INVESTIGATE OCCURRENCES THAT MAY INVOLVE SUCH VIOLATIONS AND COOPERATE WITH LAW ENFORCEMENT AUTHORITIES IN PROSECUTING USERS WHO ARE INVOLVED IN SUCH VIOLATIONS. YOU AGREE NOT TO USE ANY DEVICE, SOFTWARE, OR ROUTINE TO INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKING OF THIS PLATFORM, THE GAMES AND Tournaments ON THIS PLATFORM, OR ANY ACTIVITY BEING CONDUCTED ON THIS PLATFORM.
13. INDEMNITY
13.1. The Users shall indemnify, defend, and hold harmless Ramailo Games and its affiliates, if any, from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Ramailo Games that arise out of, result from, or in connection with:
a) The User’s breach of these Terms;
b) Any claims made by any third party due to, or arising out of, or in connection with a User’s use of Ramailo Games Platform, a User’s participation in a tournament on the Platform, or a User’s winning/claiming the reward of such Tournament;
c) The User’s violation of any rights of another, including intellectual property rights; and
d) The User’s violation of any applicable laws.
Notwithstanding anything to the contrary in these Terms, in no event shall Ramailo Games 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 Tournament(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 resulting from loss of use, data or profits, whether or not foreseeable or whether or not Ramailo Games has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty or negligence or any other claim arising out of or in connection with the use of or access of the Platform.
14. APPLICABLE LAW AND JURISDICTION
These Terms shall be governed by the laws of NEPAL. You agree that Ramailo Games is solely based in NEPAL, and nothing shall give rise to personal jurisdiction over Ramailo Games in jurisdictions other than Kathmandu, NEPAL, and You shall not raise any claims against Ramailo Games in any court or forum in any jurisdiction other than Kathmandu, NEPAL.
Any claim or dispute between the User and Ramailo Games will be entertained and tried solely and exclusively by a court of competent jurisdiction located in Kathmandu, NEPAL, and no other place whatsoever.
(Alternative Content)
These Terms shall be governed by the laws of NEPAL. You agree that You shall not raise any claims against Ramailo Games in any court or forum in any jurisdictions.
Any claim or dispute between the User and Ramailo Games will be entertained and resolved exclusively by holding a conversation between the User and a representative of Ramailo Games. (Can we write this legally?)
15. LEGAL ASPECTS
Ramailo Games only offers cash tournaments in Games of Skills. Ramailo Games does not support, endorse or offer to Users ‘games of chance’ for money. Participating in Games of Skill tournaments for cash prizes is legal in all Provinces of NEPAL.
16. 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.
17. WAIVER
No provision of the Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Ramailo Games. Any consent by Ramailo Games to, or a waiver by Ramailo Games of any breach by the User, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
18. GAMES OF SKILL
A Game of Skill is a game where the outcome is determined mainly by mental or physical skill rather than by chance. Ramailo Games does not support, endorse or offer to Users ‘games of chance’ for rewards. It is the dominant element of skill or chance which determines the character of the game. The outcome or success in the Tournaments hosted on Ramailo Games platform is directly dependent on the User’s effort, performance and skill. Users' skill and knowledge of the tournament may be enhanced with practice. Additionally, Tournaments on the Platform have Rules and Users are encouraged to read, understand, and follow them. Different Tournaments will reward different skills, but each tournament will reward one or more skills, viz., knowledge of the game, familiarity with Rules, practice, hand-eye coordination, etc.
