Terms & Conditions of use
(Participation/ User Agreement)
- 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.
- 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 , email , 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 to 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.
- 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.
- Pooled
Wagering: Eligible User(s) would wager against the house
- Eligible User(s) place
their Wagering amount within a time limit (say in a 10 secs window before a game starts, the
user must place his wagering amount).
- A visually engaging plane
or rocket takes off, with its altitude representing a constantly increasing multiplier. The
wagered amount multiplies corresponding to the rocket multiplier.
- The rocket takes off, and
the multiplier starts increasing.
- Eligible User(s) can cash
out at any time by clicking the "Cash Out" button while the rocket is still in
aviation
- Real-Time Cash-Out:
Eligible User(s) can cash out their winnings at any point before the multiplier crashes,
securing their multiplied wagered amount.
- If an Eligible User(s)
cashes out before the rocket crashes, they win their wagering amount multiplied by the current
multiplier.
- If the rocket crashes
before an Eligible User(s) does Cash Out, they lose their wagered amount to the house.
- The crash point of the
rocket is decided by a Random Number Generator logic with weighted probability of crash.
- The weighted probability
of crash is defined as follows:
Multiplier Crash range
|
Crash Probability %
|
1.00-1.00
|
2
|
1.01- 1.30
|
18
|
1.31- 1.50
|
25
|
1.51 - 1.70
|
18
|
1.71- 2.00
|
10
|
2.01- 2.30
|
3
|
2.31- 2.50
|
3
|
2.51- 3.00
|
6
|
3.01- 5.00
|
4
|
5.01-6.00
|
4
|
6.01-8.00
|
3
|
8.01-9.00
|
2
|
9.01-10
|
2
|
Total
|
100
|
- Eligible User(s) can view
last 15 crash data for analysis and strategy at any point before starting a game.
- The round ends after the
rocket have crashed
- If the rocket crashes
before an Eligible User(s) does Cash Out, they lose their wagered amount to the
house.
- Disconnection: In case a
user has wagered 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
wagered amount.
- Rocket skill 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 Rocket Skill.
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 "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.
- 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.
- 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.
- 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.
- Tabulation of points
Companymay obtain the score feed and other information
required for the
computation and tabulation of fantasy points from third party service
provider(s) and/or official
website of the match organiser. In the rare event that any error in the
computation or tabulation of
fantasy points, selection of winners, abandonment of a match etc., as a result
of inaccuracies in or
incompleteness of the feed provided by the third-party service provider and/or
official website of
the match organiser comes to its attention, Company shall use best efforts to
rectify such error
prior to the distribution of prizes. However, Company hereby clarifies that it
relies on the
accuracy and completeness of such third-party score/statistic feeds and does not
itself warrant or
make any representations concerning the accuracy thereof and, in any event,
shall take no
responsibility for inaccuracies in computation and tabulation of fantasy points
or the selection of
winners as a result of any inaccurate or incomplete scores/statistics received
from such third party
service provider.Eligible Users and participants agree not to make any claim
raise any complaint
against Company in this respect.
- 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.
- 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.
- 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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