1. The Terms
1.1. These Terms and Conditions is a legally binding document and is an electronic record in the form of an electronic contract
formed under Information Technology Act, 2000 and rules made thereunder. These Terms and Conditions must
“Terms”) are a legal and binding agreement between users (“Users”) and 8Ball Master Private Limited (referred
to as the “8Ball Master”), in relation to all games and applications made available by 8Ball Master (jointly
and interchangeably referred to as the “Services”), and any information, text, graphics, video, sound,
pictures, and any other materials appearing, sent, uploaded, communicated, transmitted or otherwise made
available via the above mentioned Services (jointly referred to as the “Content”).
on paragraph 5.
1.3. Users state that they are of legal age (minimum 18 years of age) to access the Services and Content.
1.4. IMPORTANT NOTICE:
THE CONTEST IS OPEN TO INDIAN CITIZENS, EXCEPT THE RESIDENTS OF ASSAM, ORISSA AND TELANGANA.
IF YOU ARE RESIDING AND/OR ACCESSING THE APP FROM ANY REGION/STATE/COUNTRY WHERE THE CONTEST IS PROHIBITED OR RESTRICTED
BY LAW OR OTHER REASONS, THEN YOU ARE PROHIBITED FROM REGISTERING AND PARTICIPATING IN THE
CONTEST. YOU ARE RESPONSIBLE FOR COMPLIANCE OF ANY LAWS THAT ARE APPLICABLE ON YOUR COUNTRY/DOMICILE/STATE/RESIDENCE.
IN CASE YOU PARTICIPATE IN THE CONTEST BY MISREPRESENTATION, THEN 8Ball Master SHALL IN ITS
SOLE DISCRETION HAVE THE RIGHT TO DISQUALIFY YOU AT ANY STAGE OF THE PROCESS, FORFEIT ANY
PRIZE (AS DEFINED BELOW) AND TAKE LEGAL ACTION AGAINST YOU.
IF YOU ARE FOUND OR SUSPECTED TO BE DEFRAUDING THE SYSTEMS OF THE CONTEST IN ANY MANNER THEN YOU SHALL BE DEBARRED FROM PARTICIPATING
IN THE CONTEST AND 8Ball Master MAY TAKE LEGAL ACTION AGAINST YOU.
EMPLOYEES OF 8Ball Master, ITS RESPECTIVE HOLDING, SUBSIDIARIES, ASSOCIATE COMPANIES AND THIRD-PARTY SERVICE PROVIDERS WHO
HAVE BEEN ENGAGED BY 8Ball Master FOR THE DEVELOPMENT, PROMOTION, ADMINISTRATION OR EXECUTION
OF THE CONTEST, AND THEIR FAMILY/HOUSEHOLD MEMBERS ARE NOT ELIGIBLE TO PARTICIPATE IN THE
IN CASE OF ANY DISPUTE REGARDING THE APP OR THE CONTEST, 8Ball Master’S DECISION SHALL BE FINAL AND BINDING.
8Ball Master RESERVES THE RIGHT TO CHANGE OR MODIFY THIS TERMS AND CONDITIONS FROM TIME TO TIME, PROSPECTIVELY OR RETROSPECTIVELY,
AT ITS SOLE DISCRETION AND WITHOUT ANY PRIOR INTIMATION TO YOU. YOU ARE REQUESTED TO CAREFULLY
READ THESE TERMS AND CONDITIONS FROM TIME TO TIME BEFORE USING THE APP OR PARTICIPATING IN
CONTEST. IT SHALL BE YOUR RESPONSIBILITY TO CHECK THESE TERMS AND CONDITIONS PERIODICALLY
FOR CHANGES. 8Ball Master MAY REQUIRE YOU TO PROVIDE YOUR DIRECT OR INDIRECT CONSENT TO ANY
UPDATE IN A SPECIFIED MANNER BEFORE FURTHER USE OF APP OR PARTICIPATION IN THE CONTEST. IF
NO SUCH SEPARATE CONSENT IS SOUGHT, YOUR CONTINUED USE OF APP OR PARTICIPATION IN THE CONTEST,
FOLLOWING SUCH CHANGES, WILL CONSTITUTE YOUR ACCEPTANCE OF THOSE CHANGES.
