These Terms of Service ("Terms") along with other policies available on the Platform (defined below) govern your access to and use of the mobile application via Android (APK), iOS & website branded "Fantoss" on Apple app store (https://apps.apple.com/us/app/fantoss/id1601790981) and the website https://fantoss.com and all the services and software provided on or in connection therewith, (“Service”) owned and operated by Parthtech Developers LLP (“Parthtech”, “Company” “Our”, “We”, “Us”) By accessing, registering, using or accessing the Platform or any part thereof or participating in the various contests and games, including fantasy games, available on the Platform (“Contest”) or utilizing any of the Services offered, You (“User” or “Your”) agree to these Terms. Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms. Therefore, please read these Terms and Privacy Policy carefully before using or registering on the Platform. If you do not agree with these Terms, please do not access the Platform and participate in any Contest. These Terms along with the Privacy Policy constitute a binding agreement and an electronic record under the Information Technology Act, 2000 and the rules thereunder and the amended provisions pertaining to electronic records under various Indian statutes.
1. Eligibility and Access
1.1 Any User who is “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. is not eligible to participate on any of the Contests/games hosted on the Platform. Persons below the age of 18 (eighteen) years are not allowed to participate on any of the Contests/games (by whatever name) hosted on the Platform. The User will have to disclose their real age at the time of getting access into the Platform.
1.2 The services available on the Platform, including participation in the Contests hosted on the Platform, are open only to Users currently residing in India and no other part of the world. Persons residing in the state of Assam, Odisha, Nagaland, Sikkim, Telangana or Andhra Pradesh (“Restricted States”) are prohibited from participating in any Contests on the Platform. For this purpose, the Company has the right to track the location of any and all users through GPS functionality available on the users’ mobile phones.
1.3 The Platform and the services provided through the Platform are always evolving and the form and nature of the services may change from time to time without prior notice to you. In addition, the Company may stop (permanently or temporarily) providing the services (or any features within the service) to you or to users generally and may not be able to provide you with prior notice. The Company also retains the right to create limits on use, storage, and features at its sole discretion at any time without prior notice to you.
1.4 In consideration for the Company granting you access to and use of the Platform and the Services, you agree that the Company and its affiliates, group companies, third party providers and partners may place advertisements on the Platform or in connection with the display of content. The types and extent of advertising on the Platform are subject to change.
1.5 The services being provided on the Platform and the Contest being hosted on the Platform may be subject to additional conditions or rules applicable to a particular Contest in that respect (“Game Terms”). Such Game Terms are deemed to be incorporated herein by reference. Users must agree to these Game Terms before participating in any Contest on the Platform. To the extent that these Terms are inconsistent with Game Terms, the Game Terms shall prevail.
1.6 Only those Users who have successfully registered on the Platform in the manner prescribed in the Terms and who utilize the services of the Platform in accordance with this Term of Services, shall be eligible to use the Platform.
2. User Account, Passwords and Security
2.1 In order to use the Platform and the services associated therewith, including participating in the Contests, you will have to register on the Platform by providing certain details about yourself, including your name, email address, password, date of birth, state of residence, gender, PAN card, Aadhar card or any other relevant Government issued identification card, and other information and documents as may be required to create an account (“Account”). You will be verified by the Company using a one-time password (“OTP”) system. Upon successfully verifying the OTP, your Account will be created for You. [You may register on the Platform by logging into your Account with your credentials from certain third-party email networks or social networking sites. You confirm that you are the owner of any such third-party account and that you are entitled to disclose your third-party account login information (i.e. full name, email ID, and date of birth, etc) to the Company.] 1 You authorize the Company to collect your authentication information, and other information that may be available on or through the third-party account consistent with your applicable settings and instructions. The Company reserves the right to refuse access to the Platform and the Services to new users or to terminate access granted to existing users at any time without according to any reasons for doing so. You shall not have more than one active Account on the Platform. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party.
