- BigCash
BigCash 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 “BigCash” 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, Odisha,Sikkim,
Nagaland, Andhra Pradesh 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.
- User hereby confirms that he / she is not participating in business and /or
profession capacity.
- Usage of Platforms
- Any Eligible User accessing Platforms for participating in the various
contests and games (including fantasy games), available on the platform
(“Contest(s)”) (“CompanyServices” and/or “Services”) shall be bound by this document
(“TermsandConditions”), and all other rules, regulations and terms of use referred
to herein or provided by the Company in relation to any of the Company Services.
- Without any obligation of prior intimation to the Eligible User, Company has
the right to modify these Terms and Conditions, rules, regulations, terms of usage
and privacy policy referred to herein or provided by the Company in relation to any
of Company Services, at any time, by posting the same on the Platforms. Users are
advised to review the Terms and Conditions periodically. The updated version of
these Terms and Conditions shall supersede the previous version of the Terms and
Conditions and take effect immediately upon posting and may be notified, via email
or phone no.
- By merely accessing the Platforms, the Eligible User will deemed to have
acknowledged and consented to the acceptance of such Terms and Conditions, rules,
regulations and terms of use referred to herein or provided by the Company in
relation to any of the Company Services, as may be amended from time to time.
- The Company may, without any obligation, at its sole discretion, may notify
the Eligible User of any change or modification in these Terms and Conditions,
rules, regulations and terms of use referred to herein or provided by the Company,
by way of sending an email to the Eligible User's registered email address or their
phone no.User has the right to opt-out of agreeing to these Terms and Conditions or
any future updated version of the Terms and Conditions, and therefore also using the
Platforms. If User is not comfortable with any of the Terms or do not wish to be
bound by the same, then the User are at liberty to refrain from using the Platforms
and or the Company Services. However, please be aware that User’s continued use of
the Company Services for a period of 7 (seven) days from the launch of any updated
Terms and Conditions would mean deemed acceptance of these Terms and Conditions and
its associated policies mentioned here, including any modification thereof.
- 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 its Eligible Users a platform fee 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 RCS, E-mail, Voice Call, Telegram such as announcements,
administrative messages and advertisements from the Company or any of its partners,
licensors or associates.
- Intellectual Property
- The name “BigCash”, 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.
- 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.
- Privacy Policy
- All information collected from Eligible Users, is subject to Company’s Privacy
Policy which is available at www.bigcash.live.
- User Conduct
- Eligible Users and/or any other person visiting the Platforms (“Users”) agree
to abide by these Terms and Conditions and all other rules, regulations and terms of
use of the Platforms. In the eventEligible User does not abide by these Terms and
Conditions and all other rules, regulations and terms of use, the Company may, at
its sole and absolute discretion, take necessary remedial action, including but not
limited to:
- 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.
- 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;
- Any violation of Contest rules or the Terms of Use;
- 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.
- 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
- Password
- Facebook
- 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, Odisha, 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.
- 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 for accessing Company Services and
pre-determined participant’s contribution towards prize money pool. The Participant
who wins at the end of the pre-determined contest 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, Odisha,
Sikkim, Nagaland, Telangana 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.
- 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.
- 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.e. 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.
- SPECIAL TERMS FOR “Poker”
- Company provides poker to its users (‘Poker’) the terms for which are detailed
hereunder:
- User must be at least 18 years old to use the Platform. By using the Platform, you
represent and warrant that you meet this age requirement and that the laws of your
jurisdiction allow you to participate in online poker.
- Poker is a combination of variants of Poker and the standard rules of the game apply
to Poker.
- Prohibited Activities:
- Use the Platform for any illegal or unauthorized purpose.
- Violate any laws or regulations.
- Engage in any form of cheating, collusion, or unfair practices.
- Harass, abuse, or harm other users.
- Use automated systems or software to access or use the Platform.
- Eligible Users can only participate in a cash tables 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.
- Collusion and Cheating: Collusion, cheating, or any form of unfair advantage is
strictly prohibited and may result in suspension or termination of your
account.
-
The Eligible User(s) hereby acknowledges and agrees that if the Company has the
right to believe or suspect that the Eligible User(s) have in the past or are
using fraudulent means which are in violation of the terms of use herein, the
Company shall have the right to debar the Eligible User(s), suspend Eligible
User(s) account, prohibit 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.
- 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.
- Collusion and Cheating: Collusion, cheating, or any form of unfair advantage is
strictly prohibited and may result in suspension or termination of your
account.
- The Eligible User(s) hereby acknowledges and agrees that if the Company has the
right to believe or suspect that the Eligible User(s) have in the past or are using
fraudulent means which are in violation of the terms of use herein, the Company
shall have the right to debar the Eligible User(s), suspend Eligible User(s)
account, prohibit 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.
