Terms and Conditions

Last updated: 30 May 2023

4.USE OF WEBSITE

4.1 Each User shall use this website and Oneplay’s Services only for personal non-commercial and non-profit use. In the event of any breach of this clause or otherwise, we may limit the availability of our website in whole or in part, block or deny access to any person, area or jurisdiction at any time and without notice.

5.USER ACCOUNT

5.1 For using our website, you will be required to sign up and create your user account. It implies providing your email, phone number, selecting a username and a password. When creating an account, you represent that:

5.1.1 All information you submit is truthful, current, complete and accurate and; you will maintain the accuracy of such information;

5.1.2 Your use of our website is not against any applicable law or regulation in your jurisdiction and in our jurisdiction (India);

5.1.3 We can terminate your account and your use of our website with no refund of any subscription at any time without notice if we detect Prohibited Activities, or any violation of these Terms by you and we shall not be liable for any loss or damage to you or any third party arising out of such termination.

5.1.4 Selecting a Subscription requires the prior creation of a User Account using the information that you communicate to us via the Website. You are responsible for the confidentiality of your identifiers and password, as well as the security of your computer equipment and system.

5.1.5 You can delete your user account and stop using our website at any time without notice and without stating a reason. If you ask us to do so, we may access your user account (log in to it) for technical maintenance and support. We will not do so without your prior request and/or consent.

6.USE OF CONTENT

6.1 All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under license or permission, or sourced from third party open networks by the Company. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.

6.2 Except as expressly provided in these Terms, no part of our website and no Content may be copied, reproduced, republished, uploaded, downloaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any computer, server, website, other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

6.3. Any use of the Content not expressly permitted by the Terms is a breach of the Terms and may violate copyright, patent, trademark and other laws including such owned by third parties. You agree to abide by all copyright notices, information, or restrictions contained in or attached to the Content.

6.4. While using our website you may access third-party content, including third party intellectual property. You agree to comply with all rules related to the use of such third-party content and intellectual property.

6.5. While using our website you may access third-party software products, including but not limited to video games. Some of such Content may be restricted for minors and persons below certain age. You agree to comply with all rules and requirements related to such age restrictions.

6.6 To the extent that you provide User Content to us, you grant (and represent that you have the right to grant) us an irrevocable, non-exclusive, royalty-free, fully-paid-up, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit such User Content, and to grant sublicenses of the foregoing rights, in connection with the operation and improvement of our Website. You irrevocably waive (and agree to cause to be waived) any claims of moral rights or attribution with respect to your User Content.

7.PROHIBITED ACTIVITIES

7.1 You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organization's or entity's written permission. The Company holds the right to add/remove/replace/change any games offered at its discretion, without having to inform the User prior to the changes.

7.2 Users are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services, (5) use our website or servers for mining cryptocurrency. Violations of system or network security may result in civil or criminal liability. The Company has the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

7.3 Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful. If any user is found sharing their account with multiple individuals, and/or if any suspicious activity is noticed from an account, that account will be permanently banned. If any user is found installing any external softwares including games on the servers, that account will be permanently banned without the claim for any refund.

7.4 Users shall not use our website for unlawful or prohibited purposes. Users agree not to attempt, through any means, to gain unauthorized access to any part of our website, user accounts, computer system or network connected to our servers. We monitor all activities on our website for security and other purposes.

7.5 Without limiting the foregoing, Users will not use our website to: (a) violate applicable local, state, national, international or other law, rule, regulation, court order; (b) access/use our website from territories where it or its content is illegal or prohibited; (c) promote criminal or illicit activity, provide information about illegal activities; (d) use our website to transmit, distribute, post or submit any information concerning any other natural or legal person without their permission; (e) harvest or collect email addresses, other contact information of other users by electronic or other means; (f) promote racism, bigotry, hatred, or physical harm against any group or individual, “stalk” or harass other users or collect or store information about other users; (g) access or attempt to access any functionality, software, data, information or part of our website through means not intentionally made available through our website; (h) register for a user account on behalf of an individual other than yourself or register for more than one active user account; (i) transfer, sell user account to another person/people, share your account with others; (j) impersonate any person/entity, falsify or otherwise misrepresent yourself or your affiliation with any person/entity; (k) use automated scripts to access, search, collect information or otherwise interact with our website (including without limitation robots, spiders or scripts) or use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on our website or the content contained on any such web page for commercial use or otherwise; (l) other than with respect to your own User Content, (i) use, reproduce, duplicate, copy, stream, sell, resell or exploit the Content; (ii) compile a collection of Content, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; or (iii) otherwise remove any text, copyright or other proprietary notices contained in the Content; (m) decipher, decompile, disassemble, reverse engineer our website or software, or otherwise attempt to derive any source code or underlying ideas or algorithms; (n) modify, translate, or otherwise create derivative works ; (o) launch more than one streaming session (gaming session) under your account; (p) advocate, encourage or assist any third party in doing any of the foregoing.

