Disclaimer

We, M/s. WIN365LIVE FANTASY SPORTS PRIVATE LIMITED (hereinafter referred to as the “Company”) is a Private Limited Company, incorporated under the Companies Act, 2013, having its registered office at “No. 473, 6th A Cross, Health Layout, Bangalore, India - 560091”, represented by its proprietors and members, where such expression shall, unless repugnant to the context thereof, be deemed to include its proprietor, respective legal heirs, representatives, administrators, permitted successors and assigns. The creator of the Policy ensures a steady commitment to Your privacy with regard to the protection of your invaluable information. This document contains information about the Mobile Application “WIN365” and its Web Application https://win365.live (hereinafter collectively referred to as the “Platform”).

Timings/prices/details shown on the Platform with regard to the service will be tentative, we will not be responsible for any delay. Any changes in content displayed are subject to changes in factors including but not limited to market conditions, demands for service, the performance of players, unexpected outcomes, force majeure, etc.

The Company also makes it clear that it shall not be held liable for any damage/hurt/inconvenience caused to the Customer through the course of the provision of Services or as a result of the Users’ actions. The Company makes no representations, warranties or guarantees as to the conduct of the Users. The Company takes no responsibility for any content that Users send or receive from other Users or Third-Party posts through the service. Any material downloaded or otherwise obtained through use of the service is accessed at the Users own discretion and risk.

The facilities and Services on the Platform are intended to be subject to availability, without any promises or guarantees on the same by the Company, and while certain information available on the Platform and Software is the property of the Company and the Company endeavours to keep the said information updated and accurate, the Company shall not make no representations, warranties or guarantees of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Platform or the information, products, Services, or related graphics contained on the Platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

The Company bears no responsibility whatsoever for any consequences arising from the use of the said Services by Users. The use of the Services and the Platform is the sole responsibility of the User (or legally authorised person on behalf of the User), and in case of any negligence on the part of the User in acting on the same shall not be construed as imposing any liability, direct or indirect, on the Company/Platform.

The Company shall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect or otherwise) from the use of the Services.

In no event will the Company be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Platform.

The Platform makes use of a variety of Digital Content, including but not limited to the photographs of Cricketers, the Logos of various Sports Franchises, and Live scores and performances. The Company has no control and makes no guarantee regarding the quality, the accuracy, integrity or genuineness of such Content. All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the Company and the copyright owner.

The Platform, in its use of the above mentioned Digital Content, makes no claims as to any rights held over the material used, including but not limited to photographs of various Sports Players, Franchise Logos of sports companies, and Live Scores and performances in matches. The Company makes no claim over any rights for use of the information and materials posted and contains no Copyrights over the same.

The Company provides its users with factual and statistical information regarding the sport of cricket. Under United States law, this factual and statistical information is not copyrightable as specified in Feist Pub., Inc. v. Rural Telephone Serv. Co., Inc., 499 U.S. 340, 345 (1991). The same is also applicable under the Indian Copyright Act, 1957, and reaffirmed by the Supreme Court of India in R.G Anand v. Delux Films, AIR 1978 SC 1613. News, facts and information may also be freely used under the EU Database Directive. As the main criteria for copyright protection are originality, only the manner in which the news is collected, presented, used or stored may be copyrighted.

We will thereby not respond to notices claiming copyright infringement in relation to the Company's republication of factual or statistical information on the Platform, and any attempts to issue a notification of infringement related to these protected areas will be met with consequent legal action against them for misrepresentation and fraud.

We are, however, in the interest of protecting the rights of those to whom it is legally assigned. Upon being notified of any alleged infringement with respect to any photographs, logos or content available on the Platform, the Company will in good faith make every effort to ensure that any infringed content will be removed and all concerned parties notified. Any notices pertaining to infringement of copyright may be sent to [email protected]

To ensure speedy removal of the infringed property and an amicable settlement of any such dispute, we request you to provide us with “proof of ownership”, along with the notice detailing the circumstances of the matter, which must include either the requisite Copyright Registration Certificate or proof of the Original Work protected by the copyright, as per the Indian Copyright Act, 1957.

The Company is also a complaint under the Digital Millenium Copyright Act. We accordingly will maintain a designated Copyright Agent, who will receive notifications of alleged infringement. You recognize that if you fail to comply with the requirements of the Digital Millennium Copyright Act's notification requirements, your DMCA notice may not be processed.

If you are a copyright owner, or the authorized agent of a copyright owner and you believe that content hosted on the Website infringes upon your copyright rights, you may submit a Notice or notification to us at [email protected] in the format specified in the Digital Millennium Copyright Act, as the case may be, by providing our registered Copyright Agent with the following information in writing:

a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b) Identification of the copyrighted work claimed to have been infringed, or if multiple works have been allegedly infringed, a specific list of such works and their specific location on the Website;

c) Proof of Ownership and Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit The Company to locate the material;

d) Information reasonably sufficient to permit WIN365 to contact you, such as an address, telephone number, fax number, and, if available, an email address;

e) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe that content has been removed from the Website in error, you may file a counter-notice with the Company’s designated Copyright Agent specifying the material that has been erroneously removed or file a counter-notification with the designated Copyright Agent that complies with the requirements of the Digital Millennium Copyright Act.

Through this Platform, you are able to link to other Platforms which are not under the control of the Company. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the Platform up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond our control.

The Company also advises Users to be careful while sharing their details on the site. All payments are made through third party payment gateways. The Platform does not bear any liability for any details shared by Users, whether accidental or otherwise, and any and all activity by the User on the Platform will be deemed to be that of the User.

The Company Provides The Service On An “as Is” And “as available” Basis And To The Extent Permitted By Applicable law, Grants No Warranties Of Any Kind, Whether Express, implied, Statutory Or Otherwise With Respect To The Service (including All Content Contained Therein), Including, without Limitation, Any Implied Warranties Of Satisfactory quality, Merchantability, Fitness For A Particular Purpose or Non-infringement.

To The Maximum Extent Permitted By Applicable Law, We Will have No Liability Related To User Content Arising Under intellectual Property Rights, Libel, Privacy, Publicity, obscenity Or Other Laws. Website Also Disclaims All Liability with Respect To The Misuse, Loss, Modification Or unavailability Of Any User Content.

The User Understands And Agrees That Any Material Or Data downloaded Or Otherwise Obtained Through The Platform is Done Entirely At His/her Own Discretion And Risk And he/she Will Be Solely Responsible For Any Damage To His/her computer Systems Or Loss Of Data That Results From The download Of Such Material Or Data. We Are Not responsible For Any Typographical Error Leading To An invalid Coupon. Platform Accepts No Liability For Any errors Or Omissions, With Respect To Any Information provided To You Whether On Behalf Of Itself Or Third parties.

The Advertisement Available On E-mail Or Website With respect To The Third-party Website Or The Products And services Are For Information Purpose Only.