8Ball Master RESERVES THE RIGHT TO WITHDRAW OR DISCONTINUE OR TERMINATE THE CONTEST AT ANY STAGE WITHOUT PRIOR NOTICE AND WITHOUT
ANY LIABILITY WHATSOEVER TO YOU.
THE CONTEST IS VOID WHERE PROHIBITED BY LAW.
2. The Services
2.1. 8Ball Master gives Users in compliance with these Terms a personal, royalty-free, non-assignable, non-exclusive and revocable
limited license to use the software that is provided as part of the Services. This license is for the
sole purpose of enabling the own personal private use from Users to enjoy the Services as provided by
8Ball Master, in the manner according with by these Terms. The Services may change or being modified from
time to time without prior notice or communication. Furthermore 8Ball Master may, at its own discretion,
cease totally or partially, and/or permanently or temporarily the provision of the Services or Users
accounts without prior notice or communication.
2.2. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries
made through the Services, or any other information. The types and extent of advertising by 8Ball Master
on the Services are subject to change. In consideration for 8Ball Master granting you access to and use
of the Services, you agree that 8Ball Master and its third party providers and partners may place such
advertising on the Services or in connection with the display of Content or information from the Services
whether submitted by you or others.
2.3. When access games included in the Services, the specific rules, scoring, controls and guidelines for each game can be
found within the game itself. Such rules are integral part of the Terms, which Users shall agree and
2.4. Any charges related to Users for accessing the Services, including but not limited to internet connection and/or mobile
or data charges are full responsibility of such Users.
3.1. Subject to your compliance with these Terms, 8Ball Master grants you a limited, non-exclusive, non-transferable, non-sublicensable
license to access and view the Content solely in connection with your permitted use of the Services and
solely for your personal and non-commercial purposes.
The Content available through the Services has not been verified or authenticated by us, and may include inaccuracies or
false information. We make no representations, warranties, or guarantees in connection with our Services
or any Content on the Services, relating to the quality, suitability, truth, accuracy or completeness
of any content contained in the Services. You acknowledge sole responsibility for and assume all risk
arising from your use or reliance of any Content.
4. Users accounts
4.1. Users are responsible for safeguarding the password that use to access the Services. 8Ball Master encourage Users to use
strong passwords (passwords that use a combination of upper and lower case letters, numbers and symbols)
with the accounts. 8Ball Master cannot and will not be liable for any loss or damage arising from Users
failure to comply with the above.
4.2. Users agree to take all steps necessary to protect log in details and keep them secret, and not give login details to
anyone else or allow anyone else to use their login details or account, including log in details and
account for any social network or platform that Users may allow the Services to interact with. 8Ball
Master shall not have any responsibility for the consequences of failure by Users to these provisions,
and agree to fully compensate 8Ball Master for any losses or harm that may result. Furthermore, 8Ball Master
shall not be responsible for any loss that Users may suffer as a result of an unauthorized access to
their accounts and/or use of the Services, and 8Ball Master accepts no responsibility for any losses or
harm resulting from this unauthorised use, whether fraudulently or otherwise.
5. Contests, Deals, Levels and In App purchases
8Ball Master may conduct promotions, including, without limitation, contests, consolation prizes, Level redemptions. Apple
is not involved in any way with the contest. Each promotion may have additional Terms and rules, which
will be posted or otherwise made available to you, and for purposes of each Promotion, will be deemed
incorporated into and form a part of this agreement.
5.1. Pricing of, Purchasing and Availability of Levels. 8Ball Master rewards its users certain Levels as per the company’s
discretion and a proprietary algorithm that factors in multiple variables viz. number of games played
etc. 8Ball Master Levels has no monetary value and does not constitute currency or property of any type.
You acknowledge that you are not entitled to a refund for any unused Levels or unused Virtual Items when
8Ball Master stops making an Application available, whether such action is taken at 8Ball Master´s discretion
or due to unforeseen events.
