TDS on Winnings
As per section 194B of the income tax act, all the winnings over and above Rs 10,000 will be subject to a TDS of 30%. With cess and surcharge, the effectual rate will be 31.2%. This TDS is supposed to be deducted by the company or organisation distributing the prize money.
Income from the following sources will be subject to a flat TDS of 31.2%.
- Game Shows or any such shows on electronic media
- Online Gaming
- Lottery (both online and offline)
- Gambling (Both online and offline)
- Race Bettings
- Puzzles (Crossword puzzles)
There are a few important points to note
- No Tax Refund on the TDS: Usually, the taxpayers are subject to a tax refund in case the TDS portion is more than their tax liability for a particular financial year. However, in the case of such winnings, taxpayers cannot claim any refund against this TDS amount.
- No Deductions on the Winnings: Usually, a taxpayer can claim deductions under Section 80D or 80C to reduce the taxable income and hence tax liability. However, no such deductions can be claimed to reduce the winnings. A TDS of 31.2% is charged irrespective of the deductions you are eligible for.
- The Income Earned: While the income tax liability on your regular income would depend on the tax-slab you are part of, all the winnings from lottery and game shows attract a non-refundable TDS of 31.2%. Thus, whether you come in the nil bracket or the highest “30%” tax slab as per your taxable income, all the winnings will attract a flat TDS of 31.2%.
Non-Cash/Cheque Gifts
For gifts received in-kind such as a car or a flat, a TDS of 31.2% will have to be paid by the receiver before taking the possession of such a gift. For instance, if you won a car worth Rs 5,00,000 in a lucky draw, you will have to pay a TDS of 31.2% on the car, which is 1,56,000. In some cases, the company distributing such a gift may choose to absorb the TDS liability.Total Tax Liability on Other Income
For tax purposes, income from such game shows is counted separately than the rest of the income. Thus, the tax liability on the rest of the income is calculated separately as per the taxable income, deductions, and the income tax slab. Let us understand this with an example.Let's assume, Ravi won Rs 5,00,000 from a quiz show, and his income from his salary is Rs 15,00,000 after all the deductions. His tax outgo in that year will be in two parts. The first is the TDS on winnings under section 194B, of Rs 1,56,000 (5,00,000 X 31.2%). The second will be his tax liability on his taxable income of Rs 15,00,000 as per his income tax slab.
Winnings from such game shows and lotteries come under “Income from Other Sources” in your tax returns. While you have to let go 31.2% of your earnings in case the wins are more than Rs 10,000, the income received after TDS is not taxed again.
How is Online Gaming Taxed Under Income Tax Act?
Online rummy, poker, and other games with real money have recently seen a real-time increase in popularity. Since individuals have started purchasing smartphones and personal computers, which provide them with the freedom and capacity to live in this brand-new virtual world full of opportunities, the online gaming market has experienced phenomenal growth.While players like playing cards, poker, as well as sports games, to mention a few, for the thrill, businesses see it as an opportunity for significant profits. This has also given the participants the chance to investigate a brand-new avenue for making money while relaxing in their homes. Today, a lot of people choose to become professional gamers. Tax must also be incorporated in this situation because making money is a factor.
TDS or Tax Deducted at Source shall be deducted in accordance with Section 194 B of the IT Act if income is received through winning crossword puzzles, card games, lotteries, quiz shows, dancing and singing contests, and Internet gaming. However, the profits from these games must be greater than Rs. 10,000.
If you've won games, contests, or lottery, then you should be aware of Section 194 B's requirements, who is in charge of deducting TDS, how to calculate how much TDS to deduct, and the repercussions of not doing so.
Section 194 B requires that income tax be withheld from a lottery, crossword, and other comparable game winnings before they are paid out. This is only valid after the winnings reach Rs. 10,000. On winnings above this amount, a TDS of 30% is now applicable. After surcharge and cess are taken into account, the total income tax charged is 31.2%. The business or organisation that distributes prizes is in charge of withholding TDS.
How are winnings from game shows and lotteries taxed?
Lottery and game show winnings are calculated differently from your other income. These gains are classified as "Income from other sources." It's important to include online game tax while filing income taxes. Take a look at the example below:Mukesh has a yearly income of Rs. 2 Lakhs and has made Rs. 30,000 from playing video games online. His income is less than the minimum exemption amount of Rs. 2.5 Lakhs. Mukesh must nevertheless pay 31.2% in taxes, including cess, on Rs. 30,000. However, beyond that point, no expense or deduction will be permitted to be allocated to incomes like these. It should be noted that if the prize money goes above and beyond Rs. 10,000, then the organisation giving it would be compelled to deduct TDS. In accordance with Section 194 B of the IT Act, this deduction will be 31.2%.
