Terms & Conditions of use
(Participation/ User Agreement)
1. Big Cash
Big Cash is the flagship brand of Witzeal Technologies Private Limited ("Company"). Through its website (www.bigcash.live) (“Website”) and its mobile applications (“Application”), both the Website and the Application collectively referred to as "Platform/s", Company is in the business of developing and operating Platforms and is known by its brand name “Big Cash” offering online card, casual and fantasy games.
2. Eligible User/User
"Eligible User” “User” shall mean an individual who:
a) is legally above 18 years of age;
b) currently residing in India;
c) is having a valid phone number;
d) is having a valid PAN card;
• Company may, as per the extant laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Assam, Karnataka, Odisha,Sikkim, Nagaland, Andhra Pradesh, Gujarat and Telangana may not participate in certain games, as the laws of these states are ambiguous/ bar persons from participating in games of skill where participants are required to pay to participate in such online games.
• Only those Eligible Users who have successfully registered on the Platforms in accordance with the procedure outlined as per this policy shall be eligible to participate in the games and win prizes.
3. Usage of Platforms
• Certain Services being provided on Platforms may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are at variance with the additional conditions set down, the additional conditions shall prevail.
• Company may, at its sole and absolute discretion:
• Restrict, suspend, or terminate any Eligible User's access to all or any part of the Platforms or any or all of the Company Services;
• Change, suspend, or discontinue all or any part of the Platforms and/or the Company Services;
• Reject, move, or remove any material that may be submitted by Eligible User;
• Move or remove any content that is available on Platforms;
• Deactivate or delete Eligible User's account and all related information and files on the account;
• Establish general practices and limits concerning use of the Platforms;
• In the event any Eligible User breaches, or has illegally or improperly used the Platform or the Company Services or the Company reasonably believes that such Eligible User has breached these Terms and Conditions, or, the Company may, at its sole and absolute discretion, and without any notice to the Eligible User, restrict, suspend or terminate suchEligible User's access to all or any part of Platforms, deactivate or delete the Eligible User's account and all related information on the account, delete any content posted by the Eligible User on the Platforms and further, takeappropriate steps as it deems necessary.
• The Company may charge itsEligible Users a platform fee (inclusive of applicable taxes) in respect of any Company Services. The Company shall, without delay, repay such platform fee in the event of suspension or removal of the Eligible User's account or such Company Services on account of any negligence or deficiency on the part of the Company, but not if such suspension or removal is effected due to:
• any breach by the Eligible User of any of these Terms and Conditions; or
• any circumstances beyond the reasonable control of the Company.
• Users expressly consent to receiving communications on but not limited to these - whatsapp , sms , email , voice call , telegram such as announcements, administrative messages and advertisements from the Company or any of its partners, licensors or associates.
4. Intellectual Property
• The name “Big Cash”, the Platforms which includes without limitation a combination of content created by the Company, its partners, affiliates, licensors, associates and/orEligible Users. The intellectual property rights in all software underlying the Platforms and material published on the Platforms, including (but not limited to) games, contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, ("Intellectual Property Rights") is owned by the Company, its partners, licensors and/or associates.Eligible Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Platforms either in whole or in part without express written license from the Company.
• Eligible Users and/or any other person may request permission to use any of the content by taking a written permission from the Company.
• Eligible Users are solely responsible for all content (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on the Platforms ("EligibleUser's Content"). EachEligible User represents and warrants that he/she owns all Intellectual Property Rights in the Eligible User's Content and that no part of the Eligible User's Content infringes any third-party rights.Eligible Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Platforms.
• Eligible Users agree to indemnify and hold harmless the Company, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platforms, by suchEligible User or through the Eligible User's commissions or omissions.
• Users hereby grant to the Company and its affiliates, partners, licensors and associates a royalty-free, non-exclusive, sub-licensable license worldwide, irrevocable, right to use, reproduce, create derivative works of, distribute, publicly perform, transferand/or publishEligible Users' Content for any of the following purposes:
• DisplayingEligible Users' Content on the Platformexcept personal identifiable information.
• Storing Eligible Users' Content in a remote database accessible by end Eligible Users, for a charge.
• DistributingEligible Users' Content, either electronically or via other media, to otherEligible Users seeking to download or otherwise acquire it, and/or
• This license shall apply to the distribution and the storage ofEligible Users' Content in any form, medium, or technology.