- Special terms for Fantasy Games
- At least 5 or 11 players are required to form a team as per the contest.
- 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.
- The Eligible User(s) hereby acknowledges and agrees that if the Company has the
right to believe or suspect that the Eligible User(s) have in the past or are using
fraudulent means which are in violation of the terms of use herein, the Company
shall have the right to debar the Eligible User(s), suspend Eligible User(s)
account, prohibit 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.
- 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.
-
The Eligible User(s) hereby acknowledges and agrees that if the Company has the
right to believe or suspect that the Eligible User(s) have in the past or are
using fraudulent means which are in violation of the terms of use herein, the
Company shall have the right to debar the Eligible User(s), suspend Eligible
User(s) account, prohibit 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.
17. SPECIAL TERMS FOR “Rocket Skill”
-
The terms regulating Rocket Skill are as follows:
-
Rocket Skill is a multiplayer game played against the house (BigCash)
where Eligible User(s) race against a rising multiplier aiming to cash
out with maximum winnings before the multiplier crashes.
-
Eligible user can enter any contest of their choice, depending on the
level of his/her experience or expertise of playing the game.
-
Eligible User(s) must place their amounts before a game starts.
-
Based on the contest entered by the Eligible User, the game begins by
rocket taking off, with its altitude representing a constantly
increasing multiplier. The returns on the amount multiplies
corresponding to the rocket ascend multiplier.
-
Eligible User(s) can cash out at any time by clicking the "Cash Out"
button while the rocket is still in aviation before the rocket crashes,
securing their multiplied amount.
-
If the rocket crashes before an Eligible User(s) does Cash Out, they
lose the amount placed in the contest.
-
The crash point of the rocket is decided by a Random Number Generator
logic with weighted probability of crash.
-
Eligible User(s) can view results of the last 20 games for analysis and
to strategize at any point before starting a game.
-
The round/session ends after the rocket have crashed.
-
Disconnection: In case a user has placed any amount in the game and user
gets disconnected from the game due to network or any other reasons and
fails to cashout before the rocket crashes, the user would lose his
amount. BigCash shall not be held responsible for the loss.
-
Rocket skill is presently accessible to residents of all states in India
except where offering of such games is prohibited by appropriate
authority. Eligible Users are requested to verify that they are not
opting to play from prohibited areas/states/provinces/UTs.
-
The Eligible User(s) hereby acknowledges and agrees that if the Company
has the right to believe or suspect that the Eligible User(s) have in
the past or are using fraudulent means which are in violation of the
terms of use herein, the Company shall have the right to debar the
Eligible User(s), suspend Eligible User(s) account, prohibit 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.
18. Special terms for Big Skill
Patti
- Company provides skill-based variants of the popular Indian game by the name ‘Big
Skill Patti’, the terms for which are detailed hereunder:
- Big Skill Patti is a skill-based game where each player is dealt 3 hand cards: 1
open and 2 closed. A community card is also dealt closed. After the first betting
round, the 2 closed hand cards and the community card are revealed.
- Betting Actions:
- Chaal: Players can continue betting by matching or raising
the current bet.
- Pack (Fold): Players can choose to fold and forfeit the
current hand, losing any bets they have placed.
- Side Show: Players can request a side show with the player
sitting next to them. The player with the lower hand must fold. Side show
results will be shown during showdown or at the end of the game
- Win: Betting continues until one player asks for a "Show" or goes
"All-In".
- Show: Both players reveal their cards, and the player with
the best hand wins the pot
- All-In: Players bet all their remaining chips. Cards for
both users are shown. The player with the best hand after the showdown wins
the pot.
- If during showdown, the hand strength of the two users is same, the player who
requested the ‘Show’ will lose the hand.
- In case both the betting players put ‘All-in’ and the hand strength of the two users
is same, the pot will be distributed equally between the two players.
- Eligible Users can only participate in a single player contest, as applicable, with
other users without any restriction on participation, unless specified otherwise in
the rules or these terms.
- Big Skill Patti 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 Big Skill
Patti.
- The Eligible User(s) hereby acknowledges and agrees that if the Company has the
right to believe or suspect that the Eligible User(s) have in the past or are using
fraudulent means which are in violation of the terms of use herein, the Company
shall have the right to debar the Eligible User(s), suspend Eligible User(s)
account, prohibit 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.
19. 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 BigCash Wallet maintained by the Company. The Wallet is
sub-divided into three sub wallets i.e. unutilised (Deposit) wallet, bonus wallet
(reflecting the maximum eligible discount) 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 (iii) 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 be after reducing the bonus amount
utilised by the winner in the game to avail the discount. The Bonus amount utilised
by the winner will be credited back to the bonus account of the user, allowing him
to avail discount on future contests.
