PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS APPLICATION OR CREATION OF IN-GAME ACCOUNT OR PLAYING THE GAME OF CRICKET PREDICTION SUPER6, WHICH IS A GAME OF SKILL, WITH REAL MONEY WINNINGS FROM THIS APPLICATION, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (hereinafter referred to as the “Agreement”, for the sake of brevity) governs your use of this Application “SUPER6”, licensed to you by “SUPER6 FANTASY SPORTS PRIVATE LIMITED” having Corporate Identification Number U62099GJ2025PTC159869 and having its place of business at “C – 1008, Rajyash Rise, Near Vishala Hotel, Near APMC Market, Sarkhej Road, Ahmedabad – 380 007, Gujarat, Republic of India” (hereinafter referred to as the “Company”, for the sake of brevity) to play the game of CRICKET PREDICTION, a Game of Skill which requires your analytical skills and thorough research, with real money winnings and other related services in relation thereto, on this Application, and your in-game account, or your participation in the game of prediction in any or each pool under the over, as available on this Application, vis-à-vis the live cricket match (hereinafter collectively referred to as the “Services”, for the sake of brevity).

The Hon’ble Supreme Court of India as well as Hon’ble High Courts of Punjab & Chandigarh, Bombay, Rajasthan have given rulings with observations that fantasy sports which require preponderance of considerable skill, knowledge, condition of cricket match, which carry substantial influence upon the outcome of the success, are to be considered a game of skill. The Courts have further opined that playing fantasy sports requires the user to have knowledge of the skills of the players and condition they play in as well as the knowledge of rules and regulations factoring into the success of the play.

This Agreement includes, and incorporates by this reference, the policies and guidelines as inculcated in this Agreement. By installing, accessing or using the Application in any manner or by using any content or information through the Application, you shall be deemed to have read, understood, accepted and agreed to be bound by and complied with this Agreement and the “Game Rules” which may be distinct / common rules, at the discretion of the Company, applicable to each category of pool being organized and offered in the Application, including without limitation, demo pool / practice pool and as provided under the “Game Rules” section of this Application. You, further, warrant and agree that you shall be bound by and comply with the Company’s Privacy Policy as available at the “Privacy Policy” under the Application, and all other guidelines as well as rules applicable to the Company’s services. Such rules and guidelines along with the Game Rules, the License and the Privacy Policy are hereby incorporated by reference into this Agreement. The person who installs, accesses or uses the Application accepts and agrees to be bound by the terms of this Agreement shall be referred as “you” or “user” or “player” in this Agreement.

The Company, however, reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on the Application. The Company shall alert you to the effect that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement shall be effective immediately after it is posted on this Application. Your use of the Application, following the posting of any such changes or of a revised Agreement, shall constitute your acceptance of any such changes or revisions. The Company encourages you to refer this Agreement whenever you visit the Application to make sure that you understand the terms and conditions governing use of this Application. This Agreement does not alter, in any way, the terms or conditions of any other written Agreement you may have with the Company for the game, as offered by the Company, inclusive of the demo pool / practice pool.

You acknowledge and agree that it may result in disqualification, closure of your in-game account, forfeiture of real money winnings, or suspension of balance amounts in the wallet i.e., “Deposit Account” under your in-game account and / or legal action against you in case you fail to abide by the terms of this Agreement. If you have any questions as regard to the terms of this Agreement, the Company encourages you to seek the advice of the Company prior to gaining access to the Application and / or the services thereof, as the case may be. If you do not agree to this Agreement, including any referenced policies or guidelines or License or Privacy Policy or Gaming Rules, please select “DO NOT ACCEPT” or terminate your use of this Application with immediate effect and the Company shall not grant you the License to the Application or the Company shall suspend / terminate your use of the Application and / or License subject to applicable terms of this Agreement, as the case may be. In such situations, you should not use or attempt to use the Application and / or the services of the Company.

You acknowledge and agree that this Agreement constitutes a legally binding agreement between you and the Company along with each of its officers, directors, agents, employees, consultants, suppliers, vendors and affiliates and governs the Company’s relations with you; in relation to the Application. If you would like to print this Agreement, please click the “print” button on your browser toolbar.

1. ELIGIBILITY AND LEGALITY

• a) That you may use or access the Application only if you are residing within the geographical territory of Republic of India, except certain states as mentioned under sub-clause (b) hereunder, and are 18 years or older, and are capable of forming a binding contract with the Company, and are not barred from using the Application under the applicable law. If you are under 18 years of age, you must obtain the consent of your parent or legal guardian and your parent or legal guardian must agree to this Agreement for themselves and on your behalf in order for you to access the Application or play the game on this Application. You shall not be permitted to access this Application or play the game on this Application without such consent and agreement.
• b) That the Company may restrict, modify, or limit your access to certain features of the Application or the entire Application depending on the territory in which you are located. You, however, acknowledge and accept that the features of this Application are not accessible to users who are having domicile in the state of:
  • i) Andhra Pradesh;
  • ii) Assam;
  • iii) Nagaland;
  • iv) Sikkim; and
  • v) Telangana
• c) That the Company makes no representation or warranty with respect to the legality or otherwise of accessing and use of the Application from the geographical location of your territory and it shall be solely and exclusively your responsibility to determine whether such accessing and usage of the Application, by you, is legal in consonance with the applicable laws of your jurisdiction. The Company hereby warrants that the access to the Application is not intended to enable you to contravene any applicable law.
• d) That you acknowledge and agree that if you are not eligible by age and / or not legally competent to individually enter into Indian Rupee transactions through banking channels of the Republic of India, you are prohibited from participating in any or each pool with real money winnings under the Application.
• e) That you acknowledge and agree that this game of CRICKET PREDICTION, as available on the Application, is for entertainment only and your participation in such a game of skill is solely for your own personal enjoyment and not for any professional use.
• f) That you acknowledge and agree that your participation in any or each pool under the Application shall be at your own sole option, discretion and risk.
• g) That you acknowledge and agree that you shall keep the information, as pertaining to your in-game account, secret and confidential and shall not allow anyone else to utilize it. You shall be required to deposit money in the “Deposit Account” under your in-game account if you wish to play the game of cricket prediction, a game of skill, with real money winnings. However, money deposition is not required if you wish to play the demo pool / practice pool and you may participate in the demo pool / practice pool without utilizing the account balance of your “Deposit Account” under your in-game account.