5. Third Party Sites, Services and Products
• The Platformmay contain links to other internet sites owned and operated by third parties. Eligible Users' use of each of those sites is subject to the conditions, if any, posted by the sites. Company does not exercise control over any internet sites apart from its own website/s and cannot be held responsible for any content residing in any third-party internet site. Platform’s inclusion of third-party content or links to third-party internet sites is not an endorsement by the Company of such third-party internet site.
• Eligible Users' correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the Eligible User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party.Eligible User agrees that the Company will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.
• Platformcontains content that is created by the Company as well as content provided by third parties. Company does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Eligible Users in utilizing the Company Services provided on the Platform including while participating in any of the contests hosted on the Platform.
7. User Conduct
• restricting, suspending, or terminating any Eligible User's access to all or any part of Company Services;
deactivating or deleting an Eligible User's account and all related information and files on the account. Subject to the then applicable policy or at company’s discretion any amount remaining unused in the Eligible User's game account or winnings account on the date of deactivation or deletion may be forfeited on account of resorting to unfair/unscrupulous and or illegal means during gameplay.
• Eligible Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by the Company).Eligible Users further agree to update and keep updated their registration information.
• An Eligible User shall not register or operate more than one user account with the Platforms.
• Eligible Users agree to ensure that they can receive any communication from the Company by marking e-mails or sending SMSs from the Company as part of their "safe senders" list. Company shall not be held liable if any e-mail/SMS remains unread by an Eligible User as a result of such e-mail getting delivered to the Eligible User's junk or spam folder.
• Eligible Users are responsible for maintaining the confidentiality of their accounts and passwords.Eligible Users agree to immediately notify the Company of any unauthorized use of their passwords or accounts or any other breach of security. In any of such cases, the Company won’t be responsible for any of the losses incurred by the Eligible User.
• Eligible Users agree to exit/log-out of their accounts at the end of each session. Company shall not be responsible for any loss or damage that may result if the Eligible User fails to comply with these requirements.
• Eligible Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with Company Services and/or Company experience or assist in such activity.
• Eligible Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Platforms or CompanyServices.
• Eligible Users agree that without Company’s express written consent, they shall not modify or cause to be modified any files or software that are part of Company Services.
• Eligible Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt Company Services or any other person's use or enjoyment of Company Services.
• Eligible Users shall not attempt to gain unauthorised access to any of the User accounts, Servers or networks connected to Company Services by any means other than theinterface provided by the Company through the Platforms, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Company Services.
• Without limiting the foregoing,Eligible Users agree not to use the Platform for any of the following:
• To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
• To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
• To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
• To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, Platform, any software, hardware, or telecommunications equipment;
• To advertise, offer or sell any goods or services for any commercial purpose on the Platform without the express written consent of the Company;
• To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
• To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
• To restrict or inhibit any other User from using and enjoying any public area within our sites;
• To collect or store personal information about other Eligible Users;
• To interfere with or disrupt the Platform, servers, or networks;
• To impersonate any person or entity, including, but not limited to, a representative of the Company, or falsely state or otherwise misrepresentUser's affiliation with a person or entity;
• To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Platform or to manipulateEligible User's presence on Platform(s);
• To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
• If aUser chooses a username that, in Company’s considered opinion is obscene, indecent, abusive or that might subject Company to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, Company reserves the right, without prior notice to theUser, to restrict usage of such names, which in Company’s opinion fall within any of the said categories and/or change suchUsername and intimate the User or delete such username and posts from the Platform, deny suchUser access to the Platform, or any combination of these options.
• Unauthorized access to the Platform is a breach of these Terms and Conditions, and a violation of the law.Users agree not to access the Platform by any means other than through the interface that is provided by the Company for use in accessing the Platforms.Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
• Use of the Platforms is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Company’s right to comply with governmental, court, and law-enforcement requests or requirements relating toUsers' use of the Platform.
• Persons below the age of eighteen (18) years are not allowed to participate on any of the contests, games (by whatever name called) on the Platforms. The Eligible Users will have to disclose their real age at the time of getting access into thePlatforms. Any wrong information provided by the User including the age shall constitute material breach by the User and shall be liable for actions that may be taken by the Company including those permitted under the applicable law.
