a. We, M/s. WIN365LIVE FANTASY SPORTS PRIVATE LIMITED , a Private Limited WIN365, incorporated under the Companies Act, 2013, having its registered office at “No. 473, 6th A Cross, Health Layout, Bangalore, India - 560091”, represented by its members, hereinafter referred to as the “WIN365” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.) The creator of these Terms of Service ensures 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”).
a. “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the WIN365, as the context so requires.
b. “You”, “Your”, “Yourself”, “User”, and “Customer” shall mean and refer to natural and legal individuals who use the Application or Website and who is competent to enter into binding contracts, as per Indian laws.
c.“Customer(s)” shall refer to those willing to participate in the contest(s) and purchase and avail other Online Fantasy Sports Gaming Services through the Platform.
d.“User” shall refer to both “Customer(s)” and potential Customer(s) accessing the Platform to register.
e. “Service(s)” refers to providing a Platform for Customer(s) to register and enjoy playing Online Fantasy Sports Game(s), including but not limited to, Cricket, Football, Kabaddi, Hockey, and Basketball, and receive live updates and information on real game(s) and matches.
f.“Third Parties” refer to any Application, WIN365 or individual apart from the User and the creator of this Application.
g.The term “Platform” refers to the Mobile or Web Application which provides the Customer(s) to use the facility to avail the services playing Online Fantasy Sports Games, including but not limited to, Cricket, Football, Kabaddi, Hockey, and Basketball and receive live updates and information on real games and matches.
h. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
j. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the WIN365, and that the User shall be subject to the rule(s), guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform and that the same shall be deemed to be incorporated into these Terms and shall be treated as a part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
k.The WIN365 reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements.If the User continues to use the Platform following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Platform and the Services. If the User does not adhere to the changes, you must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.
Registration is mandatory for the Users to access the Services provided by the WIN365 through the Platform.
Users shall register themselves on the Platform by providing information including but not limited to personal information such as Name, mobile number, email id, date of birth, PAN, Bank Details, and Valid ID proof.
The Users may also link their Facebook/Google accounts with the Platform at the time of their registration.
The Registration and use of the Platform are free of cost and no charges are applicable for the same.
Further charges may be incurred after registration depending on the Services the User would like to avail.
Registration for this Platform is available only to those above the age of Eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents.
Further, at any time during Your use of this Platform, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your Username and password and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so,we hold the right to permanently suspend your account.You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
Welcome to the world of WIN365, the Platform designed to give sports lovers the chance to build a career with the skills, knowledge, and passion they have for sports.
The WIN365 shall act as a facilitator/service provider for enjoying Online Fantasy Game, including but not limited to, Cricket, Football, Kabaddi, Hockey, and Basketball through the Mobile and Web Application.
Users may register on the Mobile and Web Application and create their own virtual team for upcoming real matches. Based on the real performance of the players, the Users can gain points and the winner shall be declared in the leader board, which shall be posted on the Web Application,Mobile Application, and various third-party Social Media platforms.
As a part of its services, the WIN365 may also make available the contest(s) on the Platform. Currently, the following contests are made available on WIN365 platform:
Individual users wishing to participate in such contest(s) ("Participants") are invited to create their own fantasy team ("Teams") consisting of real-life cricketers, footballers, basketball players or kabaddi players (as applicable) involved in the real-life sports matches, series or tournaments, as applicable (referred to as a "Sport Event"), to which the fantasy game relates. The WIN365 offers its Platform to Participants for fantasy game Contest(s) being created relating to each Sport Event, and Participant(s) can participate in such Contest(s) with their Team(s). Team(s) are awarded points on the basis of the real-life cricketers, footballers, basketball players or kabaddi players (as applicable) performances at the end of a designated match, round or tournament of the Contest(s). The Participant(s) whose Team(s) have achieved the highest aggregate score(s) in the Contest(s) shall be declared a winner(s) ("Winners"). In certain pre-specified Contest(s), there may be more than one Winner and distribution of prizes to such Winner(s) will be in increasing order of their Team's aggregate score at the end of the designated round(s) of the Contest(s). All the winnings would be deposited to the respective winner's account(s).
The Platform also provides the User with a digital wallet to deposit money and the Live Scores of ongoing sporting events are also made available to User(s).
The User represents and warrants that they are competent and eligible to enter into legally binding agreements and of 18 years of age and that they have the requisite authority to bind themselves to these Terms in accordance with the Law.
The User further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
The User may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by third parties and We have no control and make no guarantees 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 WIN365 and the copyright owner.