2. IN-GAME ACCOUNTS

• a) That you acknowledge and agree that by creation of the in-game Account in the Application, you hereby confirm your acceptance of the Agreement as well as the License, the Company’s Privacy Policy, the Game Rules and the referenced policies or guidelines.
• b) That in order to access this Application and in order to play the game on this Application, you shall be required to create an in-game account. You may be able to create your game account using an existing account, which you may have with the Company, if any, with your email address or your mobile number. You acknowledge and agree that the Company shall access your certain personal information such as your email address, mobile number, name, postal address, date of birth, Permanent Account Number, Aadhar Card number etc. for the creation of your game account. Further, you hereby warrant that you have provided your accurate, complete and up-to-date information, to the Company, for the creation of your in-game account. You acknowledge and agree that if you fail to provide your accurate information to the Company, the Company reserves the right to suspend or terminate your in-game account with immediate effect. However, you are required to contact the customer support team of the Company in case you wish to make amendments to any of your personal information as available with the Company. In such cases, the Company may make modifications to your personal information subject to receipt of legitimate documents, as are necessary, to the satisfaction of the Company.
• c) That you acknowledge and agree that it shall be your responsibility to protect the information of your in-game account. The Company shall not ask any details as regarding the credentials of your in-game account, except as may be required at the time of log-in, by you, to your in-game account.
• d) That you acknowledge and agree that you shall not disclose your in-game account username or password, as the case may be, to anyone and shall notify the Company, immediately, upon any unauthorized use of your in-game account. You acknowledge and agree that you are responsible for any or all activities that occur under your in-game account, whether you know or do not have any information about them.
• e) That you acknowledge and agree that you shall use your in-game account solely for the purpose of playing the game of CRICKET PREDICTION, a game of skill, on the Application and for money deposits in the “Deposit Account” under your in-game account and to access the “basic points / premium points / jackpot points” earned in the participated pools during a live cricket match and to access the previous track of successful prediction in the same live cricket match as well as to keep a track of “total real money winnings / winning amount” and to access the “unutilized deposit amount” inclusive of “discount point worth” (equivalent to amount of GST charged to the user) as well as “promotional bonus”, if any, and to access the “referral bonus” earned upon reference; which you may have to carry out in connection with availing the services of the Company in the Application. You agree that your ingame account may result in immediate termination, inclusive of forfeiture of “money winnings” or “discount point worth” or “promotional bonus” or “referral bonus” or suspension of “unutilized deposit amount” in the in-game account, in case you use or attempt to use your in-game account for any reason other than what is stated in this Agreement.
• f) That you acknowledge and agree that you shall not permit or allow any other person to access your in-game account or to play any category of pool from your in-game account. You specifically understand and agree that the Company shall not incur any liability as against the information, provided by you, to anyone which may result in your in-game account on the Application being exposed or misused by any other person.
• g) That you acknowledge and agree that you are required to get in touch with the Company at the contact address, as mentioned in this Agreement, in the event if your in-game account is suspended or invalidated, for any reason whatsoever, and you wish to reinstate your in-game account. In such cases, the Company may ask you to provide further documents as may be required by the Company to its satisfaction. The Company shall reinstate your in-game account within a period of seventy-two (72) hours after the receipt of such required documents and after the verification of your in-game account to the satisfaction of the Company. The Company, however, reserves the right at its sole discretion to not to reinstate your in-game account whereby the Company shall inform you, in writing, regarding its decision along with the reasons thereof.
• h) That you understand that the in-game account shall enable you to access your earned points in the participated pool, which shall determine your possibility to win real money if you emerge out as one of the “top three” highest point winners by utilizing your skill of successful prediction vis-àvis the other users in that pool. The in-game account shall be created without incurring any expenses but you shall be required to deposit money in the “Deposit Account” under your in-game account if you wish to participate in any pool to play this game of skill with real money winnings. However, you shall be required to present a copy of your Aadhar Card as well as your Permanent Account Number (PAN) Card to the Company, at the time of making the first-ever money deposit in the “Deposit Account” under your in-game account.
• i) That you acknowledge and agree that you shall be responsible to pay “Goods and Service Tax” (GST) @ 28% (Twenty Eight percent) at the time of making money deposits into your “Deposit Account” under the in-game account. However, the Company shall furnish you “Discount Point Worth” equivalent to the deducted GST amount; which shall be reflected in your “Deposit Account” under the in-game account. You shall be at liberty to utilize the “Discount Point Worth”, as available in your “Deposit Account”, while participating in any or each pool subject to the maximum of 30% (Thirty Percent) of the participating amount for such pool.
• j) That the “unutilized deposit amount” in your “Deposit Account”, inclusive of “Discount Point Worth” and / or “Promotional Bonus” and / or “Referral Bonus” and / or “unclaimed winning amount” in your “Winning Account”, may be used to play the game of CRICKET PREDICTION in the Application. You shall be awarded basic points / premium points / jackpot points upon each correct prediction of every delivery of the over with that of the live cricket match, which would be reflected in your in-game account in the Application. The in-game account shall have the purpose, inter alia, of allowing the user to access the basic points / premium points / jackpot points earned in the participated pools during a live cricket match and to access the previous track of successful prediction in the same live cricket match as well as to keep a track of total real money winnings by a user. You acknowledge and agree that the basic points / premium points / jackpot points shall not accrue any right to real money in favor of the user and to any obligation or liability against the Company. The basic points / premium points / jackpot points are convertible into real money in accordance with the provisions set forth under this Agreement.
• k) That the Company reserves the right to close the in-game account of the user, without the obligation to indicate the reason thereof and at its discretion, or where the user withdraws himself / herself from participation for a period of more than six months or where the user has unsubscribed the registration of the Application. With the closure of the in-game account, the Agreement, as well as the License, shall be deemed to be terminated. In such a case, if any unclaimed winning amount stands to the credit of the departing user for want of submission of the requisite documents or for any other reason whatsoever, the said unclaimed winning amount shall not expire and the departing user is advised to contact the customer support team of the Company to claim the said winning amount.

3. POOL SIZE, POINTS AND WINNINGS

• a) Pool Size: That the users may participate in each over of the match or in different overs of the match or in only one over of the whole match, as per his own choice and convenience. Further, different categories of pool are designated under a single over, based upon the participation amount, and the users may join any such pool as and when it becomes accessible in the Application or all the pools as per their choice and convenience. The user would be able to submit his / her prediction by making the payment of participation amount designated to the said pool. A pool shall be consisted of maximum 100,000 users or such number of users as may be decided by the Company at its sole discretion.
• b) Points: That the users shall be awarded points for the successful prediction of all the available deliveries, of the pool, having options as:
  • • i) Runs scored (0 runs to 8 runs) on any individual delivery;
    • ii) Fall of wicket on any individual delivery;
    • iii) Declaration of wide-ball on any individual delivery;
    • iv) Declaration of no-ball on any individual delivery;

  The users shall be awarded Basic Points on each successful prediction as:

  • v) 600 basic Points shall be awarded on successful prediction of (6) runs on any delivery;
  • vi) 500 basic Points shall be awarded on successful prediction of (3) runs on any delivery;
  • vii) 400 basic Points shall be awarded on successful prediction of (4) runs on any delivery;
  • viii) 200 basic Points shall be awarded on successful prediction of (2) runs on any delivery;
  • ix) 50 basic Points shall be awarded on successful prediction of (1) run or (0) run on any delivery;
  • The users shall be awarded Premium Points on each successful prediction as:
  • x) 2000 premium Points shall be awarded on successful prediction of (8) runs on any delivery;
  • xi) 1000 premium Points shall be awarded on successful prediction of (7) runs on any delivery;
  • xii) 900 premium Points shall be awarded on successful prediction of wicket on any delivery;
  • xiii) 800 premium Points shall be awarded on successful prediction of no-ball on any delivery;
  • xiv) 700 premium Points shall be awarded on successful prediction of Wide-ball on any delivery;
  • xv) 700 Premium Points shall be awarded on successful prediction of (5) runs on any delivery;
• c) Jackpot Points: The users shall also be awarded Jackpot Points on each successful prediction as:
  • xvi) 3000 Jackpot Points shall be awarded on successful prediction of all the six deliveries of the pool;
  • xvii) 1500 Jackpot Points shall be awarded on successful prediction of 5 deliveries out of the six deliveries of the pool;
  • xviii) 1000 Jackpot Points shall be awarded on successful prediction of 4 deliveries out of the six deliveries of the pool.
• d) Winnings: That the Company shall declare three winners of each individual pool on the basis of the maximum points earned; at the end of each respective pool. The consolidated winning amount shall be the accumulated participation amount, paid by the users, at the time of submitting prediction for each individual pool. The First Winner shall be awarded with 30% of the accumulated participation amount, Second Winner shall be awarded with 20% of the accumulated participation amount and the Third Winner shall be awarded with 10% of the accumulated participation amount, whereas the Company shall retain 40% of the accumulated participation amount with itself as Service Charge.

4. PARTICIPATION AMOUNT

• a) That with the participation in any pool or in multiple pools simultaneously, as the case may be, the user shall be required to make payment of the participation amount designated to the said respective pool. The participation amount of each respective pool may vary and be shown to the user before taking part in such pool. If there is not enough balance in the “Deposit Account” under the ingame account of the user, the user shall not be allowed to participate in the pool and may be asked to top-up the “Deposit Account” before proceeding with the game of CRICKET PREDICTION. Further, the Company reserves the right to set the limit of participation amount involving for each individual pool in advance.
• b) That the Company shall maintain the “Deposit Account” under in-game account, for you, to keep records of all your money deposits as well as to illustrate the “unutilized money deposits” i.e., the current balance in your “Deposit Account”.
• c) That all transactions in the Application shall be in Indian Rupees. All amounts in the “Deposit Account” under your in-game account may be designated as “INR” in abbreviated terms.
• d) That you acknowledge and agree that the Company shall handle and regulate all financial transactions undertaken in the “Deposit Account” under your in-game Account. You further hereby acknowledge and agree that the Company reserves the right to withhold any money deposits in the “Deposit Account” under your in-game account, in case the Company has reasons to believe or has any suspicion that you may be engaging in and / or the particular transaction is being engaged in any fraudulent, collusion, unlawful or improper activity or activities, as the case may be.
• e) That you acknowledge and agree that all the money deposits, credited into the “Deposit Account” under your in-game account and being maintained by the Company, shall exclusively be for the purpose of participation in any or each pool under the Application.
• f) That you acknowledge and agree that the Company is not in the business of soliciting deposits and any money deposits actually available and / or credited in the “Deposit Account” under your in-game account shall not be constituted as “deposits” as defined under the Companies Act, 2013 and the applicable rules thereunder.
• g) That you acknowledge and agree that you cannot transfer back any of your “Deposit Account” balance to its linked bank account, debit card or credit card, as the case may be, and / or to the “Deposit Account” of any other user in the Application except as may be permitted by the Company and subject to restrictions and conditions as may be prescribed.
• h) That you warrant that credit card, debit card, prepaid card, internet banking payments and other payment modes are processed through third party payment gateways and also require an authorization by the intermediary which processes payment. Further, you acknowledge and agree that the Company shall not be responsible for delays or denials in processing of payments, by such intermediary and / or third party payment gateways, which shall be solely regulated by the terms of their policies and procedures without any responsibility or risk at the end of the Company. You additionally acknowledge and agree that the Company shall not be held liable or responsible in any manner whatsoever in case the confirmation of money deposits in your “Deposit Account” is delayed or declined by such intermediary and / or third party payment gateways or for any other reason/s beyond the control of the Company.
• i) That you acknowledge and agree that the Company reserves the right to suspend your in-game account if you have “charged back” or have attempted to “charge back” or have denied any of the money deposits into the “Deposit Account” under your in-game account. With the suspension of the in-game account, the Agreement as well as the License shall be deemed to be terminated. In such a case, you may be required to approach the Company if you want to re-instate your in-game account or to claim the “unutilized money deposits” in the “Deposit Account” under your in-game account or to claim the winning amount, as the case may be, subject to the provisions of Clause 2(g) of this Agreement.
• j) That you are free to deposit as much money as you want in the “Deposit Account” under your in-game account for the purpose of participating in any or each pool under the Application. However, the Company advices you to play responsibly in the Application. You acknowledge and agree that you are aware that participation in the game of CRICKET PREDICTION, though a game of skill as offered in the Application, with real money winnings may result in financial loss to you.
• k) That the Company warrants that the user funds, under the “Deposit Account”, are being held in a separate bank account and the Company keeps all such funds unencumbered and such funds shall be awarded to the winner/s subject to the terms as applicable to the claim of winning amount. The Company, further, warrants that the user funds are being held separately from the Company’s management, administrative and corporate funds.
• l) That you acknowledge and agree that the money deposits in the “Deposit Account” under your in-game account shall not accrue interest in favor of the user.

5. GAME RULES

• a) That subject to the provisions of Clause 3(b) of this Agreement, the Company hereby offers you the special privileges to utilize your optimum analytical skills and thorough research and to emerge out as one of the “top three” highest point winners, vis-à-vis the other users, by successfully predicting the outcome of each upcoming delivery/ies of the participated pool with that of the live cricket match:
  • i) the user shall have the option to participate in multiple pools, with distinct participation amount, under a single over.
  • ii) the user shall have the option to participate with maximum of three (03) entries, in a single pool.
  • iii) the user is required to predict all the available six deliveries before submission.
  • iv) the user is required to make prediction of the very first over of every inning; till the first delivery of the said over is being started to be delivered in the live cricket match.
  • v) the user is required to make prediction of the upcoming over; till the completion of the fourth (4 th) delivery of the running over in the live cricket match.
  • vi) the user shall have the liberty to modify his prediction in respect of the participated pool/s under an over, as many times as he wants, till the closure of prediction time-limit for that over.
• b) That notwithstanding anything contained in the foregoing paragraph, the user hereby acknowledges and agrees that:
  • i) the user shall have the option or liberty to make prediction of only first six deliveries of the pool. Any additional delivery/ies shall not be available for prediction where an over in the live cricket match carries more than six deliveries for any reason whatsoever.
  • ii) the user acknowledges and agrees that the very first pool of every inning shall get opened for prediction before two (2) hours of the first delivery of that over being delivered in the live cricket match.
  • iii) the user acknowledges and agrees that only the first noball or wide-ball would be considered as a delivery in a pool and any subsequent no-ball or wide-ball would not be considered as a legal delivery in the said pool; for the purpose of this Application.
  • iv) the user acknowledges and agrees that a pool shall automatically gets suspended if the participating players, for that pool, are less than 30% (thirty percent) of the allocated size. In such a case, the Company shall immediately refund the participation amount into the “Deposit Account” under the in-game account of the user.
• c) Live Match Interruption: That the Company shall notify the users outrightly in case the live cricket match is interrupted due to rains or any other natural calamity. In such a situation, the basic points / premium points / jackpot points shall be awarded till the last completed pool before the live match interruption and the winners shall be declared accordingly. When the live cricket match resumes, the game of prediction shall re-open for the remaining pools with intact six deliveries. In case the user has made payment for the suspended pool, the Company shall immediately refund the participation amount for such suspended pool into the “Deposit Account” under the in-game account of the user.
• d) Game Interruption: That the Company shall not be responsible if the game of prediction is interrupted prematurely due to a technical failure or server related issues. In such a case, the subject pool shall be deemed to have ended which cannot be resumed and thereby, the contributed participation amount shall be refunded into the respective “Deposit Account” under the in-game accounts of the users / players. However, in the event a user disconnects from the game for any reason whatsoever, he / she shall be disqualified from such particular pool and his / her participation amount shall be forfeited and be distributed in the winnings of the declared winners for the said pool.