8. Conditions of Participation:
• By entering any contest available on the Platforms, Eligible User agrees to be bound by these Terms and the decisions of the Company. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any Eligible User from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the Eligible User engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to otherEligible Users which includes, but is not limited to the terms of the User Conduct mentioned above and the following:
• Falsifying ones’ own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by the Company to enter a contest and/or claim a prize/winning.;
• Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the Eligible User.;
• Colluding with any otherEligible User(s) or engaging in any type of syndicate play;
• Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means or using it for any other purpose;
• Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
• Obtaining otherEligible Users’ information without their express consent and/or knowledge and/or spamming other Eligible Users (Spamming may include but shall not be limited to send unsolicited emails to Eligible Users, sending bulk emails to other Users, sending unwarranted email content either to selectedUsers or in bulk); or
• Abusing the Website in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of Abuse)
• It is clarified that in case an User is found to be in violation of this policy, Company reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of winning/ prize money if any.
9. Registration for a contest
• In order to register for the Contest(s), participants are required to accurately provide theinformation as requested by the Company which may include without limitations the following:
• Full Name
• E-mail address
• participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
• In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Karnataka, Odisha, Gujarat, , Sikkim, Nagaland, Telangana and Andhra Pradesh, such Participant will not be permitted to proceed to sign up for any match in the paid version of the Contest as described below.
• Once the participants have entered the above information and clicked on the "enter/register" tab, and such participants are above the age of 18 years, they are sent a message on their phone numbers confirming their registration and containing their login information.
10. Contest(s), Participation and Prizes
• As part of its services, Company may make available the contest(s) on the Platforms.
• Currently, there are paid versions of the contest(s) made available on Platforms.Eligible Users may participate in the contest(s) by paying the pre-designated amount as provided on the relevant contest page, which will be deducted from the users account in the Platform. The ‘pre-designated amount’ means and includes pre-determined platform fee (inclusive of applicable taxes) for accessing Company Services and pre-determined participant’s contribution towards prize money pool. The Participant with the highest aggregate points at the end of the pre-determined match shall be eligible to win a pre-designated prize which is disbursed out of prize money pool, as stated on the relevant contest(s) page.
• Each contest has a limited number of user slots available wherein in Eligible Users can enter after paying the requisite amount in the specified time, Company does not guarantee a fixed slot in any contest available on the Platform.
• Eligible Users shall pay a pre-designated amount for participating in the contest(s) being created on the Platforms. In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Karnataka, Odisha, Sikkim, Nagaland, Telangana, Gujarat, and Andhra Pradesh, such Participant will not be permitted to proceed to sign up for the match or contest and may not participate in any paid version of the contest(s).
• In two members and above public contests, where all participants have entered the contest with the exact same teams, in such event, contest prize money shall be equally divided amongst all participants and the amount shall be deposited in the winning account of all participants, or as decided by the Company. In the event an User is found to be violating this policy, the Company reserves the right to initiate appropriate action against suchUsers as it deems fit, which shall also include forfeiture of the winning amount.
11. Game of Skill
• The Contest(s) described above (across the Company Services) are games of skill as success of participants depends primarily on their superior knowledge of the games, statistics, knowledge of players' relative form, players' performance in a particular territory, conditions and/or format, attention and dedication towards the contest(s) and adroitness in playing the Contest(s). The Contest(s) also requires participants to field well-balanced sides with limited resources and make substitutions at appropriate times to gain the maximum points.
• By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
• Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
12. SPECIAL TERMS FOR “Rummy”
• The terms regulating Rummy are as follows:
• As hereunder, Eligible Users are offered a standard 13 card game.
• Barring explicit provisions mentioned in the Rules of these terms, Eligible Users can participate only in a single player contest or tournament, with other users (as applicable).
• 2 Decks of cards are used in our Rummy contest/ tournament (including point rummy, pool rummy, deal rummy and rummy tournaments).
• Collusion is strictly forbidden. If it is discovered that an Eligible User and other users are engaged in conducting or playing games and tournaments in collusion, it will result in cancellation of account i.d. of the Eligible User and all other users who participated in arranging the same. Furthermore, the Company retains the right to freeze funds in the Eligible User’s account and conduct investigation to determine the extent of undue benefit derived by the Eligible User(s) and such others. It will also terminate and close the account(s) connected with them without giving any prior notice to Eligible User(s). By agreeing to this term, the Eligible User agrees not to play in collusion.
• The Eligible User(s) hereby accepts and acknowledges that if the Company has reasonable grounds to claim or presume that the Eligible User(s) has used dishonest means in the past or is doing so now, the Company shall have the right to debar the Eligible User(s), terminate the Eligible User(s) account, deny Eligible User(s) access to the Platforms, and withdraw any payments due to the Eligible User(s)withholding any prizes the Eligible User(s) may have won.