2.2 You shall ensure and confirm that the Account information provided by you is complete, accurate and up-to-date. If there is any change in the Account information, you shall promptly update your Account information on the Platform. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Platform (or any part thereof) at its discretion, in addition to any right that the Company may have against you at law or in equity, for any misrepresentation of information provided by you.
2.3 You are responsible for maintaining the confidentiality of the Account information, safeguarding the password or credentials that you use to access the Platform and for any activities or actions under your Account. You are encouraged to use "strong" passwords (passwords that use a combination of upper and lower-case letters, numbers, and symbols) with your Account.
2.4 You agree to (a) immediately notify the Company of any unauthorized use of your Account information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Further, the Company will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account either with or without your knowledge.
2.5 You may be held liable for losses incurred by the Company or any other user of or visitor of the Platform due to authorized or unauthorized use of your Account as a result of your failure in keeping Your Account information secure and confidential.
2.6 By registering for an Account, You represent, warrant and agree that:
(i) You fulfil the eligibility criteria as detailed in these Terms;
(ii) You are using Your actual identity and the mobile phone number you have provided is registered in Your own name;
(iii) You will provide only true, accurate, current, and complete information about Yourself;
(iv) You will maintain and promptly update Your derails that You provide on the Platform to keep it true, accurate, current, and complete.
2.7 Your Account is for Your personal use only. You shall not impersonate someone else. By creating an Account after providing a mobile phone number and verifying it using an OTP, You represent, warrant, and agree that You are authorized to use the Platform and will abide by the Agreement.
3. Acceptable Use
3.1 In connection with the use of the Platform and the Services, you agree that you will not:
(i) violate any law, regulation, or court order;
(ii) violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or "droit moral," or other legal rights of any third party;
(iii) take any action (even if requested by another) that is, or submit, host, post, display, upload, modify, publish, transmit, update, share, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly: illegal, harmful, abusive, harassing, threatening, hateful, racially or ethnically objectionable, derogatory, harmful to any reputation, disparaging, defamatory, libellous, pornographic, indecent, profane, obscene, paedophilic or otherwise objectionable (including nudity), blasphemous, invasive of another's privacy, or relating or encouraging money laundering or gambling;
(iv) harms minors in anyway;
(v) send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications;
(vi) offer or sell any goods or services for any commercial purpose on the Platform;
(vii) send communication that deceives or misleads the addressee about the origin of such messages or communicates any information which is offensive or menacing in nature;
(viii) engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Platform, including from any user of the Service;
(ix) transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or limit the functionality of any computer resource or related systems;
(x) stalk, harass, threaten, or harm any third party;
(xi) impersonate any third party;
(xii) choose a username that, in the Company's considered opinion is obscene, indecent, abusive or that might subject the Company to public disparagement or scorn, or a name which is an official team/league/franchise name(s) and/or name of any sporting personality, as the case may be.
(xiii) participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
(xiv) use any means to scrape or crawl any part of the Platform;
(xv) access, tamper with the Content, computer systems, or the technical delivery systems of the Platform or its service providers;
(xvi) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(xvii) access or search or attempt to access or search the Content and/or Services by any means (automated or otherwise) other than through currently available, published interfaces that are provided on the Platform (and only pursuant to these Terms);
(xviii) attempt to circumvent any technological measure implemented by the Company, any of its service providers, or any other third party (including another user) to protect the Company, the Platform, users or any other third party;
(xix) access the Platform to obtain information to build a similar or competitive application, or service;
(xx) attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used as part of the Platform;
(xxi) send communication that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
(xxii) advocate, encourage, or assist any third party in doing any of the foregoing.
3.2 The quality of the Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges.
4.Deposits
4.1 In order to participate in certain Contests, the Users may be required to pay a fee to participate in a Contest on the Platform (“Entry Fee”) in the form of cash. Users may add cash to their Account by using any of the payment modes available on the Platform. The deposit of cash (“Deposit”) to the User’s Account shall be governed solely by the terms and conditions of the respective payment mode used by such User, without any recourse to the Company. Subject to these Terms, all amounts collected from Users are held in a separate non-interest earning bank accounts. The said accounts are operated by a third party appointed by the Company. Any users availing Services are provided with two categories of accounts for processing and reconciliation of payments: (i) Deposit Account (ii) Winnings Account. User’s winnings in any Contest will reflect as credits to the User’s Winning Account; and Users remitting the amount shall be credited to User’s Deposit Account.