7.6 Any threatened or actual breach of any of the provisions of this Clause shall immediately and automatically, without any prior notice, lead to suspension of your account and termination of your subscription without any claim for refund towards the subscription paid by you.

8.INDEMNITY

8.1 The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of our website or their breach of the terms.

9.WARRANTIES AND LIMITATION OF LIABILITY

9.1 User agrees that neither The Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if the Company has been advised of the possibility of such damages.

9.2 User agrees that neither the Company nor its group companies, directors, officers or employee shall be liable for any damages, resulting from the use Third Party Services on the it's platform.

9.3 User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.

9.4 User agrees that the Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall the Company’s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.

9.5 In no event shall the Company or any parties, organizations or entities associated with the brand ‘Oneplay’ or otherwise, be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.

10.INTELLECTUAL PROPERTY, LICENSE, AND RELATED TERMS

10.1 Oneplay and all rights related thereto are and shall remain our exclusive property or exclusive property of our licensors or other third parties. All creative elements placed on our website are protected by intellectual property rights. All trademarks, logos, graphics, photographs, animations, videos, texts, content and other distinctive signs appearing on our website are the intellectual property of the Company, our licensors or third parties. The software (including video games) that is made available through our website is and shall remain the intellectual property of respective owners. Therefore, such property cannot be reproduced, used or represented without the prior written authorization of the Company or respective owners.

10.2 You have no right or interest in the Company other than as expressly granted herein.

10.3 Your Feedback given to us, including by means of automated upload features do not give you any rights in any release of Oneplay and do not require us to implement your suggestions.

10.4 Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use, access, and download (if applicable) our website for your personal, non-commercial use.

10.5 We reserve the right, at any time, to modify, suspend, or discontinue all or any element of our website or software (in whole or in part) and/or suspend your license granted in this Section with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuation.

10.6 We will provide you with support and maintenance in connection with use of our website (“Support”). However, we will on our own discretion determine the scope of the Support and activities that we will or will not carry out during the Support. We cannot guarantee that we will fix the issue you address us with.

10.7 As a part of using our website, you may access the content owned and/or hosted by third parties. We cannot monitor such content and that you access it at your own risk, as well as that you have fully complied with all rules related to the use of such content and have entered into applicable agreements and made applicable transactions with third parties to be able to use and access such content.

10.8 Neither these Terms nor your access to our website transfers to you or any other party any rights, title or interest in or to any intellectual property rights.

10.9 You agree to comply with, and your license to use our website is conditioned upon your compliance with, all applicable third-party terms and agreements

11. SUBSCRIPTION AND PAYMENT:

11.1 We are a subscription-based service. It means you should buy a subscription to be able to access to our cloud gaming platform. Selecting a Subscription requires the use of a valid and up-to-date payment method from among the available payment methods. You agree to update any expired payment method by logging into your User Account.

11.2 The amount of the Subscription is charged for the coming month, via the selected payment method. You agree to any terms or agreements that govern your use of payment systems available on our website.

11.3 In the event you are charged by your bank or payment system an additional fee on top of the subscription price or that your purchase of the subscription is considered to be taxable according to the applicable laws in your jurisdiction, you will be responsible for paying such fees.

11.4 You acknowledge that you will not ask us for any compensation or refund in case you are not satisfied with our website, your hardware is not able to maintain seamless operation of our website or our website does not meet your expectations or appears to be different from or contains less functionality than it was mentioned in advertising.

11.5 You are responsible for the security of your bank cards and payment instruments you use to make transactions on our website. Refund claims based on the statements that someone has used your bank card without your permission will not be accepted, unless we receive an official notification from a relevant authority that the unauthorised use of your card was or is suspected to be fraud.