- Wagering in platform is the act of putting money into the pot, either by making a
bet, raising, or calling a bet.
- Wager your deposit amount (or a part of it) and convert it to winnings at 20%.
- User's winnings in any Token Contest will reflect as credits to the Eligible
User's Bonus Account.
- User's remitting the deposit amount net of GST through the designated payment
gateway shall be credited to Eligible User's Unutilized Account'. Users hereby
undertake that the deposit of money is from their own source of income and not
associated with illegal means or causing frauds and as may be determined to be
illegal means in according to prevalent law in India
- Each time an Eligible User participates in any contest on Platform, the
participation amount shall be discounted to the extent of eligible discounts
reflected as Bonus account (subject to maximum discount being the platform fees
charged for the contest / game), then the discounted participation amount shall be
paid through debits to various account balances, debited first from Unutilized
Account, then from Winning account and if still any balance left then it will be
debited again from Bonus 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 of unutilised and winning wallet if it is not utilized within a
period of 335 (Three Hundred thirty Five) days. However, the unutilized and winning
amount in the Wallets may be refunded back to the User in form of Bonus/otherwise as
per discretion of the company, 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, net off GST paid to Government
at the time of deposit. 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 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 shall be based
on the game played on the platform.
- 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. Your updated balance, including eligible discounts from
time to time, shall be duly reflected in app. From these bank accounts, the payouts
can be made to:
(a) Users
towards their withdrawals via payment gateways;
(b) Company
towards its online game fees including its Platform Fee, Processing Fees and any
forfeiture as per the policy of the Company and for deposit of applicable TDS to
Government on winnings amount via Company.
*(c) Company towards the GST on amount deposited by the User
- Company receives only its share of the platform Fees and processing fee and
forfeiture amount 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 as notified to the Eligible Users as per the Company policy.
20. Tabulation of points
Company may 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.
21. 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
Company shall be levying applicable GST on the amount deposited by the User w.e.f.
01.10.2023, in accordance with Rule 31B inserted in the CGST Rules, 2017. Company shall
issue an invoice for such deposit to the User.
The User is responsible for bearing the cost of any indirect taxes as per applicable laws
as amended from time to time (in addition to GST on amount deposited by the User). We
reserve the right to recover taxes that become due and payable to the respective
authority owing to any operation of law, demand by relevant authority or any judicial
pronouncement or otherwise. We reserve the right to deduct the said amount from the
User’s balance and deposit the tax with the government treasury.
Tax/levies/duty etc., as applicable on prizes (in cash or otherwise), shall be borne by
the User. With effect from 01 April 2023, in compliance with updates in applicable law,
TDS @ 30% shall be deducted at the time of withdrawal on positive “net winnings” in a
given financial year OR if there have been no withdrawals, as per closing balance at the
end of the financial year. Financial year shall be calculated from 01 April to 31 March.
Net winnings shall be calculated as follows:
Net winnings= [Cumulative withdrawals in the FY – (Cumulative deposits along with GST
thereon in the ongoing FY + Net winnings which have already been subjected to TDS during
the ongoing financial year + Opening balance of user as of 1st April 00:00)].
In case of any revisions by the Government of India to the aforementioned rate or the
definition of Net Winnings in the future, TDS shall be deducted by BigCash in accordance
with the revised TDS rate and the revised definition of Net Winnings.
Users will be provided TDS certificates in respect of such tax deductions. Users shall be
responsible for payment of any other applicable taxes, including but not limited to,
income tax, gift tax, etc. in respect of the Net Winnings. BigCash shall not in any
manner be responsible for users individual tax matters.
d) Miscellaneous
- 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, 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.
- 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.
e) Publicity
- 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.
22. Subscription Bonus :
Any bonus amount given to the user from the Subscription that remains unused at the end
of the day shall be forfeited by the company.
23. 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 and applicable law prevalent in India , including
provision of incorrect address or other personal details. Eligible Users also
undertake to fully indemnify the Company and their respective officers, directors,
employees and agents (including without limitation cost of attorney, legal charges
etc) for any direct or indirect loss/damage suffered by Company for failure to
comply with these Terms & Conditions or any applicable law prevalent in India
- 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.
c) Disclaimers
- 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.
d) Miscellaneous
- 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. Company may give
promotions from time to time in any form and manner, including bonus, (collectively
referred to as “Discounts”). All such Discounts shall be credited in a separate
Bonus Wallet. It reflects the maximum discount eligible to user subject to
fulfilment of conditions.
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