4.2 The Platform reserves the right to charge a Platform Fee, which would be specified and notified by the Company. The Platform Fee for all the Contests is at a rate of 10 percentage of the Entry Fee for a Contest. The payment of Entry Fee made by Users to participate in the Contest is inclusive of pre-designated Platform Fee for access to the Services provided by the Company and pre-determined participants’ contribution towards prize money pool.
4.3 The Deposits may be used to participate in Contests in the manner provided under section 5 (Participation in Contests).
4.4. From 01st Oct 2023, 28% GST is applicable on the amount deposited by the User in its Deposit Account with the Company Platform. The User can view the GST paid on each deposit through invoices on ‘My Transaction’ page. In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Contest(s), the User will be taken to the designated payment gateway to give effect to such payment. At the time of making deposit, the User agrees that Company will collect applicable Government Taxes (such as GST @ 28%) in addition to the amount to be deposited by the User in its Deposit Account. This will be duly reflected by Company to the User at the time of making payment. In case any amount added by the User exclusive of applicable Government Taxes (such as GST @ 28%) through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s Deposit Account and will be available for use in participation in any match(s) or Contest(s). If there is any request for withdrawal of amount deposited in Deposit Account, such refund request shall be processed net of GST i.e. applicable 28% GST paid on amount deposited in Deposit Account shall not be eligible for refund as per applicable government laws.
4.5 Starting from December 1st, 2023, your bonus wallet shall stand changed to 'discount point' wallet. You can now use these discount points to join discounted contests and enjoy savings on such contests. Please do note that these discount points can neither be transferred to another account nor can be cashed out. If a contest gets cancelled due to any reason, the discount points you used in the said contest will be transferred back to your discount points account.The discount points are available for 90 days following the credit date.
4.6 Each User is solely responsible for all activities that occur under their Account, including the use of any of the Services on the Platform.
4.7 The Company grants such Users a non-transferrable, limited, non-exclusive and revocable privilege to register an Account on and use the Platform.
4.8 If the Company identifies that the same User Details are being used under multiple accounts, then the Company at its sole discretion will terminate/deactivate the Account without the Users’ consent and any Deposit in the Account will not be refunded.
4.9 The Company, at its sole and absolute discretion and without any notice to the Users, reserves the right to restrict, suspend or terminate any Account or access to the Platform temporarily or permanently to any User.
4.10 The Company may, at its sole and absolute discretion restrict, change, suspend, or terminate any User’s access to all or any part of the Platform, including but not limited to:
(i) reject, move, or remove any material that may be submitted by the User;
(ii) move or remove any content that is available on the Platform;
(iii) deactivate or delete an Account and all related information and files on their Account;
(iv) establish general practices and limits concerning use of the Platform and the Services; and
(v) assign its rights and liabilities with respect to all Accounts hereunder, to any entity.
4.11 Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no ownership or other interest in their Account, and further acknowledge and agree that all rights in and to their Account are and shall forever be owned by and inure to the benefit of the Company.
4.12 The Users also accepts to receive news, updates, offers/campaign related SMS, to the mobile phone number provided by the User, except when prohibited under applicable laws.
5. Participation in Contest
5.1 The Users may use the Platform to participate in a variety of Contests available on the Platform.
5.2 In order to participate in a paid Contest, each User may be required to pay an Entry Fee to the Platform which is deducted from the credit available in the Account (“Balance”) of the User. The payment of Entry Fee made by Users to participate in the Contest is inclusive of pre-designated Platform Fee for access to the Services provided by the Company and pre-determined participants’ contribution towards prize money pool. Consequently, part of such Entry Fee will be contributed by the Users towards the prize money pool of such Contest, which will be passed on to the Winner(s) of the Contest after completion of the Contest as per the terms and conditions of such Contest.