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 WIN365 has no control and make no guarantees 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 WIN365 and the copyright owner.
The Platform uses a combination of content created by the WIN365, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all software underlying the WIN365 and the Platform and material published on the Platform, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by WIN365, its partners, licensors and/or associates. 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 Platform either in whole or in part without express written license from the WIN365. Users may request permission to use any WIN365 content by writing an email to [email protected]
The User is solely responsible for the integrity, authenticity, quality, and genuineness of the content provided by them on the Platforms and whilst feedback and comments by Users can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform, or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the WIN365.
The Users hereby grant the WIN365 and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users' Content, which includes but is not limited to comments, reviews, team scores, Winner’s names, and contest results, for any of the following purposes:
This license shall apply to the distribution and the storage of Users' Content in any form, medium, or technology.
All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform belonging to any person (including Users), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties along with a notice to the WIN365.
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.
The Contests provided as a part of the Services of the Platform are GAME OF SKILL as success of Participants depends primarily on their superior knowledge of the games of cricket and/or football and/or basketball and/or kabaddi statistics, knowledge of players' relative form, players' performance in a particular territory, conditions and/or format (such as ODIs, Test cricket, Twenty20 and Ten10 in the cricket fantasy game), attention and dedication towards the Contests 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 these Contest(s), each Participant(s) acknowledges and agrees that he/she is participating in a Games of skill.
User(s) residing in Telangana, Assam, Orissa, Sikkim, and Nagaland will not be permitted to sign up for or participate in the paid Contests, in accordance with their respective State Gaming Legislation.
Currently, three types of the contest(s) are made available on the Platform
1) Paid Contest(s), where User(s) can participate in a pre-designated contest(s) with other User(s) by paying applicable fee without any restriction(s).
2) private contest(s), where User(s) can invite specific User(s) into a Contest(s) and restrict participation to such invited User(s).
3) Free contest(s), where user(s) can participate in a pre-designated contest(s) with other user(s) without paying any applicable fee with restriction(s)
A user can enter into a maximum of 1000 contest (including Paid contest(s), Private contest(s) and Free contest(s)) per match. Any participation in a contest more than 1000 shall be automatically prohibited. All rules applicable to Contest(s) as set out herein shall be applicable to all the format(s) of the Contest(s).
1) Paid Contest(s)
In the Paid contest(s) format of the Contest(s), WIN365 may make available the Contest(s) comprising of minimum 2 to 100 Participants or any other pre-designated number of Participants.
The WIN365 may create this format of the Contest as a paid format and the Winner will be determinable at the end of the match as per rule of the contest(s).
The number of Participant(s) required to make the Contest(s) operational will be specified in advance and once the number of Participants in such Contest(s) equals the specified number required for that Contest(s), such Contest(s) shall be operational.
In case, the number of Participant(s) is less than the specified number at the time of commencement of the match, such Contest(s) will not be operational and the pre-designated amount paid by each Participant shall be returned to the account of such User without any charge or deduction or such Contest(s) shall be operational on the basis of pre-specified winning percentage and not the actual pre-designated winning amount.
In certain Contest(s) across the WIN365 Services, designated as "Confirmed Contests", the Contests shall become operational even if a single Participant joins a Confirmed Contest. The specified number of winners to be declared in such Contest(s), even if all available Participant slots (as specified in relation to the Contests) may remain unfilled. It is clarified that notwithstanding the activation of such Contest(s), Participant(s) can continue to join such Contest(s) till either
2) Private Contest(s)
In the Private Contest format, the Platform enables User(s) to create a contest ("Private contest") and invite another user(s), whether existing User(s) or other, ("Invited User") to create Team(s) and participate in the Contest(s). User(s) may create a Private contest(s) to consist of a specified number of Participant(s), that is, consisting of at least 2 and up to 10000 Participants.
The User creating the Private contest(s) shall pay the pre-designated amount for such Private contest(s) and thereafter join that Private contest(s) and shall supply a name for the Private contest(s) and be provided with a unique identification code ("Contest Code") (which will be issued to the account of such User(s).
The User(s) agrees and understands that once the Private Contest(s) is created then no change(s) shall be permitted in the terms or constitution of the Private contest(s), except for a change in the name of the contest(s). The User creating the Private contest(s) shall provide the Platform with the email address or social media account username of Invited Users to enable the Platform to send a message or mail inviting such Invited User(s) to register with the Platform (if necessary) and participate in the Private Contest(s) in relation to which the invite has been issued.