12. CANCELLATION AND REFUND POLICY:

(a) In case of an Active Monthly Plan, we provide no refunds beyond a period of 24 hours from the completion of payment transaction provided no gaming hours have been utilised. You will not be able to get a refund of a purchased subscription after expiry of first 24 hours.

(b) In case of a Upcoming Monthly Plan, you have an option of claiming cancellation and refund upto a period of 5 days preceding the start of the upcoming plan.

(c) There is no option to seek cancellation and refund of hourly plans.

(d) For seeking cancellation and/ or refund, please reach out to us at support@oneplay.in

13.COPYRIGHT NOTICE

13.1 If you believe any materials accessible on or from our website infringes your copyright, you may request removal of those materials (or access to them) by submitting written notification to team@oneplay.in

13.2 The written notice must include substantially the following:

13.2.1 A physical or electronic signature of an owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

13.2.2 Identification of copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

13.2.3 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 us to locate the material on our website.

13.2.4 Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, email address at which the complaining party may be contacted.

13.2.5 A statement that the complaining party has 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.

13.2.6 A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of owner of a right that is allegedly infringed.

14.GAMES AVAILABLE THROUGH OUR WEBSITE

14.1 We are a cloud provider, not a content provider, so you can only run the games that you already own. You will not be able to run a game if you haven’t bought it from the official distributor. When you run a game on our website you must comply with all applicable third-party rules related to the use of this game.

14.2 Please check the list of video games available on our website before you buy the subscription. We further do not guarantee availability of any particular game on our website. Games that are available now may become unavailable at any time without notice.

14.3 Third-Party Store Credentials.

14.3.1 Store credentials refer to the login information (username and password) associated with your accounts on third-party platforms (like Epic or Steam) or other online stores, marketplaces, or gaming platforms.

14.3.2 We may store your store credentials securely for the purpose of facilitating the integration and functionality of our services. Storing store credentials enables seamless login and access to your associated accounts through our platform, eliminating the need to repeatedly enter your credentials.

14.3.3 We employ industry-standard security measures to protect the stored store credentials from unauthorized access, misuse, or disclosure. We utilize encryption and other appropriate security technologies to safeguard your data. However, it is important to note that no method of transmission or storage is entirely secure, and we cannot guarantee absolute security of your store credentials.

14.3.4 You are responsible for maintaining the confidentiality of your store credentials and for any activities that occur using your account. You agree to promptly notify us if you suspect any unauthorized access to your account or any breach of security.

14.3.5 If you wish to delete the stored store credentials, you can do so by selecting the option on the platform to delete your data. Deleting the stored store credentials may require you to re-enter your credentials when accessing associated accounts through our platform.

14.3.6 By continuing to use our services, you expressly consent to the storage of your store credentials as outlined in these terms and conditions.

15.PERFORMANCE AND CONFORMITY

15.1 We can ensure the best experience of using our website only if our servers are located close to you. We never guarantee that our website will work well in your area.

15.2. Our Website is based on emerging technologies with many issues still to be improved. You acknowledge that the problems in its operation can occur beyond our reasonable control and may require an underdetermined period of time for improvement. You agree not to raise non-conformity or similar claims if you are not satisfied with our performance or if its operation is faulty or differs from advertising and other related materials.

15.3 Our Website may be unavailable in full or in part for an indefinite period of time in certain areas.

15.4 We inform you that our website is sensitive to your digital environment and its performance may vary depending on your hardware, software, and network.

15.5 The requirement for using oneplay is mentioned in this section: https://www.oneplay.in/system requirement.html

15.6 The requirements to game controllers:

15.6.1 Use computer mice and keyboard connected via USB. You can use wireless controllers, but we hereby inform you that it may increase response time or jitter.

15.6.2 Use Sony DualShock 4; Microsoft Xbox 360 (only wire connection) and Xbox One; Logitech Gamepad F310/F510/F710. You may use other gamepads, but we do not guarantee seamless operation.

15.6.3 To reduce response time, use wire connection.

15.7 The requirements to Internet connection:

15.7.1 Online streaming automatically configures depending on your Internet connection. The quality of your Internet connection defines the quality of the image you observe on the screen and the latency you experience.

15.7.2 Full HD/60 fps gaming requires at least 20-25 Mbps stable Internet connection available for the gaming session.

15.7.3 The most efficient gaming experience is possible with at least 25 Mbps stable Internet connection available for the gaming session.