5.2. The price payable by you is the price, if applicable, indicated in the Application itself. When you purchase a license
to use our Services, or purchase a subscription to use an Application, you agree to pay taxes, levies
and any other Statutory/Govt. dues by whatever name called, where applicable, that we or our agent assesses
on your purchase. We reserve the right to change the price and specifications shown in relation to any
Application, any subscription, Levels, deals and Items etc. We do not offer any returns or cancellations
of purchases unless the user satisfies any minimum performance criteria that’s decided by 8Ball Master
and mentioned on the App.
5.3. As for any competition or deal that’s placed in the Application, 8Ball Master reserves complete rights for the following:
use of the information. Users understand that through their use of the Services, they consent to the
integral part of these Terms.
set out in these Terms. By using the Services, Users give their consent to collecting, processing, using
should not access and/or use the Services. Any personal information that may be collected may also be
subject to the policy of any social network that Users may linked the Services to.
6.3. Users acknowledge and accept that they are subject to receive occasional communications, such as service announcements
and administrative messages.
7. Intellectual Property
7.1. Users acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Services,
is owned by or licensed to 8Ball Master. By submitting Content on or through the Services, Users grant
8Ball Master a worldwide, non-exclusive, royalty-free license -with the right to sublicense- to use, copy,
reproduce, process, adapt, modify, publish, transmit, display, distribute and make derivative works of
such Content in any and all media or distribution methods now known or later developed.
7.2. Users must not copy, distribute, make available to the public or create any derivative work from any Content belonging
to 8Ball Master and/or any other User. 8Ball Master respects the intellectual property rights of others and
expects Users to do the same. If Users or any third party believe that their Content has been copied
in a way that constitutes copyright infringement, they shall provide 8Ball Master with the following information:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their
behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification
of the material that is claimed to be infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled, and information reasonably sufficient to permit
the location of the material; (iv) contact information, including address, telephone number, and an email
address; (v) a statement that such User or third party have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi)
a statement that the information in the notification is accurate, and, under penalty of perjury, that
such User or third party is authorized to act on behalf of the copyright owner.
7.3. 8Ball Master reserves the right to remove Content alleged to be infringing without prior notice, at its sole discretion,
and without any liability
8.1. 8Ball Master reserves the right at all times to remove or refuse to include, distribute and/or display any Content on
the Services, to suspend or terminate Users, and to reclaim usernames and/or any channel name without
any liability. 8Ball Master also reserves the right to access, read, preserve, and disclose any information
as it reasonably believed is necessary to satisfy any applicable law, regulation, legal process or governmental
request, enforce the Terms, including investigation of potential violations hereof, detect, prevent,
or otherwise address fraud, security or technical issues, or to protect its rights, property or safety,
its Users and third parties.
8.2. Users shall not do any of the following while accessing or using the Services: access, tamper with, or use non-public
areas of the Services, 8Ball Master’s computer systems, or the technical delivery systems of 8Ball Master’s
providers; probe, scan, crack, track and/or test the vulnerability of any system or network, or breach
or circumvent any security or authentication measures; access or search or attempt to access or search
the Services by any means (automated or otherwise) other than through the currently available, published
interfaces provided and only pursuant to these Terms, forge any TCP/IP packet header or any part of the
header information in any email or posting, or in any way use the Services to send altered, deceptive
or false source-identifying information; or interfere with, or disrupt, (or attempt to do so), the access
of any user, host or network, including, without limitation, sending a virus, overloading, flooding,
spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere
with or create an undue burden on the Services. Users shall provide accurate and up to date information
when creating their accounts and/or using the Services. Accounts are limited at one per User. The sell
or transfer of any account or part of it, Content, items and/or any part of the Services is strictly
8.3. 8Ball Master reserves the right to suspend or terminate any access to the Services, including by terminating or deleting
any accounts and any Content related without any notice or communication, if there is a reasonably belief
that such User is in breach of these Terms. In the event of any breach, Users who caused shall compensate
8Ball Master for all losses, harm, claims and expenses that may arise.