5.3 Each Contest has a pre-determined limit on the number of Users that can participate and a specified time before which entries must be made. A Contest (other than the contests described and listed under the category of Guaranteed Contests) is deemed to be a valid Contest on the Platform, only if the requisite number of Users register for the Contest before the prescribed entry time. In the event the Contest is declared invalid Contest by the Company then the Company will cancel such Contest and ensure that the requisite Entry Fee is refunded to the Deposit Account of the Participants.
5.4 In the Contests described and listed under the category of Guaranteed Contests, differential rules may apply as provided in respect of such specific Contests over the Platform. Particularly, the said Contests will not be condition upon the fact that the requisite number of Users register for the said Contests. In the said Contests, only a minimum threshold of 10 Users have been prescribed, and upon joining of a minimum of 10 Users for such Contests, the Contest will remain confirmed.
5.5 Contests shall be announced by the Company from time to time in any manner that is convenient to the Company, and the Company reserves the right to extend the participation and time limit for registration, cancel any Contest, and modify any terms, all with due notice to the Users of the Platform.
5.6 A participant may enter only one team in a Contest. The participants will be permitted to edit their teams till the official match start time as declared by the officials of the sport event. Participants will be permitted to download the teams of the other participants of the Contest after the teams are locked, as a CSV/PDF file.
5.7 The Company may obtain the score feed and other information required for the computation and tabulation of fantasy points from news and sources available in public domain. 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 official website of the match organiser comes to its attention, the Company shall use best efforts to rectify such error prior to the distribution of prizes. However, the Company hereby clarifies that it relies on the accuracy and completeness of such 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 news/sources available in public domain. Users and Participants agree not to make any claim or raise any complaint against the Company in this respect.
6. Winnings
6.1 Awards for all Contests (other than the contests described and listed under the category of Guaranteed Contests) shall be pre-declared at the time of registration in the specific rules applicable to such Contest. Awards will be in the form of cash, token, or promotional gifts(“Winnings”).
6.2 In the Contests described and listed under the category of Guaranteed Contests, Awards shall be based on the proportion of Users registered for each Contest, as compared to the maximum capacity of such Contest. Detailed rules in respect of such Contests are specifically provided under each Contests, including the rules relating to proportion in distribution of Awards, on a ranking basis, and the same shall be binding on each User participating in such Contests.
6.3 The Winnings earned by any User in any Contest shall be deposited to the Winnings Account Wallet as available on the Platform. However, in a case where the net Winnings (after deduction of Entry Fee from the total prize money) is more than INR 10,000, the amount shall be deposited to the Winnings Account Wallet after deduction of appropriate deduction of tax at source (TDS) as described in Clause 6.7.
6.4 Users are eligible to withdraw Winnings from his/her Account to his/her respective bank/wallet account once it is KYC (Know Your Customer) verified. The Company may also carry out an additional verification through penny drop process for enabling withdrawal of Winnings to the Users’ bank/wallet account. The minimum amount that can be withdrawn by a User from his/her Account is INR 100.
6.5 KYC verification is mandatory as a proof of identity for making withdrawals from Your Account to Your bank/wallet account.
6.6 The entries are accounted within the Account on the Platform. It is the responsibility of the Users to ensure that the entries are accurate, and the Winnings are duly credited to his Account.
6.7 Any tax/levies/duty etc., as applicable on material prizes, shall be paid by the winner of the Contest. Based on TDS Rules for any sort of Contest winning in India, 30% TDS should be deducted on any winning above Rs.10,000/-, on a net basis (i.e. after deduction of the Entry Fee paid for such Contests).