In order to participate in the Private contest, an Invited User shall input the Contest Code associated with the Private Contest(s) and pay the pre-designated amount for the Private Contest(s). Once the number of Participants in a Private Contest(s) equals the number of pre-specified Participants for that Private Contest, the Private Contest(s) shall be rendered operative and no other Invited User(s) or User(s) shall be permitted to participate in the Private Contest(s).
In the event that any Private Contest(s) does not contain the pre-specified number of Participants for that Private contest within 30 minutes prior to the commencement of the match/Contest, the Platform will initiate an automatic refund of the amount deposited. Such refund shall be processed after the expiry of the deadline for filing of participants for such Private Contest(s) or the contest(s) shall be operational on the basis of the pre designated winning(s) in percentage.
It is clarified that the participation of Invited User(s) in any Private Contest(s) is subject to the pre-specified number of Participants for that Private contest(s), and the WIN365 and Platform shall not be liable to any person for the inability of any Invited User to participate in any Private contest due to any cause whatsoever, including without limitation hardware or technical malfunction or lack of eligibility of such Invited User to participate in the Contest(s)
3) FREE Contest(s)
In the free contest(s) format of the Contest(s), WIN365 may make available the Contest(s) comprising of minimum 2 to 100 Participants or there shall be no pre-designated winning amount.
In the free contest(s) format, the user(s) shall join the contest(s) to practice or to improve their GAME OF SKILL.
a. These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platforms.
b.A Customer may terminate their use of the Services and the Platform at any time.
c. The WIN365 may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
d.Such suspension or termination shall not limit our right to take any other action against you that the WIN365 considers appropriate.
e.It is also hereby declared that the WIN365 may discontinue the Services and Platforms without any prior notice.
The WIN365 reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.
The Platform also reserves the universal right to deny access to particular User(s) to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform.
The Platform reserves the right to limit, deny or create different access to the Platform and its features with respect to different Users, or to change any of the features or introduce new features without prior notice.
The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
By using this Platforms Services and providing his/her identity and contact information to the WIN365 through the Platform, the User hereby agrees and consents to receive calls, e-mails or SMS from the WIN365 and/or any of its representatives at any time.
Customers can report to [email protected] if they find any discrepancy with regard to Service-related information and the WIN365 will take necessary action after an investigation.
Registration to the Services on the Platform is free of cost. However, the use of services provided by the Platform will be chargeable. Users may register to participate in services including but not limited to paid and free contests by providing their verified mobile number and email address.
The Users must make payment of pre-designated amount to participate in the Paid Contests, which is inclusive of the pre-designated platform fee for access to the Platform Services charged by the WIN365 and pre-determined participant’s contribution towards Prize Money Pool.
Payment will be accepted in the following forms:Payment Methods
i. Debit Cards
ii. Credit Cards
iii.Digital Wallet (linked to an account on the App)
iv. Net Banking
v. Payment Gateways
The User(s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.
Subject to these Terms and Conditions, all amounts collected from the User will be held in a separate non-interest earning Account with an independent third party (hereinafter referred to as the “Agent”). The Agent is responsible for management of User accounts and prize pool, until the determination of the Winners, followed by distribution of prizes. The WIN365 receives only its share of the Platform Fees through the said Agent and has no control over the User Funds held by the Agent in a dedicated non-interest earning Account.
Refunds will only be provided if the match is cancelled or abandoned, due to either technical or non-technical issues, caused by unforeseeable circumstances or force majeure.
The WIN365 reserves the right to charge a Platform Fee, which would be specified and notified by WIN365 on the Contest page, being created on the Platform, prior to a User's joining of such Contest. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s account balance and the WIN365 shall issue a Digital invoice copy to their registered email ID.
The WIN365 will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, the WIN365 reserves the right to cancel all past, pending and future orders without any liability.
The WIN365 shall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect or otherwise) from the use of the Services. The WIN365, as a merchant, shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
The User agrees and acknowledges that they are a restricted User of this Platform and that they:
a. Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. We are not liable if the User has provided incorrect information.
b. Agree to ensure the email address, address and mobile number provided during account registration are valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime.
c. Agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
d. Understand and acknowledge that the data submitted is manually entered into the database of the Platform. The User also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference for the User, and to streamline the Services through the Platform.
e. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Live Scores, Customer Selections, Customer Purchases, Customer locations, User comments, reviews and ratings for personalization of Services, marketing, and promotional purposes and for optimization of User-related options and Services.
g. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the WIN365.
h. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The WIN365 disclaims any and all liabilities arising in relation to such offensive content on the Platform.