6. CLAIM OF WINNING AMOUNT

• a) That subject to the provisions of Clause 3(d) of this Agreement, the winning amounts to be awarded in each pool shall be decided on the basis of the accumulated participation amount for the said pool, which shall be shown to the users at the time of declaration of winners for that pool.
• b)That the user, if declared winner, shall be under obligation to present a photocopy of his / her PAN (Permanent Account Number) card along with a copy of any Government approved Identity Card, if required. The winner / user acknowledges and agrees that the Company is authorized to verify the legitimacy of the user before making any payment, for security reasons.
• c) That you acknowledge and agree that the Company shall have no responsibility, liability or obligation if the said documents, as provided by you, are not correct. In such a case, the Company reserves the right to suspend your in- game account. However, any unclaimed winning amount stands at your credit, for want of submission of the requisite documents or for any other reason whatsoever, shall continue to remain at your credit and you are advised the contact the customer support team of the Company to claim such unclaimed winning amount. Nevertheless, the Company shall provide you forty eight (48) hours to submit the legitimate documents to the satisfaction of the Company. The Company reserves the right to forfeit such unclaimed winning amount if you fail to provide the legitimate documents within the stipulated time or such extended time at the sole discretion of the Company.
• d) That the winner / user acknowledges and agrees that payment of the real money shall be made through a bank transfer to the credit of the bank account as provided by the user at the time of creation of the in-game account. The Company shall check the legitimacy of the bank account at the time of making the payment and that the user’s name in the bank account stands in consonance with the name as reflected in the PAN card of the user. You further acknowledge and agree that the payment shall be made within a period of forty eight (48) hours to seventy two (72) hours after the request to claim the winning amount is received by the Company.
• e) That you acknowledge and agree that all the disbursement of the winning amount shall be governed by the following conditions:
  • i) the user shall be required to place a request, to the Company, in order to claim the winning amount subject to the provisions of sub-clause (e)(ii) of this Clause. The said winning amount would be reflected in the “winning account” section under the in-game account in the Application.
  • ii) the user shall be at liberty to place the request to claim the winning amount as long as the claimed amount is greater than Rs100/- (Rupees One Hundred only) subject to the maximum of Rs1,00,000/- (Rupees One Lac only) on any given day. However, the user may also submit request to claim the winning amount exceeding Rs1,00,000/-, but it may take processing time of 24 – 48 hours depending upon the standard Indian banking working hours.
  • iii) the Company shall process all the requests of claiming winning amount from 10.00 AM to 10.00 PM on daily basis. Upon successful processing, the Company shall debit the requested amount from the user’s “Winning Account” and transfer it to the bank account as provided by the user.
  • iv) all the payments, against the requests of claiming winning amount, shall be securely transferred by the mode of NEFT (National Electronic Funds Transfer) which normally takes about 2 – 3 hours to get credited into the recipient’s account but may take longer hours subject to the processing speed of the transferring bank or the third party payment gateway. The user hereby agrees and understands that NEFT transactions are processed in batches from 8.00 AM to 7.00 PM on all working days excluding 2nd and 4th Saturdays, Sundays and Public Holidays. The user hereby further agrees that such transactions may attract processing fees as may be charged by the transferring bank or the third party payment gateway, as the case may be.
  • v) the disbursement of the winning amount shall be subject to “Tax Deducted at Source” (TDS) @ 30% (Thirty Percent), in compliance with the provisions of sub-clause (h) hereto.
  • vi) the disbursement policy, of the Company, shall be subject to periodical review and the policy, as may be applicable from time to time, shall be notified to you by making an amendment or modification in the Agreement and / or the License and / or at the time of declaration of winners and / or at the time of claiming the winning amount.
  • vii) the Company shall utilize its best endeavor to process the disbursement in a timely manner, but there could be delays due to the time required in verification process of submitted documents and / or any technical error from the disbursing bank. You acknowledge and agree that the Company shall not be liable to pay you any form of compensation or the interest thereupon for the reason of delays in disbursement of winning amount.
• f) That if you have gained access to the Application while residing within the geographical territory of Republic of India, but you are not an Indian citizen, the Company shall disburse your winning amount to your bank account provided that you comply with the terms of this Agreement and / or the License and / or the Privacy Policy and / or the Game Rules as well as the relevant provisions of the Reserve Bank of India and Foreign Exchange Management Act.
• g) That you acknowledge and agree that Company shall deduct Tax Deducted at Source (TDS) on the winning amount in compliance of tax policy of Republic of India, as amended from time to time, and as applicable for the Application. You understand and agree that the Company shall not make any payment of the winning amount unless you submit your PAN (Permanent Account Number) to the Company. The Company hereby makes it plain and clear that the Company shall neither advise you nor be in any manner responsible for your individual tax matters.
• h) That subject to the provisions of Clause 6(e) hereto, TDS shall be deducted from the Net Winnings (NW) for the purpose of disbursement of claimed winning amount; as per the following calculation:
  • i) calculation at the time of First Claim during the Financial Year:
    • NW = A – (B + C); wherein
    • A = Claimed Winning Amount;
    • B = Total Money Deposits in the “Deposit Account” till the time of claim exclusive of transferred deposit, if any;
    • C = Balance Amount in the “Deposit Account” at the beginning of the Financial Year (Opening Balance).
  • ii) calculation at the time of Each Subsequent Claim during the Financial Year:
    • NW = A – (B + C + D); wherein
    • A = otal Claimed Winning Amount inclusive of the current claim amount;
    • B = otal Money Deposits in the “Deposit Account” till the time of current claim exclusive of transferred deposit, if any;
    • Balance Amount in the “Deposit Account” at the beginning of the Financial Year (Opening Balance);
    • D = NW in earlier claims during the Financial Year Until the current claim, if TDS has been deducted on such NWs.
  • iii) calculation at the time of closing of Financial Year:
    • NW = (A + E) – (B + C + D); wherein
    • A = Total Claimed Amount during the Financial Year;
    • B = Total Money Deposits in the “Deposit Account” during the Financial Year exclusive of transferred deposit, if any;
    • C = Balance Amount in the “Deposit Account” at the beginning of the Financial Year (Opening Balance);
    • D = NW in earlier claims during the Financial Year, if TDS has been deducted on such NWs;
    • E = Unclaimed Winning Amount.
• i) That you acknowledge and agree that TDS @ 30% shall be deducted on NW in case you have unclaimed winning amount in the “Deposit Account” at the end of the Financial Year, as calculated above, and the resultant balance amount in the “Deposit Account” shall be the “Closing Balance” for the said Financial Year and the “Opening Balance” for the following Financial Year.
• j) That you acknowledge and agree that you shall be entirely responsible for all taxes, fees and other incidental costs arising from your game-play and from your winning- amount, resulting from the use of the Application.
• k) That you acknowledge and agree that the Company shall not disburse the winning amount if the Company has received any Order, Award, Judgement or Directions from a competent Court of Law, Arbitrator, Tribunal or any other authority which directs the Company to hold the winning amount in respect of any in-game account. In such circumstances, the Company shall release such winning amount in accordance with such Order, Award, Judgement or Directions, as the case may be.
• l) That the Company advises you to contact the customer support team or write to us following the procedure given in “Contact Us” section of the Application, in case you have any queries or concerns in respect to the claim of winning amount. However, the Company is not obliged to entertain the user if the said user approaches the Company to cancel his / her claim request pursuant to its confirmation.