Keep in mind that the beneficiary must disclose the TDS amount when submitting the yearly Income Tax Return.
The government should pay more attention to TDS in online games. For instance, Manish just won a camera valued at Rs. 120,000 in an online gaming contest. Before awarding the reward to the winner, the distributor of the prize must pay the 31.2% tax levied on the camera. Either the distributor will pay the tax or obtain it from the winner.
Keep in mind that the total tax should be computed on the cash amount and the market value of the tangible object presented as a reward if the award is made in the form of cash or another tangible thing. The tax amount must be subtracted when awarding the winner with the cash portion of the prize. The distributor of the prize or the winner shall be responsible for covering any shortfall if the cash award is insufficient to satisfy the entire tax liability.
What should we keep in mind regarding TDS under Section 194 B?
- Regardless of a taxpayer's tax bracket, the entire 31.2% TDS is levied.
- No income tax deductions may be made to offset lottery and crossword puzzle winnings.
- TDS is deducted from financial winnings when you get both cash as well as rewards.
- If the prize money is paid to you in instalments, then TDS will be deducted when the payer makes those payments.
- Online gaming winnings are also incorporated into this category.
- The company hosting such activities will require PAN as well as bank account information from players and participants in these games.
- Refunds for TDS payments made under Section 194 B are not available.
Is there any tax refund for winning the lottery?
No, the TDS paid on winnings from the lottery and game shows cannot be transferred. When the TDS deduction surpasses the taxpayer's tax liability for a certain assessment year, the taxpayer is typically entitled to a refund. In spite of this, TDS paid on lottery winnings cannot be returned.What sets Sections 194 B & 194 BB of the IT Act apart?
Section 194 BB deals only with earnings from horse races, whereas Section 194 B covers winnings belonging to crossword puzzles, lotteries, and card games, to name a few. On prizes beyond Rs. 10,000, a flat 30% TDS plus surcharges have been levied since 2020.If you win a car for Rs. 10 lakh in a lottery, how will the TDS deduction work?
You must pay the appropriate TDS before receiving any gifts or prizes in kind. If you win a car valued at Rs. 10 Lakhs, then you must pay 31.2% of that amount, or Rs. 3,12,000 in this situation. You must pay this amount out of your own pocket.What payments fall outside the scope of section 194 B?
According to Section 194 B, the following forms of payments are not subject to TDS: In case an agent receives prize money from unsold tickets or unclaimed prizes, then it is considered his/her business income. Therefore, it is ineligible for a Section 194 B deduction. The tax code's Section 194 G, not Section 194 B, will be used to levy tax on lottery agents.- Is winnings from a lottery considered taxable under the income tax laws? Under Section 194B, any person winning the lottery, any game, or a crossword puzzle has to deduct income tax. exemptions are given if the winning amount is less than Rs. 10,000. While filing the income tax return, the prize money won must be disclosed under ‘income from other sources.’ the winner of the lottery must also submit the TDS certificate as proof that all the taxes due against the prize money are paid.
- How is the tax on winnings from game shows calculated? Under Section 194B/194BB of the Income Tax Act, before distributing the winning amount to the winner, the TDS needs to be subtracted from the winning amount. However, if the winning amount is less than Rs. 10,000, then it is exempted from TDS.
- Are online gaming winnings considered taxable in India? The tax laws for winning from games and lottery were made when online gaming was not prevalent. Over the last 10 years, the online gaming industry has seen a massive evolution. The reason for online games can be attributed to smartphones and tablets. The online gaming industry has witnessed massive growth. Real money and prizes are involved in it.
- What is the tax rate for winnings from lotteries and game shows? The tax rate for winning from lotteries and game shows is 31.2%, including cess. Out of this, a 30% tax is applied on winning the lottery and game show which have not received any government approval. The cess rate of 4% is applicable above 30%. The final tax rate becomes 31.2% {30% + (4% of 30%)}.
- Are there any exemptions for tax on winnings from lotteries and game shows? Under Section 58(4), no tax deduction or exemptions can be availed by the person winning from the lottery and game shows. The prize money is considered separate from the regular income and will be taxable.
- How should winnings from online gaming be reported for tax purposes? Online games are becoming more and more popular with the increase in the usage of smartphones, and many online games are easily available.
- Is TDS applicable on winnings from lotteries and game shows? If the prize money is less than Rs. 10,000, then the amount is exempted from tax. However, if it is more than Rs. 1,000, then a TDS deduction of 31.2% is applicable. This needs to be filled in Section 194B of the Income Tax Act. The prize distributor is liable to deduct tax and then hand over the winning amount to the winner. The winning amount is taxable even if the winner's regular income is not taxable. In some cases, the distributor of the prize amount only pays the tax, and this burden is lifted from the winner.