9.1. All right, title, and interest in and to the Services, according to the provisions set on these Terms, are and will
remain the exclusive property of 8Ball Master and its licensors. Services are protected by copyright, trademark,
and other laws. Nothing in the Terms gives Users any right to use the 8Ball Master name or any of the 8Ball
Master trademarks, logos, domain names, properties and other distinctive brand features.
9.2. These Terms will continue to apply until terminated by either Users or 8Ball Master as follows: (i) Users may end this
legal agreement with 8Ball Master at any time for any reason, by discontinuing the use of the Services
and contacting [email protected] to delete their account, provided that they will still be responsible
for all the conditions set in this Term for the time they used the Services. Accounts may be deactivated
and/or deleted due to prolonged inactivity; (ii) 8Ball Master may suspend or terminate Users accounts or
cease providing with all or part of the Services at any time for any reason, including, but not limited
to, if there is a reasonably belief that such Users have violated these Terms or created a risk or possible
legal exposure; or if at its own discretion the provision of the Services is no longer commercially and
or technically viable.
9.3. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this
section is intended to limit any rights you may have which may not be lawfully limited.
9.4. The access to and use of the Services or any Content are at Users’ own risk. Users understand and agree that the Services
are provided on an "as is" and "as available" basis. Without limiting the foregoing, to the maximum extent
permitted under applicable law, 8Ball Master disclaims all warranties and conditions, whether express or
implied, of merchantability, fitness for a particular purpose or non-infringement.
9.5. 8Ball Master makes no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability,
timeliness, security or reliability of the Services or any Content; (ii) any harm to Users’ computer
system or mobile device operating system, loss of data, or other harm that results from access to or
use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any
Content and other communications maintained by the Services; and (iv) whether the Services will meet
Users requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information,
whether oral or written, obtained from 8Ball Master or through the Services, will create any warranty not
expressly made herein.
9.6. The Services may contain links to third-party websites or resources. Users acknowledge and agree that 8Ball Master is
not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii)
the content, products, or services on or available from such websites or resources. Links to such websites
or resources do not imply any endorsement by 8Ball Master of such websites or resources or the content,
products, or services available from such websites or resources. Users acknowledge sole responsibility
for and assume all risk arising from its use of any such websites or resources.
9.7. To the maximum extent permitted by applicable law, 8Ball Master shall not be liable for any indirect, incidental, special,
consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly
or any loss of data, use, good-will, or other intangible losses, resulting from (i) the access to, use
of, or inability to access to or use the services; (ii) any conduct or content of any third party on
the Services, including without limitation, any defamatory, offensive or illegal conduct of other Users
or third parties; (iii) any Content obtained from the Services; or (iv) unauthorized access, use or alteration
of Content; or (v) any natural calamities.
9.8. In no event shall the aggregate liability of 8Ball Master exceed the total amount that such User has paid to 8Ball Master
in the six month period ending on the date of the claim, to a maximum of One Thousand Indian Rupees (INR
1000). The limitations shall apply to any theory of liability whether based on warranty, contract, statute,
tort (including negligence) or otherwise, and whether or not 8Ball Master has been informed the possibility
of any such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
9.9. The failure of 8Ball Master to enforce any right or provision of these Terms will not be deemed a waiver of such right
or provision. In the event that any provision of these Terms is held to be invalid or unenforceable,
then that provision will be limited or eliminated to the minimum extent necessary, and the remaining
provisions of these Terms will remain in full force and effect.
9.10. These terms shall be governed by and construed in accordance with the laws of Nagaland Government as well as Republic
of India. All claims, legal proceedings or litigation arising in connection with the Services will be
brought solely in the relevant courts located in the city of Delhi/New Delhi – INDIA. Users consent to
the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
9.11. 8Ball Master is a skill based Online Pool game i.e. skill game which is clearly defined in the recently passed by an
Act of Government of Nagaland under The Nagaland Prohibition of Gambling and Promotion and Regulation
of Online Games of Skill Act, 2015 (Act No.3 of 2016) and The Nagaland Prohibition of Gambling and Promotion
and Regulation of Online Games of Skill Rules, 2016 in which Skill Game and allow to run/operate of this
type of skill games.