7. PROMOTIONS AND BONUSES

• a) That the details of various promotional activities, along with its eligibility and applicable conditions, by the Company may be found in the “Deposit Account” section of the Application. The Company may, from time to time, communicate information about the future promotional activities, if any, in the Application.
• b) That the Company reserves the right to cancel or discontinue or modify the terms of the current or future promotional activity at any time, without notice, and at its discretion without any liability whatsoever of the Company.
• c) That you acknowledge and agree that the Promotional Bonus credited by the Company into your “Deposit Account” under the in-game account shall only be used for the game-play in the Application.
• d) That you acknowledge and agree that the Company reserves the right to reclaim any Promotional Bonus if you fail to utilize them, either in full or in part, within the time period of 90 (Ninety) days, as stipulated under the “Deposit Account” section of the Application, from the day it was credited.
• e) That you acknowledge and agree that the Promotional Bonus is not a matter of right and it shall be designated into your “Deposit Account” at the sole discretion of the Company.
• f) That the Company reserves the right to offer Promotional Bonus and / or promotional activities or special invitations to selective users of the Application. The Company is not under obligation to disclose the criteria by which the users are selected for such offers.
• g) That you acknowledge and agree that Promotional Bonus is unique to the respective in-game account of the user and are, therefore, non-transferable. If the Company has reasons to believe or if you attempt to transfer any such amounts to any other in-game amount and / or user, the Company shall forfeit such Promotional Bonus with immediate effect and your in-game account shall stand suspended or terminated.

8. SERVICE CHARGE

• a) That by the act of money deposits in the “Deposit Account” under the in-game account as well as by making payment of participation amount in the pool, the user declares to provide the right to the Company towards service charge out of the consolidated participation amount in the individual pool as well as distinguished demand for compensation for damages and / or conventional fine, if any.
• b) That the Company shall charge the Service-Charge of Forty (40) percent from the consolidated participation amount in the individual pool. However, the Company shall not charge any Service Charge in respect of any suspended pool following the interruption of live cricket match due to rains or any other natural calamity or if any respective pool is interrupted prematurely due to any technical failure or server related issue or where the Company decides to refund the participation amount back into the “Deposit Account” under the in-game account of the user.
• c) That you acknowledge and agree that the Service Charge, being charged by the Company, do not include any fees or charges, including applicable taxes, payable to third party associates for the purpose of services being offered by such third party associates in the Application. You hereby agree that you are under obligation to settle the charges of such third parties.

9. LOYALTY REWARDS

• That the Company may award with the loyalty rewards as stipulated under the “Loyalty Program” section of the Application. The loyalty rewards shall be subject to such terms as specified under the “Loyalty Program” section; which forms a part of this Agreement. However, the Company reserves the right to alter, amend and modify the terms of the “Loyalty Program” or discontinue the “Loyalty Program” altogether without notice, at its discretion, and without any liability whatsoever of the Company.

10. USER REPRESENTATIONS AND RESPONSIBILITIES

• a) That you represent and warrant that you have full knowledge of the game of cricket and that you have undertaken thorough research of the game of cricket and that you have analytical skills to get yourself associated with the game of CRICKET PREDICTION, a game of skill, with real money winnings, in the Application, and you are voluntarily participating in any or each pool under the selected over, in the Application, vis-à-vis the live cricket match as and when it becomes accessible in the Application, as offered by the Company through this Application, and thereby assume all responsibility for and risk resulting from your participation, including the risk of financial loss, and / or of any consequences resulting from the participation whether it occurs before, during or after the period of playing of the game in the Application.
• b) That you represent and understand that your participation in the game, as available in the Application, shall not create any obligation on the Company to declare you, as a matter of right, a winner or furnish any winnings or payouts. You acknowledge and agree that any winnings shall entirely depend on your analytical skill as a player vis- à-vis the other users of the Application, subject to the “Game Rules” as provided in the Application.
• c) That you represent and warrant that you shall not hold the Company liable for not being able to play in any specific pool or specific multiple pools, as the case may be. This may include, without limitation, the situations where you are unable to log-in into your in-game account due to any technical issue or your in-game account is pending validation after the creation of in-game account or your in- game account is suspended and / or terminated for violation of any of the terms of this Agreement and / or the License and / or the Privacy Policy and / or the Game Rules, as the case may be.
• d) That you represent and warrant that you shall be solely responsible for the prediction, opinions, advice and / or recommendations displayed or sent by you in the Application, including in the Company-to-user chat box, if any, or any other interactive features which are offered as part of the Application. You understand and accept that the Company reserves the right to record any and all such contents without any liability on the part of the Company.
• e) That you represent and warrant that you shall not transfer your rights, under this Agreement, in any way whatsoever to any other user or entity without prior written consent of the Company.
• f) That you represent and warrant that you shall be solely responsible for the supply and maintenance of all the devices, telecommunication access services and internet access services which you may require in order to gain access of the Application. You acknowledge and agree that the Company shall not be liable in any manner whatsoever for any losses, caused to you, by the internet as well as telecommunication service provider which you have engaged in order to gain access of the Application.
• g) That you represent and warrant that you shall not utilize the Application in such a way that would affect the Company adversely or reflect negatively on the Company and / or the third part associates of the Company or any related service provider/s of the Company or the game under the Application or discourage any person from using all or any part of the features of the Application.
• h) That you represent and warrant that you shall not break-in or circumvent the security standards of the Application or attempt to break-in or circumvent the security standards of the Application and / or access or attempt to access the in- game account of any other user of the Application. You acknowledge and agree that in such cases, the Company reserves the right to terminate or suspend this Agreement and / or the License, with you, with immediate effect. The Company, further, reserves the right to take appropriate legal actions, against you, in such circumstances.
• i) That you represent and agree that you shall be responsible for payment of any taxes, like Goods and Service Tax, duties or governmental levies that may be imposed on the services of the Company in connection with the Application.