6.8 The User shall abide by some withdrawal terms and conditions. There is a daily cap on the maximum withdrawals on our application and/or platform. As per the cap, users can withdraw a maximum of INR 30,000/- per day along with maximum attempt of 10 (Ten) times per day. The maximum withdrawal limit is capped at INR 10,000/- per attempt made by a registered User. If the User wishes to withdraw more than INR 30,000 once per day, please get in touch with our support team by writing to us at, fans@fantoss.com. Moreover, you can rest assured knowing all the transactions made in Fantoss are 100% safe and secure.
7. Return, Refund and Cancellation
7.1 In the event, that there is an error in the services provided by us, We may refund the Entry Fee, provided the reasons are genuine and proved after investigation by the Company.
7.2 Please read the rules of each Contest before participating.
7.3 We do not cancel registrations once entered, however, in case of exceptional circumstances wherein the fault may lie from Our side, We will cancel your participation on request and refund the Entry Fee to You within a reasonable amount of time.
7.4 In case we cancel your participation in any Contest as a result of this, We will return Your Entry Fee to You within a reasonable amount of time for You to redeem the same by playing other Contests on the Platform.
7.5 We will try Our best to create the best user experience for You.
7.6 You understand that Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. 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 User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. 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.
7.7 In order to comply with extant law relating to deposit regulations, please note that the Users must withdraw any idle Balance lying in their Winnings Account within 335 (three hundred and thirty- five) days of having won a particular Contest. Similarly, Users must use any money in their Winnings Account within 335 (three hundred and thirty-five) days. If not, the said Balance will have to be forfeited (after trying to refund via provided information) by the Company.
8. Games of skill
8.1 The Contests hosted by the Company on the Platform are all Games of Skill (defined below). Each Contest/game hosted on the Platform will reward certain skills, such as knowledge of the game, familiarity with rules, experience, reflexes, experience, practice, hand-eye coordination etc.
8.2 Users must note that all Contests available on the Platform are games where the success or/and performance of the Users depends predominantly upon their considerable skill and superior knowledge of the game of cricket, assessment of relative worth of each selected player as against all available players, evaluation of their past performance, assessment of venue where the real- match is being played, pitch conditions and/or format of the game (such as ODIs, test cricket, Twenty20, T10, 100 balls), training and fitness of the selected player as against all available players, attention to the contest selected on the Platform out of the available Contests, experience and adroitness in playing the Contest, and the concerned rules of the Contest joined (“Games of Skill”). ‘Games of Skill’, under Indian law, are excluded from the ambit of gambling legislations including, the Public Gambling Act of 1867 and other State enactments, except in the Restricted States.
8.3 Hence, the individuals residing in the Restricted States should not participate in any Contest offered on the Platform. Any participation by such individuals shall be at their sole risk and discretion and the Company shall not be liable to refund or reimburse any injury or damages suffered by such individuals.
8.4 The Company reserves the right to monitor all activities from the User’s Account on the Platform. If any User participates in any Contest in violation of any central and/or state law(s) in India, the Company reserves the right to cooperate with law enforcement agencies of the relevant state and report such participation or/and suspicious activity along with all relevant details of the concerned User.
8.5 The Company does not support, endorse or offer to any User ‘games of chance’ for money. Each Contest available on the Platform has clearly defined rules and code of conduct. All Users are encouraged to read, understand, and follow these rules to be successful in these games. The Company shall not be liable if Users do not adhere to the Terms or otherwise engage in gambling or betting activities on the Platform.
9. Proprietary Rights of the Company
9.1 Except for the Content, the Company or its licensors own all right, title, and interest in and to: (i) the Platform and the “look and feel” thereof, including all software, ideas, processes, data, text, media, and other content available on the Platform; and (ii) trademarks, logos, and brand elements of Company. All right, title and interest in and to the Platform, the services, content, and the Company’s trademarks are and will remain the exclusive property of the Company and its licensors and other partners, as the case may be. Save and except for accessing and using the Services as permitted herein, You shall not separately use any portion of the Services or the Platform (such as codes, features, branding, trademark, logos, look and feel, content, etc.) in any manner whatsoever without express written approval from the Company.