• Rummy is presently accessible to residents outside of the restricted States of Assam, Karnataka, Odisha, Nagaland, Sikkim, Andhra Pradesh,Gujarat, and Telangana. If allowed by applicable law or court order we reserve the right to amend the restricted States for Rummy.
13. SPECIAL TERMS FOR “Poker”
• Company provides poker to its users (‘Poker’) the terms for which are detailed hereunder:
• Poker is a combination of variants of Poker and the standard rules of the game apply to Poker.
• Eligible Users can only participate in a single player contest or tournament, as applicable, with other users without any restriction on participation, unless specified otherwise in the rules or these terms.
• Poker is presently accessible to residents outside of the restricted states of Assam, Karnataka, Gujarat, Odisha, Andhra Pradesh, Telangana, , Nagaland and Sikkim or any other Indian state as identified by law. If allowed by applicable law or court order we reserve the right to amend the restricted States for poker.
• Chip–Dumping, Running Automatic players (Bots), Collusion use of External Player Assistance tool/ HUD’s or any other Fraudulent behaviour is prohibited.
14. Special Terms for Call Break
• if any Eligible User leaves or disconnects from the game, random cards will be automatically discarded until the Eligible User re-joins.
• if two players have the same score, the winning prize will get distributed equally between them.
• If three players leave the game, then the last active player will be declared as the winner.
• Any fraudulent or illegal activity may result in player’s account being permanently banned from the Platform.
15. Special terms for Fantasy Games
• At least 11 players are required to form a team.
• A single team may only have maximum of 7 players.
• A line-up declaration must be made before the match begins, and an Eligible User can only participate or update their team until the match has not begun.
• Results will be declared and announced within 12 hours after the match has ended.
• If a smaller number of users enter the contest under consideration, the money will be refunded to the Eligible User(s) account on the Platform within 24 hours.
• If Eligible Users have the same score, the prize will be distributed equally.
• Only after the match has started can the Eligible users see the other players' teams.
• Any fraudulent or illegal activity may result in player’s account being permanently banned from the Platform.
16. Special terms for Casual Games
• Within 30 minutes of the game's conclusion, the results will be announced.
• If a smaller number of users enter the contest in question, the money will be refunded to the Eligible User(s) account on the Platform within 24 hours.
• Winnings of large cash tokens will be credited to the Eligible User's unutilized balance.
• Any fraudulent or illegal activity may result in player’s account being permanently banned from the Platform.
17. Payment Terms
• In respect of any transactions entered into on the Platforms, including making a payment to participate in the paid versions of contest(s), Eligible Users agree to be bound by the following payment terms:
• Subject to these Terms and Conditions, all amounts collected from the Eligible User are held in a separate Big Cash Wallet maintained by the Company. The Wallet is sub-divided into three sub wallets i.e. unutilised (Deposit) wallet, bonus wallet and winning wallet in accordance with provisions of these Terms and Conditions. The payouts can be made to (a)Eligible Users (towards their withdrawals), (b) Company (towards its Platform Fees) and to (c) Government (towards TDS on Winnings Amount) through such means as may be desired suitable for the Company.
• The Eligible User may participate in a Contest wherein the Eligible User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. It is clarified that Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions and deduction of its commission.
• Any Eligible User availing Company services are provided with three categories of accounts for the processing and reconciliation of payments: (i) 'Unutilized' Wallet, (ii) Winning Wallet and Bonus Wallet.Further the Company reserves the right to create further wallets including sub-wallets within the User account for processing and reconciliation of payments as and when required subject to these Terms and Conditions.
• It is clarified that in no instance the transfer of any amounts in the Eligible User's accounts to any other category of account held by the Eligible User or any third-party account, including a bank account held by a third party:
• User's winnings in any cash Contest will reflect as credits to the Eligible User's Winnings Account.
• User's winnings in any Token Contest will reflect as credits to the Eligible User's Unutilised Account.
• User’s remitting the amount through the designated payment gateway shall be credited to Eligible User’s Unutilized Account’.
• Each time an Eligible User participates in any contest on Platform, the pre-designated amount shall be debited in the Eligible User’s account. In debiting amounts from the Eligible User’s accounts towards the pre-designated amount of suchEligible User shall be debited from the Eligible User’s Unutilized Account and thereafter, any remaining amount of participation fee shall be debited from the Eligible User’s Winning Account.