11. ACCESSING THE SERVICE

• That the Application and / or the Services of the Company shall be accessible 24 hours a day throughout the whole year. However, the accessibility of the Application and / or the Service shall be subject to the Company shutting down the Application, in whole or in part, for any period the Company deems appropriate to enable the update or the technical maintenance of the Application, or for any other reason that the Company deems fit at its sole discretion.

12. CHEAT DETECTION SOFTWARE

• That the Application may have in-built mechanisms designed to prevent granting one user an unfair advantage over other users. The Company reserves the right to add or update its Cheat Detection Software periodically as the Company requires at its sole discretion. The Cheat Detection Software shall collect and transmit details about your in-game account, game-play, and unauthorized programs or processes in connection with cheating, subject to the Company’s Privacy Policy and the applicable law. In the event that the Company, at its sole discretion, concludes that you are cheating, the Company shall exercise any or all of its rights under this Agreement which may include termination of this Agreement, with you, and your access to the game under the Application.

13. USER RESTRICTIONS

• a) Cheating: That you warrant that you yourself shall play the game of CRICKET PREDICTION for which you have created your in-game account, through the Application, and shall not use any form of external assistance to play the said game of skill. You acknowledge and agree that you shall not add unauthorized components, create or use cheats, exploits, bots, hacks, external player assistance, “auto”, “trainer”, “script” or “macro” computer programs or artificial intelligence software or software applications or any other third party software designed to modify the Application or use any third party software that intercepts, mines or otherwise collects information from or through the Application or through any services of the Company or provide any ancillary offering to the Application that are not offered within the Application by default, such as, hosting, “leveling services”, mirroring game servers, matchmaking, emulation, communication redirects, or any other automated control of the game under the Application.
• b) Collusion: That you warrant that you shall not form any team and / or form collusion between you and any other user for participating in any specific pool or specific multiple pools being offered by the Company, through the Application. You acknowledge and agree that the Company reserves the right to suspend or terminate the in-game account of any user, with immediate effect, in case any user attempts to or colludes with any other user while utilizing the services of the Company or while playing the game of skill through this Application.
• c) That the Company reserves the right to investigate complaints received against any user being suspected of collusion. If the Company suspects of a collusive behavior during a running pool or active pools, the Company shall, in its exclusive discretion, terminate the said user from participating in the running pool or active pools, as the case may be, with immediate effect and the suspected user’s access to the game or his / her in-game account or Application be blocked temporarily or permanently subject to the outcome of the investigation process. In such a situation, the Company shall not be liable for any losses which such user may accrue as a result of the said collusive activities.
• d) Money Laundering: That you represent and warrant that you shall not undertake any activity in the Application that may construed as money laundering, including, without limitation, using false identification documents to create in- game account, attempting to withdraw deposit amounts from any user’s utilized or unutilized in-game account balance, colluding with other users in the same pool and funneling to funds through multiple in-game accounts.
• e) Anti-Spamming: That you represent and warrant that you shall not transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and / or similar destructive device, or corrupted data in relation to the Application, and / or organize, participate in or be involved in any way in an attack on the Company’s servers and / or the Application and / or those of its service providers and third party associates and / or spam the Company-to-user chat-box, if any, either for personal or commercial purposes, or by disrupting the flow of conversation with repeated postings of a similar nature.
• f)Multiple IDs: That you acknowledge and agree that your registration in the Application shall be restricted to single in-game account in order to avail the services and / or to play the game as offered by the Company. You hereby warrant that you shall not create multiple in-game accounts in the Application.
• g) That you acknowledge and agree that you shall not create a username or upload, transmit, publish, post or communicate any material or content in the Application, which, in the sole and exclusive discretion of the Company, is believed or deemed to be offensive, including but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, libelous, defamatory, intimidating, disparaging, obscene, sexually explicit, invasive of privacy or racially, ethnically, violent, bullying, or threatening or promotes violence, terrorism, incitement to commit criminal offence or actions that are containing hatred, threatening to any person or entity, hurting religious sentiments or pornography or otherwise objectionable or aimed at soliciting donations or other form of help or violates the intellectual property of any user, any person or any legal entity or disparages the Application in any way that would affect the Company adversely or reflect negatively on the Company or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, services, the game under the Application or discourage any person from using all or any part of the feature of the Application or promotes a competing service, game, product or application or violates any applicable law.
• h) That you acknowledge and agree that you shall not decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application or remove, alter, disable, circumvent or obscure any proprietary notice, including any notice of copyright or trademark, or other authorship and origin information, or labels contained on or within this Application, in relation to the Company or make any modification, adaptation, improvement, enhancement, translation, reproduce or create derivative work from the Application or of the Application.
• i) That you acknowledge and agree that you shall not hyperlink the Application to any website and / or application without the prior written approval of the Company.
• j) That you acknowledge and agree that you shall not modify, distort, block, abnormally burden, disrupt, slow down and / or hinder the normal functioning of all or any part of the Application, or its accessibility to other users, or the functioning of the third-party networks on the Application, or attempt to do any of such acts.
• k) That you acknowledge and agree that you shall not impersonate another user of the Application, or attempt to get password or details of in-game account of another user of the Application, or other personal information about another user of the Application or any other confidential information.
• l) That you acknowledge and agree that you shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your in-game account, content, points, standings, rankings, ratings, bonuses, winnings, or any other attributes appearing in, originating from or associated with the Application.
• m) That you acknowledge and agree that you shall not indulge in any fraudulent activity including, but not limited to, attempting to use or using any financial instruments, of other user of the Application, such as credit cards, debit cards, net-banking usernames, passwords, authorization codes, prepaid real money cards, payment wallets, mobile phones for making payment into the “Deposit Account” under your in-game account.
• n) That you acknowledge and agree that the Company reserves the right, at its sole discretion, to remove any or all material or comments posted by you if such material or comments are defamatory or detrimental to the interests of the Company or its business.

14. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

• a) Right to Application: That you acknowledge and agree that the Application, its title, ownership rights and all copyrights, designs, patents, trademarks, trade secrets, moral rights, performance rights, media rights, publicity rights and other intellectual property rights associated therewith including, without limitation, all text, graphics, music or sounds, all messages and items of information, names, fictional characters, themes, objects, images, photographs, sceneries, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, button icons, logos, domain names and any other elements which are parts of the Application individually, or in combination, and any and all copies thereof are, and shall remain, the exclusive property of the Company or the third party, as the case may be. You acknowledge and agree, further, that the source code and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of the Company. You are not granted any intellectual property rights in or to the Application by way of implication or other legal theory, except as specifically mentioned in this Agreement and / or the License, and all rights in and to the Application not expressly granted in this Agreement and / or the License are hereby reserved and retained by the Company.
• b) That you acknowledge and agree that the Application is solely for your personal, non-commercial use and shall be used exclusively in accordance with the License granted under the “End User License Agreement”. You further acknowledge and agree that you shall not copy any or all parts of the Application and no right, title or interest in any content, material or software is transferred or extended to you as a result of your usage of the Application.
• c) That you acknowledge and agree that the Company has granted you a limited, revocable, non-exclusive, non- transferable, without right to sub-license, rent or lease, either in whole or in part, non-commercial license exclusively for the purpose of accessing the Application and for utilizing the services of the Company and for no other purpose whatsoever.
• d) Third Party Software: That you acknowledge and agree that the Application may utilize or include third party software that is subject to third party license terms (hereinafter referred to as the “Third Party Software”, for the sake of brevity) and you acknowledge and agree that your right to use such Third Party Software as a part of the Application is subject to and governed by the terms and conditions of the third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. Any reproduction or representation of these licensed materials, in any way and for any reason, is prohibited without the express permission of the Company or such third party associates, as the case may be. In the event of any conflict between the terms of this Agreement and the terms of such third party licenses, the terms of the third party licenses shall prevail with regard to your use of the relevant third party software.
• e) That you understand and accept that several deceptive mails, websites, blogs etc., inclusive of Company’s logo, photos, links, contents or other information, claiming to be from or associated with the Company may or are circulating on the Internet. Some of such electronic mails, websites, blogs etc. may call the user to provide username, player ID, password etc. or that the user has won a prize / gift or provide a method to commit illegal / unauthorized act or deed or request detailed personal information or a payment of some kind. The Company hereby declares that the sources of contents of such electronic mails, websites, blogs etc. as well as accompanying materials are in no way associated with the Company. The Company hereby advices and recommends you to not respond to such electronic mails and / or refrain from using such websites, blogs etc. The Company hereby warrants that the Company shall contact you about the Services, availed by you, in the Application or to inform you about the Company’s services by utilizing the information as provided by you to the Company.
• f) Company’s Marks: That you acknowledge and agree that you are not authorized to use the Company’s trademarks in any advertising, publicity or in any other commercial manner without the prior written permission of the Company, which may be withheld for any or no reason.
• g) Copyright Restrictions: That you acknowledge and agree that the Company’s name, logo and graphics that represent the Application shall not be used in any commercial manner whatsoever without the prior written permission of the Company. The Company retains sole and exclusive ownership of all rights, title and interest in and to the Application and all Intellectual Property rights relating thereto.

15. TERM AND TERMINATION

• a) Term: That this Agreement shall be effective from the date you download or use the Application, as the case may be, until terminated in accordance with the terms of this Agreement and / or the License.
• b) Termination: That the Company may, in its sole and absolute discretion, at any time and for any or no reasons, suspend or terminate this Agreement and the rights afforded to you hereunder with or without any prior notice. In case you fail to comply with any terms and conditions of this Agreement, then this Agreement and any rights afforded to you hereunder shall terminate automatically and immediately, without any notice or other action by the Company and upon such termination, you shall cease all use of the Application and destroy all copies of the Application supplied under the Agreement and / or the License and uninstall the Application.

16. CONSEQUENCES OF BREACH

• a) That in the event of breach of any of the terms of the Agreement and / or the License, being resulted from the investigation process of the Company, or if it reasonably appears that the continued access to the Application, by any user, is detrimental to the interests of the Company or to other users of the Application; the Company may, at its sole discretion, take any or all of the following actions:
  • i) restrict the game-play in respect of users being suspected of collusion or cheating;
  • ii) suspend permanently the user’s in-game accounts in the Application;
  • iii) forfeit any winnings or promotional bonus amounts as available in the user’s in-game account;
  • iv) demand damages for such breach and / or appropriate legal action to recover such damages;
  • vi) initiate prosecution for violation, that amounts to offence, of law.
• b) That the Company reserves the right to temporarily suspend or put restrictions upon your access to the Application, during the course of investigation process, for any of the following reasons:
  • i) suspected breach of security of the user’s in-game account;
  • ii) any alleged or actual money laundering activities concerning the user’s in-game account in the Application;
  • iii) any unauthorized use of the Application from the user’s in-game account;
• c) That you acknowledge and agree that the decision of the Company, as mentioned in this clause or otherwise, on the action to be taken as a consequence of breach shall be final and binding on you. Any such action shall be without prejudice to the other rights, of the Company, as available in law or in equity. Further, the Company reserves the right to bar a user from any future registration, of the Application, in the event of any material breach.

17. CONFIDENTIALITY

• That you acknowledge and agree that you shall keep confidential all confidential information provided by the Company in respect of any special offer to the selective users. For the purpose of this Agreement, “Confidential Information” shall mean and include all information provided by the Company to you, on this Application, unless such information is already on the public domain or has subsequently becomes public other than due to your breach of this confidential obligation/s.

18. DISCLOSURE OF FRAUDULENT ACTIVITIES

• That you acknowledge and agree that if you are found, in the Company’s sole determination, to have cheated or attempted to defraud while participating in any specific or in specific multiple pools as available in the Application, the Company, other users of the Application, or the third party associates, in any way but not limited to game manipulation and / or payment fraud and / or if you are found making untrue or malicious statements with regard to the Company’s operations in any media or forum, the Company reserves the right to publicize your actions together with your identity and e-mail address as well as circulate the information, as pertaining to your fraudulent activities, to other online gaming sites, banks, credit card companies, law enforcement departments, and other appropriate agencies. In such situations, the Company also reserves the right to suspend or terminate your in-game account with immediate effect. The Company may also initiate appropriate legal proceedings, against you, for the recovery of any fees or conventional fines due to the Company by you.

19. RESERVATION OF RIGHTS

• a) That save as provided and without prejudice to the foregoing clauses under this Agreement and / or the License, the Company reserves the right at its sole discretion, to:
  • i) refuse to register any application for registration of the Application;
  • ii) change, suspend, remove, modify or add any game of skill in the Application;
  • iii) conduct background checks on you, including credit checks, with any third party credit and financial institutions, to verify the information provided by you;
  • iv) withhold or decline any winning amounts or amend any policy if the Company suspects that you are abusing or attempting to abuse any promotional activities, or promotional bonuses, or loyalty rewards, or special policy or rules in respect of any specific over or specific multiple overs, as the case may be.

20. DISCLAIMER OF WARRANTY

• THAT YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION IS AT YOUR SOLE RISK AND DISCRETION TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW. THE COMPANY AND ITS THIRD PARTY ASSOCIATES HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, CONDITIONS, WARRANTIES AND GUARANTEES REGARDING THE APPLICATION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY OR ORAL OR WRITTEN, AND INCLUDING, WITHOUT LIMITATION, ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY, OR SECURITY, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ITS MARKET VALUE OR YOUR SATISFACTION. FURTHER, THE COMPANY MAKES NO WARRANTY THAT 1) THE APPLICATION SHALL MEET YOUR REQUIREMENTS; 2) THE APPLICATION SHALL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; 3) THE QUALITY OF THE GAME, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION SHALL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; 4) ANY ERRORS IN THE APPLICATION SHALL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTEE OF THE COMPANY. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE APPLICATION TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE APPLICATION.