9.2 The Company reserves all rights not expressly granted in these Terms. You shall not make any disparaging or derogatory remarks, comments, or statements, whether verbal or written, against the Company. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Platform or the Services are entirely voluntary, and the Company will be free to use such feedback, comments, or suggestions as it sees fit and without any obligation to you.
10. Suspension and Termination
10.1 The Terms will continue to apply until terminated by either you or the Company as set forth below. If you object to the Terms or are dissatisfied with the Platform, your only recourse is to (i) close your Account; and (ii) stop accessing the Platform.
10.2 The Company reserves the right to terminate, discontinue, suspend, limit, or restrict your account or your use of the Platform or access to content at any time, without notice or liability, if the Company so determines in its sole discretion, for any reason whatsoever. Additionally, the Company reserves the right to delist you or block your future access to the Platform or suspend or terminate your Account if it believes, in its sole discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
10.3 If You or the Company terminate your use of the Service, the Company may, subject to the terms of the Privacy Policy, delete any information relating to your use of the Service and the Company will have no liability to you or any third party for doing so.
11. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of the Company.
11.1 Availability on "AS-IS" basis
a) Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, the Company disclaims all warranties and conditions, whether express or implied, of title, of merchantability, fitness for a particular purpose, or non-infringement.
b) All Content is created and published or uploaded by Users. The Company makes no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service; (iv) whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis or whether any errors or defects will be corrected.
c) No advice or information, whether oral or written, obtained from the Company or through the Service, will create any warranty not expressly made herein. The Company will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account or Account information in connection with the Service, either with or without your knowledge.
d) The Company shall not be responsible for the delay or inability to use Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform or Service, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Service during periodic maintenance operations or any unplanned suspension of access to Service that may occur due to technical reasons or for any reason beyond the Company’s control.
e) You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at your own discretion and risk, and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data.
11.2 Links
There may be links to third-party websites or resources on the Platform. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
11.3 Limitation of Liability
To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses resulting from (i) your access to or use of or inability to access or use of the Platform or the Service; (ii) any Content on the Platform; or (iii) unauthorized access, use or alteration of your transmissions or content.
11.4 Violation of Terms
You agree that any violation by you of these Terms will constitute an unlawful and unfair business practice and will cause irreparable harm to the Company for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity. If the Company takes any legal action against you as a result of your violation of these Terms, they will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
11.5 Release and Indemnity
By entering the contests and accessing the Services provided therein, Users hereby release from and agree to indemnify the 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 Services including (but not limited to) personal injury and damage to property due to some negligent act or omission on their part, or otherwise. The 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 the Company’s Services by conducting an illegal act or due to non- conformity with these Terms and other rules and regulations in relation to the Services, including provision of incorrect address or other personal details. Users also undertake to indemnify the 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 the Company on account of such act on the part of the Users.
12. General Terms
12.1 Waiver and Severability
The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
12.2 Governing Law and Jurisdiction
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. Any disputes arising in relation hereto between you and any Company shall be subject to the exclusive jurisdiction of courts at Bangalore, India.
12.3 Entire Agreement
These Terms and the Privacy Policy are the entire and exclusive agreement between the Company and you regarding the Service (excluding any services for which you have a separate agreement with the Company that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between the Company and you regarding the Services.
The Company retains the unconditional right to revise these Terms from time to time, the most current version will always be on the Platform. You can determine when this Terms was last modified by referring to the “Last Updated” legend above. It shall be your responsibility to check this Terms periodically for changes. Your continued use and access of the Service shall signify your acceptance of the amended Terms and your consent to be legally bound by the same.
12.4 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 the 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 Participants or winners of any Contest(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest or Contest it in any manner.
12.5 Grievance Redressal
a) Any complaints arising from the use of the Service may be addressed to the following:
Name of the Grievance Officer:(“Tarun Kumar”). Click here to fill grievance form.
b) The Grievance Redressal Officer shall within thirty-six hours of receiving the complaint initiate inquiry into the same and shall endeavor to resolve the complaint promptly, but in any case, wit within one month from the date of receipt of complaint.