- What is the time limit for reporting and paying taxes on winnings from lotteries and game shows? Section 194 B of the Income Tax Act states that the taxes have to be paid before dispersing the winning amount to the winner. The organiser or the distributor of the prize amount has to ensure that the tax is paid before handing over the prize money to the winner. This tax can be borne either by the distributor or can be deducted from the prize-winning amount of the winner.
A flat 30% TDS is deducted at the time the winning amount is disbursed to the winner. with cess and surcharge, the actual rate for non-refundable TDS deduction will be 31.2%. It does not consider which slab rate the person's income falls into. if the prize money is paid in instalments, then TDS is deducted at the time each instalment is paid.
If the winning prize is in kind (car, mobile etc.), then the prize distributor has to make sure that the tax is paid (as per the market value of the prize) before handing it over to the winner. This can either be recovered by the winner, or the prize distributor can bear the tax liability, and TDS (31.2% of the amount) can be deposited by the distributor.
If the winning prize is in cash and kind, then the total tax will be calculated on the cash prize as well as the market value of the prize given in kind. while given the tax portion, the tax should be deducted. In case the cash prize is less than the total tax liability, then the deficit has to be borne by the prize distributor or the winner.
Section 115BB of the Income Tax Act deals with the provision of any sort of income earned in online gaming. A person who has won an online game should file it under the heading ‘income from other sources’ while filing income tax.
Winning from online games is taxed at 30%, excluding cess. This amounts to 31.2% after adding cess and surcharge. The winner does not get any benefit from the basic exemption limit.
If the prize is in kind, then the market value of the prize will be taxed. This can either be borne by the distributor or the winner depending upon the terms and conditions of the prize-winning.
No exemption or deduction is given even if the won prize money is invested in any saving instrument as mentioned underSection 80C to Section 80U. The only exception to paying tax is that the amount donated partially or wholly to the government is not taxable.
The details of winning online games have to be submitted while filing income tax returns under Section 115BB of the Income Tax Act,1961. While filing IT returns, the income earned from online games should be filed under the heading ‘income from other sources’. The rate of 30% is taxed on winning an online game without cess. The net rate of tax, including cess, would be 31.2%. It is mandatory for winners to disclose the winning amount be it in cash or kind. The tax needs to be deducted at source by the gaming platform that is giving the winning amount to the winner. If the prize is in kind, then the market value of the prize has to be taken into account, and this is taxed.
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This Website may be linked to other websites (including those of ABC Companies) on the World Wide Web that are not under the control of or maintained by ABCL. Such links do not indicate any responsibility or endorsement on our part for the external website concerned, its contents or the links displayed on it. These links are provided only as a convenience, in order to help you find relevant websites, facilities and/or products that may be of interest to you, quickly and easily. It is your responsibility to decide whether any facilities and/or products available through any of these websites are suitable for your purposes. The Facilities Provider or ABCL is not responsible for the owners or operators of these websites or for any goods or facilities they supply or for the content of their websites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external web site to which this web site includes a link infringes the intellectual property rights of any third party).
USE of APP
In case any facilities/services, access/dissemination of information or execution of transaction is done through use of any APP related to ABC Companies, the additional terms and conditions governing the Use of APP shall be applicable and to be read along these Terms of Use.
Postings and monitoring
The Facilities Provider or ABCL or ABC Companies does not routinely monitor your postings to the Website but reserves the right to do so if deemed necessary if it is related to the facilities offered on the web site and to comply with law. However, in our efforts to promote good citizenship within the internet community, if the Facilities Provider or ABCL or ABC Companies becomes aware of inappropriate use of the Website or any of its facilities, any information, opinions, advice or offers posted by any person or entity logged in to the Website or any of its associated sites is to be construed as public conversation only, and the Facilities Provider or ABC Companies shall not be liable or responsible for such public conversation. You agree that in such cases, we will respond in any way that, in our sole discretion, as deemed appropriate. You acknowledge that Facilities Provider or ABC Companies will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, ABC Companies/Facilities Provider will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.
Submissions and unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Facilities Provider, ABCL / ABC Companies and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Website or the use of the Website by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.
We reserve the right to terminate access to this Website at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed Materials.
If you come across any breaches/violation or offensive material you must report to us at abc.secretarial@adityabirla.com
Use of Cookies
You agree and understand that the Website will automatically receive and collect certain anonymous information in standard usage logs through the Web server, including computer/computer resource-identification information obtained from "cookies" sent to your browser from a web server or other means as explained in the Privacy Policy.