21. LIMITATION OF LIABILITY

• a) THAT UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF NEGLIGENCE OR BREACH OF STATUTORY DUTY, SHALL COMPANY OR ITS THIRD PARTY ASSOCIATES, AS THE CASE MAY BE, BE LIABLE FOR ANY DIRECT, INDIRECT, ACCIDENTAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR PECUNIARY LOSS, WHETHER IN TORT OR OTHERWISE, LOSS OF CONTRACT, MISREPRESENTATION WHETHER INNOCENT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE OF SERVICES OF THE COMPANY OR THIS APPLICATION OR ANY THIRD PARTY SERVICE, OR ANY LOST PROFITS YOU ALLEGE, WHETHER OR NOT THE DAMAGES OR LOSS OF PROFITS WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• b) That without limiting the generality of the foregoing, you hereby acknowledge and agree that the Company shall not, except as specified herein, be liable to you for i) any defamatory, undesirable or illegal conduct of any other user of the Application, ii) any loss incurred in transmitting information to the Company or to the Application by the internet or by any other connecting media, iii) any technical failures, breakdowns, defects, delays, interruptions, improper or manipulated data transmission, data loss, or communication infrastructure failure, or any other adverse technological occurrences arising in connection with your access to the Application, and iv) your activities or transactions on any third party applications accessed through links or advertisement posted in the Application.

22. INDEMNIFICATION

• That in consideration of being allowed to access the Application and / or the services of the Company, you hereby agree to indemnify, defend and hold harmless the Company and each of its respective officers, directors, employees, agents, shareholders, information providers, affiliates, assigns, third party associates, other users of the Application, or any other individual or legal entity from and against any claims or alleged claims, liabilities, proceedings, losses, damages, fine, penalty, interest, cost and expenses, including, without limitation reasonable attorneys’ fees and expenses, of third parties relating to or arising, directly or indirectly, out of or in connection with the following:
  • a) your access to or use of the Application or the breach of the terms of this Agreement, or breach of your warranties, representations and obligations under this Agreement;
  • b) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity;
  • c) your violation of any provisions of this Agreement;
  • d) your use or misuse of the Application;
  • e) your negligence or willful misconduct;
• These obligations shall survive any termination of the Agreement.

23. PRIVACY

• That the Company strongly believes in protecting its user’s privacy and thereby providing you with its notice pertaining to the use of data. Please refer the Company’s “Privacy Policy”, incorporated by reference herein, which is posted on the Application.

24. NOTICE

• That all correspondence, writings, statements, legal notices or other communication required or permitted to be given hereunder this Agreement shall be given, made or communicated, by the Company, by way of electronic mail and / or registered mail or certified mail at the address, provided by you, in your latest membership profile and / or at the time of registration of your in-game account. Any such communication shall be deemed to delivered and received, by you, after the expiry of 24 hours from the dispatch of such electronic mail. Except as explicitly stated otherwise, any such communication shall be served on the Company by personal delivery, courier or certified mail at the address as stated under the introduction hereinabove.

25. ASSIGNMENT

• That you agree and acknowledge that you shall not assign your rights and obligations, under this Agreement, to anyone. However, the Company reserves the right to assign its rights and obligations under this Agreement to any one or any entity in its sole discretion and without any advance notice to you.

26. THIRD PARTY LINKS

• That the Company hereby declares that the content viewed through any third-party advertisement links is not endorsed in any manner by the Company. The Company shall not be liable or responsible in any manner whatsoever for the content provided through such third-party advertisement links. Further, the accuracy of the content provided through such third-party advertisement links including, but not limited to, infringement of any valid and existing trademarks, service marks, copyrights, or patents or of any applicable law, has not been verified by the Company and the Company provides no warranties with respect to the same. Any information collected on websites / applications visited through such third-party advertisement links is subject to the privacy policies of such third-party websites / applications and any website or information accessed following such third-party advertisement links shall be at your own risk. Additionally, the Company shall not be responsible for any sort of transmission whatsoever, received by you, through such third-party advertisement links.

27. WAIVERS

• That except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement, or by law, shall not be constituted as a waiver of that right or requirement or affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach. Waiver of a right or requirement shall be considered to have taken place only after signing of a written statement to the effect by the Company or by the user.

28. MISCELLANEOUS

• a) That you understand that the Company may be required, under certain legislations, to notify users of certain event. You hereby acknowledge and agree that such notices shall be effective upon the Company posting them on the Application.
• b) Force Majeure: That the Company shall not be deemed to be in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations from causes out of its reasonable control due to, but not limited to, earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, riots, embargoes, acts of civil or military authorities, armed conflict, accidents, Company’s infrastructure failure, labor strike, lockout, boycott or shortage of transportation facilities, fuel, energy, labor or materials.
• c) Entire Agreement: That this Agreement comprises the entire Agreement between you and the Company and thereby, supersedes any prior agreements pertaining to the subject matter contained herein.
• d) Severability: That if any Court of competent jurisdiction or competent authority finds that any provisions of this License is invalid, illegal or unenforceable with respect to a party or otherwise, that provision of part-provision shall, to the extent required, be deemed to deleted, and the remainder of this Agreement, or the application of such provisions to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provisions of this Agreement shall be valid and enforceable to the fullest extent permissible by law. The invalid or deleted provisions may be amended with the necessary modifications in order to make it legal, valid and enforceable to reflect the Company’s initial intentions.
• e) Headings: That the headings, under this Agreement, are for reference only and in no way define, limit, construe or describe the scope or extent of such Clause.
• f) Amicable Resolution: That if any dispute or claim arises from or in connection with this Agreement, or your access to the Application or use of the Company’s services, the relevant parties shall resolve the dispute by amicable negotiations.
• g) Arbitration:That all disputes arising from or in connection with this Agreement, or your access to the Application or use of the Company’s services, where such disputes are not resolved through amicable negotiations, the relevant parties shall refer such dispute to arbitration in the first instance. There shall be a single arbitrator, mutually decided by the relevant parties, and the proceedings thereof shall be conducted at Ahmedabad, Gujarat, Republic of India in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or amendment or re-enactment thereof.
• h) Injunctive Relief: That either party may seek injunctive or other equitable relief against the other party in any Court of competent jurisdiction prior to or during the process of amicable negotiation or the arbitration proceedings.
• i) Waiver of Class Action Rights: THAT BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THIS AGREEMENT SHALL BE ASSERTED INDIVIDUALLY.

29. GOVERNING LAW, DISPUTE RESOLUTION AND JURISDICTION

• a) That this Agreement and the Application, including the Application content and / or the License and / or Privacy Policy and / or the Game Rules, shall be interpreted in accordance with the laws of Republic of India.
• b) That this Application originates from the city of Ahmedabad, Gujarat and this Agreement shall be governed by the laws of Republic of India. Neither you nor the Company shall commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in Courts located in the city of Ahmedabad, Gujarat. By using this Application, you consent to the jurisdiction of such Courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.

30. COMPLAINTS

• That if you have any complaint, you should in the first instance contact the customer support team of the Company or write to us following the procedure given in the “Contact Us” section of the Application. Complaints should be made as soon as possible after circumstances arise that cause you to have a complaint. You accept and warrant that any complaints and disputes are and remain confidential both whilst a resolution is sought and afterwards. You agree that you shall not disclose the existence, nature or any detail of any complaint or dispute to any third party. The Company shall make efforts to resolve complaints within a reasonable time. You agree that the Company’s decision on the complaints shall be final and binding on you. The Company shall not be obliged to respond to any complaints that are not submitted in accordance with this clause, including any complaints on the social media platforms.