15.7.4 Use a wired Internet connection (Ethernet) or a 5 GHz Wi-Fi router. Connect to the router directly via Ethernet cable. If you use a laptop or MacBook with no Ethernet port, use an Ethernet-adapter that can be connected via USB Type 2.0/3.0, Type-C or Thunderbolt. Make sure your Internet channel is not overloaded and there are not many devices connected. With a 2.4 GHz Wi-Fi router you may have problems with our performance.

15.7.5 Ping to our servers should not be more than 20 milliseconds. Otherwise, you are likely to have poor gaming experience. Log in to your Oneplay account and make a speed-test to check this.

15.7.6 If you have an ADSL connection, we do not guarantee seamless experience with us and you are likely to face issues with its operation.

15.7.7 If your hardware, software, network or any other part of your digital environment do not comply with these requirements, you may experience problems with our operation and performance, such as big latency & response time, poor image quality, lagging, freezing, jitter, unexpected streaming termination, unavailability of the services, etc.

15.7.8 You will not raise non-conformity or similar claims if our operation is faulty or appears to be worse than announced by us if such lack of conformity arises out of your digital environment features.

15.7.9 Our services are available on smartphones. This functionality is in the test mode and you acknowledge that you are informed of possible failures in its operation. You agree not to file non-conformity or similar claims in case of poor performance of our services on smartphones. The requirements to smartphones:

  • 2 GB or more of running memory;
  • Android 5.0. or later;
  • Bluetooth or USB On-The-Go (OTG);
  • the latest version of Google Chrome;
  • H.264 hardware decoding.
  • iPhone-users : we are not yet started our support for iPhone users, we will notify you when we are available for the same

15.7.10 The requirements to gamepads:

15.7.10.1 The general requirement is a Bluetooth or OTG connection. The performance may vary from one gamepad to another. The following gamepads show the best compatibility with us:

  • Xbox One Bluetooth;
  • Xbox 360 (only wire connection);
  • Sony DualShock 4.

15.7.11 We also recommend using a gamepad clip.

15.7.12 Multiplayer and online gaming experience may be worse sometimes than a single player due to increased load on the network.

15.7.13 On the Downloads page of our website you can download BETA applications for Windows, Mac OS for MacBook's, Android (smartphone) and Android TV (for Smart TVs based on certified Android TV operating system). Android/Android TV apps are distributed for free on Google Play Market. All applications are in BETA, they are NOT OFFICIALLY RELEASED. You may experience issues with their operation and agree not to raise any non-conformity or similar claims with regard to your use of the applications.

16. MISCELLANEOUS

16.1 We reserve all rights not expressly granted by these Terms.

16.2 These Terms shall be governed by and construed in accordance with the laws of India. Unless otherwise determined by the applicable law, in the event of any dispute, the courts or other relevant authority located in Mumbai shall have exclusive jurisdiction.

16.3 We may transfer, assign or delegate our rights to our affiliates and other third parties.

16.4 Wherever possible, each provision of these Terms shall be interpreted in such manner as to be effective and valid under applicable law. If any term, provision, covenant or restriction of these Terms is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, while such term, provision, covenant or restriction shall be deemed reformed to the extent necessary to conform to applicable law and to give the maximum effect to its initial intent.

16.5 Our failure to exercise any right or provision of these Terms will not operate as a waiver of such right or provision.



© 2023 RainBox Media Pvt Ltd. All Rights Reserved.

Disclaimer: Steam©, Valve & Steam software are all property of the Valve Corporation.Steam & Steam logo are trademarks and/or registered trademarks of Valve Corporation. Origin©,Origin software are all the property of Electronic Arts Inc. Ubisoft©, Ubisoft Connect software are all the property of Ubisoft Entertainment SA. All trademarks are property of their respective owners in the US and other countries.

OnePlay has a Grievance Officer to address your concerns regarding data safety, privacy, and other Platform usage concerns. You may contact the, Grievance Officer at any of the following:

Address: 14th Floor, Hindustan C, Bus Stop, 247 Park, Lal Bahadur Shastri Marg, Gandhi Nagar, Vikhroli West, Mumbai, Maharashtra 400079

Email: grievance@oneplay.in

Note - Kindly send all user related grievances to the above mentioned email ID, in order for us to process and resolve the same in an expeditious manner