Facilities Changes and Discontinuation
The Website reserves the right to discontinue or suspend, temporarily or permanently, the facilities. You agree that the Facilities Provider/ ABC Companies will not be liable to you in any manner whatsoever for any modification or discontinuance of the facilities. The format and content of this Website may change at any time. We may suspend the operation of this Website for support or maintenance work, in order to update the content or for any other reason.
ABCL, ABC Companies, and its directors, employees, associates, or other representatives shall not be liable for any damages or injury, arising out of or in connection with the use, or non-use including non-availability of the Website and also for any consequential loss or any damages caused because of non-performance of the system due to a computer virus, system failure, corruption of data, delay in operation or transmission, communication line failure, or any other reason whatsoever. The Website will not be responsible for any liability arising out of delay in providing any information on the Website.
Compliance with the Law
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programme, algorithm or methodology to access, acquire, copy or monitor the Website, or any portion of the Website.
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines generally available by third party web browsers
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Website or the facilities.
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software, comprising or in any way making up a part of the Website or the facilities.
- You agree not to use the facilities for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.
Restrictions on Commercial Use or Resale
Your right to use the facilities is personal to you; therefore, you agree not to resell or make any commercial use of the facilities. In addition, the Website welcomes your feedback as a user of the facilities. Any feedback you provide will become the confidential and proprietary information of the Website, and you agree that the Website may use in any manner and without limitation, all comments, suggestions, complaints, and other feedback you provide relating to the Website. The Website shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use feedback for any purpose, including but not limited to incorporation of such feedback into the Website or other Website software or facilities.
No Endorsements
All product and facilities marks contained on or associated with the facilities that are not the Website marks are the trademarks of their respective owners. The Website would require you to respect the same. References to any such names, marks, products or facilities of third parties or hypertext links to third party sites or information does not imply the Website’s endorsement, sponsorship or recommendation of the third party, information, product or facilities.
Promotional Offers
You may receive from time to time, announcement about offers with intent to promote this Website and/or facilities/products of ABC Companies (“Promotional Offers”). The Promotional Offer(s) would always be governed by these Terms of Use plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these Terms of Use, to the extent they may be in conflict with these Terms of Use. The Website reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.
Charges for use of Website
There are no charges or fees to be paid by you for use of this Website. However, you are responsible for all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider. You further agree to pay additional charges, if any levied by Third Party Service Provider(s), for the facilities provided by them through the Website (Additional Charges).
No Endorsement
You are advised to be cautious when browsing on the internet and to use good judgment and discretion when obtaining information or transmitting information. From this Website, users may visit or be directed to third party web sites. The Website makes no effort to review the content of these web sites, nor is the Website or its licensors responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites.
In addition, the Website does not endorse or control the content of any other user and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that the Website does not pre-screen content, but that the Website will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via the facilities.
Electronic Communications
These Terms of Use and any notices or other communications regarding the Facilities may be provided to you electronically, and you agree to receive communications from the Website in electronic form. Electronic communications may be posted on the Website and/or delivered to your registered email address, mobile phones etc either by Facilities Provider or ABC Companies with whom the services are availed. All communications in electronic format will be considered to be in "writing". Your consent to receive communications electronically is valid until you revoke your consent by notifying of your decision to do so. If you revoke your consent to receive communications electronically, the Facilities Provider shall have the right to terminate the facilities.
Assignment
You shall not assign your rights and obligations under this Agreement to any other party. The Website may assign or delegate its rights and/or obligations under this Agreement to any other party in future, directly or indirectly, or to an affiliated or group company.
Legal Disclaimers
The information provided on or through the Website is for general guidance and information purposes only and they do not in any manner indicate any assurance or opinion of any manner whatsoever. Any information may be prone to shortcomings, defects or inaccuracies due to technical reasons. Certain information on Website may be on the basis of our own appraisal of the applicable facts, law and regulations in force at the date hereof.
The information (and opinions, if any) contained on the Website may have been obtained from public sources believed to be reliable and numerous factors may affect the information provided, which may or may not have been taken into account. The information provided may therefore vary (significantly) from information obtained from other sources or other market participants. Any reference to past performance in the information should not be taken as an indication of future performance. The information is dependent on various assumptions, individual preferences and other factors and thus, results or analyses cannot be construed to be entirely accurate and may not be suitable for all categories of users. Hence, they should not be solely relied on when making investment decisions. Your investment or financial decision shall always be at your own discretion and based on your independent research; and nothing contained on the Website or in any information would construe ABCL/ABC Companies or any of its employees/authorized representative as having been in any way involved in your decision making process. Any information and commentaries provided on the Website are not meant to be an endorsement or offering of any stock or investment advice.
Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Facilities Provider / ABCL/ABC Companies makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise. Information on this Website sourced from experts or third party service providers, which may also include reference to any ABCL Affiliate. However, any such information shall not be construed to represent that they belong or represent or are endorsed by the views of the Facilities Provider or ABC Companies. Any information provided or sourced from ABCL Affiliate belongs to them. ABCL is an independent entity and such information from any ABCL Affiliate are not in any manner intended or to be construed as being endorsed by ABCL or Facilities Provider. The information does not constitute investment or financial advice or advice to buy or sell, or to endorse or solicitation to buy or sell any securities or other financial instrument for any reason whatsoever. Nothing on the Website or information is intended to constitute legal, tax or investment advice, or an opinion regarding the appropriateness of any investment or a solicitation of any type. Investment in the securities market and any financial instruments are inherently risky and you shall always assume complete and full responsibility for the outcomes of all the financial or investment decisions that you make, including but not limited to loss of capital. You are therefore advised to obtain your own applicable legal, accounting, tax or other professional advice or facilities before taking or considering an investment or financial decision.
No Solicitation
No Information at this Website shall constitute an invitation to invest in ABCL or any ABC Companies. These are meant for general information only or to meet statutory requirements or disclosures. ABCL or any of its employees are in no way liable for the use of the information by you, when making any decision or investing or trading through any investment vehicles or ABC Companies, or any other third party which may be engaged in offering of these services.
The information contained on this Website does not represent and should not be used to construe (i) the terms on which a new transaction would be entered into by ABCL or ABC Companies, (ii) the terms on which any existing transactions could be unwound by ABCL or ABC Companies, (iii) the calculation or estimate of an amount that would be payable following an early termination of any past/existing transactions or (iv) the valuations given to any transactions by ABCL or ABC Companies in their books of account for financial reporting, credit or risk management purposes.
Statutory Disclosure
ABCL and ABC Companies are engaged in a broad spectrum of activities in the financial services sectors. You understand and acknowledge that Aditya Birla Money Limited (‘ABML’), Aditya Birla Finance Limited (‘ABFL’) and Aditya Birla Sun Life Asset Management Company Limited and trustees and sponsor of Aditya Birla Sun Life Mutual Fund (‘ABSLMF’) are group companies and ABML / ABFL also acts as a distributor of ABSLMF. Any recommendation or reference of schemes of ABSLMF if any made or referred on the Website, the same is based on the standard evaluation and selection process, which would apply uniformly for all mutual fund schemes. You are free to choose the execution facilities in the manner deemed fit and proper and no commission will be paid by ABSLMF to ABML / ABFL if you choose to execute a transaction with ABSLMF on the Website, unless otherwise agreed by you and ABML/ABFL separately. Information about ABML/ABFL, its businesses and the details of commission structure receivable from asset management companies to ABML/ABFL, are also available on their respective Website.
Similarly Aditya Birla Money Insurance Advisory Services Limited and Aditya Birla Insurance Brokers Limited are insurance intermediaries and engaged in the distribution of Insurance Products and it may services may include products of Aditya Birla Sun Life Insurance Company Limited and Aditya Birla Health Insurance Company Limited. However there is no conflict on these services and commissions if any payable are in accordance of the extant regulations.
Force Majeure
The Facilities Provider, ABC Companies and any of its Third Party Service Providers shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Indemnification
You agree to protect and fully compensate Facilities Provider, ABCL, ABC Companies, subsidiaries, licensors, suppliers and facilities providers, employees, officers and directors, from any and all third party claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys fees) caused by or arising from your use of the facilities, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
No Waiver
The Facilities Provider, ABC Companies or any of its third party service providers and processor bank/merchants etc. shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing. No delay or omission on the part of Facilities Providers and ABC Companies, in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Exclusive Agreement
You agree that these Terms of Use are the complete and exclusive statement of agreement supersede any proposal or prior agreement, oral or written, and any other communications between you and the Facilities Provider and its Third Party Service Providers or processor bank/merchants relating to the subject matter of these Terms of Use. These Terms of Use, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and the Website and/or the processor bank.
Termination
Either party can terminate this Agreement by notifying the other party in writing. Upon such termination You will not be able to use the facilities of this Website.
Governing Law and Jurisdiction
The Website specifically prohibits you from usage of any of its facilities in any countries or jurisdictions that do not corroborate to all stipulations of these Terms of Use. The Website is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Mumbai having exclusive jurisdiction.
These Terms and Conditions are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.
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