• In case there is any amount remaining to be paid by the Eligible User in relation to suchEligible User’s participation in any match(s) or Contest(s), the Eligible User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the Eligible User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the Eligible User’s ‘Unutilized’ Account and will be available for use in participation in any match(s) or Contest(s) or for withdrawal in accordance with these Terms and Conditions.
• Debits from the ‘Unutilized’ Account for the purpose of enabling an Eligible User’s participation in a Contest shall be made in order of the date of credit of amounts in the ‘Unutilized’ Account, and accordingly amounts credited into ‘Unutilized’ Account earlier in time shall be debited first.
• Eligible User may not be permitted to withdraw any amounts credited into such Eligible User's 'Unutilized' Account for any reason whatsoever. It can only be used to play games on the Platform. This is to ensure the engagement of Eligible Users with the Platform and remove frivolous players. Company reserves the right to forfeit the amount if the cash added is not utilized within a period of 335 (Three Hundred thirty Five) days from the day of adding the cash in the User Unutilized account. Company shall issue an invoice to the users if the forfeited amount is greater than or equal to INR 200. However, the unutilized amount in the Unutilized Wallet may be refunded back to the User to his bank account, if the User makes a request in writing to the Support team of Company and upon providing valid documents that the Company may require to establish credibility as per the company policy.
• Company may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the Eligible User. At the time of the transaction, Eligible Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.
• The Company charges a platform fee (inclusive of applicable taxes) from the users, for making available its platform where various games of skill & other content are available and providing the service to the Users to participate in those games of skill or consume the content as offered. The Platform fee charged from Eligible User for different game is different.
• Company shall issue an invoice to the users if the platform fees charged per user in each particular game is greater than or equal to INR 200
• The Eligible User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that Company has on third parties, any transactions on Platform may take up to 24 hours to be processed. Any amount paid or transferred into the Eligible User's 'Unutilized' Account or Winnings Account may take up to 24 hours to reflect in the Eligible User's 'Unutilized' Account or Winnings Account balance. A transaction, once confirmed, is final and no cancellation is permissible.
• In case of real money based games, where the minimum number of participants is pre-requisite to initiate a game, and the minimum number is not completed, then in that case the rank cannot be determined because of less than minimum participants required to determine the ranking and Company shall refund the Eligible User’s entry fee within 24 hours of the time of participation.
• Users by participating in a Game or Contest(s) hereby authorize Company to appoint a third party/ Trustee/Escrow Agent, Custodian/ Administrator etc. as may be deemed fit by the Company from time to time to manage users funds on users behalf.
• Subject to these Terms and Conditions, all amounts collected from and all winning balances of the User(s) are held in separate non-interest earning bank Accounts. The said accounts are operated by third party / parties appointed by Company from time to time. From these bank accounts, the payouts can be made to:
(a) Users towards their withdrawals via payment gateways;
(b) Company towards its Platform Fee (including GST), Processing Fees (including GST) and any forfeiture (including GST) as per the policy of the Company and for deposit of applicable TDS to Government on winnings amount via Company.
• Company receives only its share of the platform Fees (including GST) and processing fee (including GST) and forfeiture amount (including GST) through the said Escrow Agent.
• The Eligible users authorizes any third-party platforms and or Escrow Agents/ Custodian/ Administrator to facilitate digital collection & disbursements & funds and manage the said funds on behalf of company, as may be deemed fit by the company from time to time.
• The Eligible users shall be charged ‘Redemption Fee’ / Processing fee on redemption (inclusive of GST) as notified to the Eligible Users as per the Company policy and company shall issue an invoice if the processing fees charged is greater than or equal to INR 200.
18. Tabulation of points
Companymay obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s) and/or official website of the match organiser. In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, abandonment of a match etc., as a result of inaccuracies in or incompleteness of the feed provided by the third-party service provider and/or official website of the match organiser comes to its attention, Company shall use best efforts to rectify such error prior to the distribution of prizes. However, Company hereby clarifies that it relies on the accuracy and completeness of such third-party score/statistic feeds and does not itself warrant or make any representations concerning the accuracy thereof and, in any event, shall take no responsibility for inaccuracies in computation and tabulation of fantasy points or the selection of winners as a result of any inaccurate or incomplete scores/statistics received from such third party service provider.Eligible Users and participants agree not to make any claim raise any complaint against Company in this respect.