i. Expressly agree and acknowledge that the Content displayed on the Platform is not owned by the WIN365 and that the WIN365 is in no way responsible for the content of the same. The User may, however, report any offensive or objectionable content, which the WIN365 may then remove from the Platform, at its sole discretion.
j. Expressly consents to follow the terms and conditions, and policies of the Sellers affiliated with the WIN365 from whom the Users are making purchases.The User further undertakes not to:
a. Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
b. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
c. A probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
d. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked Platforms;
e. Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (ies);
f. Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Platform;
g. Violate any applicable laws, rules or regulations currently in force within or outside India;
i. Commit any act that causes the WIN365 to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services or any other supplier/service provider of the WIN365/Platform;Further:
j. The User hereby expressly authorizes the WIN365/Platform to disclose any and all information relating to the User in the possession of the WIN365/Platform to law enforcement or other government officials, as the WIN365 may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the WIN365/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
k. The User agrees to use the services provided by the WIN365, its affiliates, consultants and contracted companies, for lawful purposes only.
l. The User agrees to provide authentic and true information. The WIN365 reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found to be false, not to be true (wholly or partly), the WIN365 shall in its sole discretion reject the registration and debar the User from using the Services available on its Website, and/or other affiliated websites without prior intimation whatsoever.
m. The User agrees not to post any material on the website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
n. The User agrees not to collude with any other users or engage in any type of syndicate play or any violation of Contest rules or these Terms of Service;
o. The Users undertake not to accumulate points or prizes through unauthorized means and methods, including but not limited to use of automated bots, viruses or other automated or technical means;
p. The Users agree not to engage in any type of misuse of the Cash Bonus prizes, Invite Friends program, or any other offers or promotions;
Notwithstanding other legal remedies that may be available, the WIN365 may in its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to usage of the Platform to the User, without being required to provide the User with notice or cause:
a. If the User is in breach any of these Terms or the Policy;
b. If the User has provided wrong, inaccurate, incomplete or incorrect information;
c. If the User’s actions may cause any harm, damage or loss to the other Users or to the WIN365, at the sole discretion of the WIN365.
a. Your use of the Platform,
b. Your violation of these Terms and Conditions;
c. Your violation of any rights of another;
d. Your alleged improper conduct pursuant to these Services;
e. Your conduct in connection with the Platform;
You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent.
In no event shall the WIN365/Platform be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the WIN365/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the Services or materials contained therein.
a. The Founders/ Promoters/ Associated people of the Platform/Platform are not responsible for any consequences arising out of the following events:
i. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
ii. If the User has fed incorrect information or data or for any deletion of data;
iii. If there is undue delay or inability to communicate through email;
iv. If there is any deficiency or defect in the Services managed by Us;
v. If there is a failure in the functioning of any other service provided by the Platform.
b. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the User through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
c. Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
d. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
e. To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including
material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the WIN365 or the respective copyright or trademark owner. Furthermore, with respect to the Platform created by the WIN365, the WIN365 shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.
The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the WIN365/Platform, to be determined in the sole discretion of the WIN365.
The User is aware all intellectual property, including but not limited to copyrights, relating to said Services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the WIN365, or to any other User. The User is aware that the WIN365 merely
provides a Platform through which the Users can communicate and schedule meetings, and the WIN365/the Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from originally created graphics and specified content
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a. The User agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.
b. The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any guarantee or warranty, and the Platform disclaims all liabilities resulting from these.
c. The WIN365/Platform does not guarantee that the Services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Platform.
d. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy
e. To the extent permitted by law, the WIN365 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.
f. The WIN365 may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against WIN365 or question its right to modify such prizes being offered, prior to closure of the Contest.
g. The WIN365 and Platform claim no affiliation, unless otherwise specified by the WIN365, with any governing sports bodies, including but not limited to the Indian Premier League (IPL), the Athletics Federation of India (AFI), Fédération Internationale de Football Association (FIFA), and the International Cricket Council (ICC).
h. The Platform will not bear any responsibility for the transportation or packaging of prizes to the respective winners. The WIN365 shall not be held liable for any loss or damage caused to any prizes at the time of such transportation.
i. The Winners shall bear the shipping, courier or any other delivery cost in respect of the prizes.
j. The Winners shall bear all transaction charges levied for delivery of cash prizes.
k. 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.
Neither the WIN365 nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
b. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the WIN365, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bangalore. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the WIN365 by the User by emailing to [email protected]
a. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the WIN365 with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
b. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
d. Taxes Payable: All prizes shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961. As of April 1, 2018, the TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- is 31.2% of the total prize money amount. In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by the WIN365 in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money.
e. Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at [email protected]