As per Section 2(3) of The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, the
definition of “Games of Skill” is reproduced as under,
“Games of Skill” shall include all such games where there is preponderance of skill over chance, including where the skill
relates to strategizing the manner of placing wagers or placing bets or where the skill lies in team
selection or selection of virtual stocks based on analyses or where skill relates to the manner in which
the moves are made, whether through deployment of physical or mental skill or acumen”.
Explanation: For the purpose of this Act-
- All Games provided in Schedule A of this Act shall fall under the category of “Games of Skill”,
- ‘Games’ which have been declared or determined to be ‘games of skill’ by India or International
courts or other statutes, or games where there are domestic and international competitions and
tournaments, or games which can be determined to be ‘games of skill’ shall further be entitled
to be included in Schedule A,
- Games of skill may be (a) Card based and (b) action/virtual sports /adventure/ mystery and (c)
Supreme Court of India in the case of
Dr. K.R. Lakshmanan vs. State of Tamil Nadu And Anr on 12 January, 1996 (1996) AIR 1153, 1996 SCC(2)
226 wherein the word Games of Skill has clearly been stated which is reproduced as under,
“A game of skill, on the other hand- although the element of chance necessarily cannot be eliminated
- is one in which success depends principally upon the superior knowledge, training attention, experience and adroitness
of the player. Golf, chess and even Rummy are considered to be games of skill. The Courts have reasoned
that there are few games, if any, which consists purely of chance or skill, and as such games of chance
is one in which the element of chance predominates over the element of skill, and a game of skill is
one in which the element of skill predominates over the element of chance. It is dominant element – “skill”
or “chance” – which determines the character of the game”.
9.12. 8Ball Master Game runs in India except the States which has banned/prohibited or to be prohibited
to run/operate of 8Ball Master Games. In spite of this, any User runs and/or operate the 8Ball Master, he
will be solely responsible for the same.
9.13. 8Ball Master skill based game is not Gambling and Lotteries.
regarding the Services, excluding any services for which Users may have a separate agreement explicitly
in addition or in place of these Terms, and these Terms supersede and replace any prior agreements between
8Ball Master and Users regarding the Services.
9.15. 8Ball Master may revise these Terms from time to time, the most current version will always be on the mobile application.
8Ball Master reserves the right, but not the obligation, in its sole discretion, to notify any modification
via e-mail to the email associated with Users account. However, by merely continuing to access or use
the Services after those revisions become effective, Users agree to be bound by the revised Terms. These
Terms were last updated on 18th April 2018.
10. Tax & TDS Policy
10.1. Any tax/levies/duty etc., as applicable, shall be paid by the user of the game of 8Ball Master
10.2. There is no TDS deducted as the winning amounts are up to or less than Rs.10,000/- on 8Ball Master.
10.3. TDS is deducted on winning amounts above Rs.10,000/- on 8Ball Master before releasing the winnings prize/product/amount
and/or in whatever name called.
10.4. Based on TDS (tax deducted at source) Rules for any sort of game winning in India, 30% TDS should be deducted on any
winning above Rs.10,000/- in a single game.
10.5. The person responsible for paying shall, before releasing the winnings, collect the TDS amount from the winner.
10.6. Your prize can only be redeemable after TDS deduction , if winning product is above 10,000/- . TDS amount is to be
paid to 8Ball Master as provided by Section 194B read with Section 115BB of the Income Tax Act, 1961.
10.7. The User will have to provide his valid PAN card copy so that 8Ball Master Games can file TDS deducted accordingly.
10.8. TDS has to be paid within 24 hours. Kindly give us time period of 15 working days to deliver your prize.
10.9. To claim your winning product, if TDS as applicable by govt. (as per Section 194B read with Section 115BB of the Income
Tax Act, 1961) on your winning, winner gets 24 hrs time to pay TDS from the time of winning to claim
their prize. If user fails to pay TDS within 24 hrs his/her winning will be considered as expired.
8Ball Master cannot and will not be liable for any loss or damage arising from Users mobile connectivity etc..