19. Selection and Verification of Winners and Conditions relating to the Prizes
a) Selection of Winners
• Winners will be decided on the basis of the scores of the Users in a designated match (which may last anywhere between one day and an entire tournament) of the contest(s). In certain pre-specified contests, Company may declare more than one winner and distribute prizes to such winners. In the event of a tie, the winning participants shall be declared winners and the prize shall be equally divided among such participants.
Company shall not be liable to pay any prize if it is discovered that the winner(s) have not abided by these Terms and Conditions, and other rules and regulations in relation to the use of the Platforms, contest, etc.
b) Contacting Winners
Winners shall be contacted by the Company or the third party conducting the contest on the e-mail address provided at the time of registration. The verification process and the documents required for the collection of prize shall be detailed to the Winners at this stage. As a general practice, winners may be required to provide following documents as may be necessary to verify their credentials for withdrawal of the prize including but not limited to:
º Self-certified photocopy of the Eligible User's PAN card;
º Self-certified Photocopy of a government-issued residence proof in their name .
Company shall not permit a Winner to withdraw his/her prize(s)/accumulated winnings unless the above-mentioned documents have been received and verified within the time-period stipulated by Company. The Eligible User represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate.
Participants are required to provide proper and complete details at the time of registration. Company shall not be responsible for communications errors, commissions or omissions including those of the participants due to which the results may not be communicated to the Winner.
In the event that a Participant has been declared a Winner on Platforms but has not received any communication from the Company, such Participant may contact the Company within a period of 10 Days from the declaration of such results.
c) Taxes Payable
All prizes shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961. As of April 1, 2018, the TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- is 31.2% (inclusive of cess) of the total prize money amount. In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by the Company in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money.
• The decision of Company with respect to the awarding of prizes shall be final, binding and non-contestable.
• Participants playing the paid formats of the Contest(s) confirm that they are not residents of any of the following Indian states - Assam, Odisha, Sikkim, Nagaland, Gujarat, Telangana and Andhra Pradesh. If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the above mentioned states, Company shall disqualify such User and forfeit any prize won by such User. Further Company may, at its sole and absolute discretion, suspend or terminate such user’s account with Company.
• If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), Company shall be entitled, at its sole and absolute discretion, to disqualify such User and forfeit his/her prize. Further, Company may, at its sole and absolute discretion, suspend or terminate such User’s account.
• To the extent permitted by law, Company makes no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same.
• Company may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. participants shall not raise any claim against Company or question its right to modify such prizes being offered, prior to closure of the Contest.
• All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.
• Any amount remaining unused in the Bonus Wallet of User, who has remained inactive for more than 30 (thirty) days consecutively, shall be forfeited by the Company. Further, any amount remaining unutilized in the Unutilized Wallet of User, who has remained inactive for more than 335 (Three Hundred Thirty Five) days consecutively, may be forfeited. However, the unutilized amount in the Unutilized Wallet may be refunded back to the User to his bank account on valid grounds, if the User makes a request in writing to the Support team of Company before such forfeiture and upon providing valid documents that the Company may require to establish credibility.
• Any token balance in user account, who has remained inactive for more than 30 (thirty) days consecutively, shall lapse and will be forfeited by the Company.
• Acceptance of a prize by the winner constitutes permission for Company, and its affiliates to use the winner's name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever.The Winners further undertake that they will be available for promotional purposes as planned and desired by the Company without any charge. The exact dates remain the sole discretion of Company. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
20. General Conditions
• If it comes to the notice of the Company that any governmental, statutory or regulatory compliances or approvals are required for conducting any contest(s) or if it comes to the notice of Company that conduct of any such contest(s) is prohibited, then the Company shall withdraw and / or cancel such contest(s) without prior notice to any Users or winners of any contest(s).Eligible Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest or Contest it in any manner.Employees, directors, affiliates, relatives and family members of the Company, will not be eligible to participate in any contest(s).
a) Dispute and Dispute Resolution
• The courts of competent jurisdiction at NCT of Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Company Services provided by Company (including the contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Eligible User(s) (including participants) or Company, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
• In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
• The place of arbitration shall be NCT of Delhi, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
• The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
• Nothing contained in these Terms and Conditions shall prevent Company from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Company’s interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Company to pursue any remedy for monetary damages through the arbitration described herein.
b) Release and Limitations of Liability
• Users shall access the Company Services provided on the Platform voluntarily and at their own risk. Company shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Eligible Users or any other person or entity during the course of access to the Company Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
• By entering the contests and accessing the Company Services provided therein, Eligible Users hereby release from and agree to indemnify Company, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the Company Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
• Company accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes.
• Users shall be solely responsible for any consequences which may arise due to their access of Company Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Company Services, including provision of incorrect address or other personal details.Eligible Users also undertake to indemnify Company and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Company on account of such act on the part of the Eligible Users.
• Users shall indemnify, defend, and hold Company harmless from any third party/entity/organization claims arising from or related to suchEligible User's engagement with the Company or participation in any contest. In no event shall Company be liable to any Eligible User for acts or omissions arising out of or related to Eligible User's engagement with the Company or his/her participation in any Contest(s).
• In consideration of Company allowingEligible Users to access the Company Services, to the maximum extent permitted by law, the Eligible Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against the Company, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Company Services or related to the Contests or the prizes of the Contests.
• To the extent permitted under law, neither Company nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
• To the extent permitted under law, Company shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Company Services or sites, cancellation of competition and prizes. Company disclaims any responsibility for, and if an Eligible User pays for access to one of Company’s Services the Eligible User will not be entitled to a refund as a result of, any inaccessibility that is caused by Company’s maintenance on the servers or the technology that underlies our sites, failures of Company’s service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, Company does not provide any warranty as to the content on the Platform(s). Platform(s) content is distributed on an "as is, as available" basis.
• Any material accessed, downloaded or otherwise obtained through the Platform is done at the Eligible User's discretion, competence, acceptance and risk, and the Eligible User will be solely responsible for any potential damage to Eligible User's computer system or loss of data that results from an Eligible User's download of any such material.
• Company shall make best endeavours to ensure that the Platform(s) is error-free and secure, however, neither Company nor any of its partners, licensors or associates makes any warranty that:
º the Platform(s) will meet Eligible Users' requirements,
º Platform(s) will be uninterrupted, timely, secure, or error free
º the results that may be obtained from the use of Platform(s) will be accurate or reliable; and
º the quality of any products, Company Services, information, or other material thatEligible Users purchase or obtain through Platform(s) will meet Eligible Users' expectations.
• In case Company discovers any error, including any error in the determination of Winners or in the transfer of amounts to an Eligible User's account, Company reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the Eligible User or deduction from the Eligible User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, Company agrees to notify the Eligible User of the error and of the exercise of the remedy(ies) to rectify the same.
• To the extent permitted under law, neither Company nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
• Any Company Services, events or Contest(s) being hosted or provided, or intended to be hosted on the Platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant Company Services, events or Contest(s) are hosted or provided.
• To the extent permitted under law, in the event of suspension or closure of any Services, events or contests, Eligible Users (including participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
• Your use of the Platform, or any content, available thereof is entirely at Your own option and risk and The Company shall be held harmless and not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to Your use of the Platform or any content thereof. To the maximum extent permitted by applicable law, the total liability of Company to You for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the total winnings in your account.
• Company may be required under certain legislations, to notify Eligible User(s) of certain events. Eligible User(s) hereby acknowledge and consent that such notices will be effective upon the Company posting them on the Platforms or delivering them to the Eligible User through the email address provided by the Eligible User at the time of registration.Eligible User(s) may update their email address by logging into their account on the Platform. If they do not provide the Company with accurate information, the Company cannot be held liable for failure to notify the Eligible User.
• Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials or any cancellation sports event match to which a contest relates. In such circumstances, Company shall also be entitled to cancel any related contest(s) and to process an appropriate refund for all participants.
• Company’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
• Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Company’s or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.
• These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the Eligible User(s) and the Company and govern your use of the Platform, superseding any prior agreements that any Eligible User may have with the Company.
• If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force.
• Company reserves the right to moderate, restrict or ban the use of the Platform, specifically to any Eligible User, or generally, in accordance with Company’s policy/policies from time to time, at its sole and absolute discretion and without any notice.
• Company may, at its sole and absolute discretion, permanently close or temporarily suspend any Company Services (including any contest(s)).
• Company may from time-to-time conduct/organize, promotions/offers on the platform. Any two or more promotions cannot be clubbed together with any other promotions that are running simultaneously on the Platforms.