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INTRODUCTION - WHO WE ARE AND WHAT WE DO?
We are the flagship brand of Tricity Games Private Limited, offering Our Platform
to You and an opportunity for You to participate in Contests spanning across a broad
range of officially sanctioned live sporting events (“Services”). An illustrative list of
such sporting events is mentioned below as maybe modified from time to time
(“Sports”):
- Cricket
- Football
- Basketball
- Baseball
- Hockey
- Handball
- Volleyball
- Kabaddi
Any person using, accessing and/or participating in any fantasy sports-related free-to-play online gaming contests (“Practice Contest”) and/or pay-to-play online gaming contests (“Paid Contest”) on Our Platform is a user (“User”). All references to “You/Your” relate to the User. All references to “We/Us/Our” relate to
“Tricity” which denotes a collective reference to the Tricity mobile application and the Tricity website (hereinafter collectively referred to as “Platform”). Practice Contest and Paid
Contest are hereinafter collectively referred to as “Contests”.
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ACCEPTANCE OF OUR TERMS AND CONDITIONS
Your continued usage of Our Platform constitutes Your acceptance of the terms and conditions, including any additional terms that We may make available to You (“Terms") and are contractually binding on
You.
You accept that in the event of any variance between these Terms and any additional terms relating to the usage of Our Platform or any Contest, the additional terms will prevail.
By accepting these Terms, You agree and consent to receive communications from Us and/or Our partners, licensors or associates for any purpose through the following modes:
- Announcements;
- Administrative messages/direct messages ;
- Advertisements;
- direct notification to your account; and
- by any other means that We may consider fit for this purpose.
You agree that You shall mark Us as a safe sender on all Your platforms where You receive any such communications from Us (including via email and SMS) to ensure such communications are not transferred to the spam/junk
folder.
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USER ACCOUNT
- You are required to register on Our Platform to create an account to access Our Services (“Account”). At the time of creating Your Account and/or at any time during the utilisation of Our Services, You will
be required to provide any and/or all of the following information and/or documents:
- Your full name;
- Your team name;
- Your mobile number;
- Your full address and state of residence;
- Your gender; and
- Your date of birth.
- Aadhar number
- Any other valid identification
- Bank Account information
- UPI ID
- Permanent Account Number (PAN)
We reserve the right to conduct KYC as may be required from time to time in the manner prescribed under such law.
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ELIGIBILITY
- To participate in any Paid Contest, you must meet the following eligibility criteria:
- You must be above the age of 18 years.
- You must be residing in India.
- You must have a valid Indian mobile number to create an Account.
- Please note that Paid Contests are not permitted in the following states (“Restricted States”):
- Andhra Pradesh;
- Assam;
- Nagaland;
- Sikkim; and
- Telangana
- You agree that You are not from any of these Restricted States and You shall refrain from making any false disclosures, declarations and/or representations to Us to circumvent the applicable laws and/or regulations of
the territory of India (“Applicable Law”) of the Restricted States to participate in any Paid Contests.
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CONTEST RULES AND FORMAT
- CONTEST RULES
You agree and acknowledge that:
- To participate in a Contest(s), You are required to create a fantasy team (“Team”), by selecting real-life players who are participating in the specific Sports.
- You must finalise Your Team for the relevant Contest before the start time and/or any other adjusted time (as specified below) of the Sports (“Contest Deadline”). We may notify any extensions to the Contest Deadline in advance.
- Each Contest will require a minimum number of Users to participate in the Contest for it to become operational (“Pre-specified Number of Users”)
- In the case of a multiple-entry contest, a User may create multiple Teams to participate in such a Contest (“Multiple Entry Contest”). We reserve Our right in Our sole discretion to restrict the maximum number of Teams You may submit for each Contest format.
- You may participate in the Paid Contests by paying a pre-designated amount as specified on the relevant Contest page (“Pre-Designated Amount”).
- For each Contest, We will create a prize pool consisting of contributions from all participating Users (“Prize Money Pool”).
- For clarity, we have no right or interest in this Prize Money Pool.
- We reserve a right to deduct a fee from the Pre-Designated Amount in lieu of the Service being provided by Us (“Platform Fees”) and the balance amount shall constitute Your contribution towards the Prize Money Pool.
- From time to time, we may conduct/organize promotions/offers on the Platform. Your participation in such promotions/ offers shall be in accordance with the terms and conditions applicable to the Promotion.
- You can participate in up to 2000 Contests per match.
- You can only create a maximum of 20 (twenty) Teams for any Contest You are participating in.
- Our starting line-up feature in relation to the Contests is only to guide and assist the User in selecting their Team(s). In indicating a player’s inclusion in a starting line-up, We rely on information/data received from third-party data feed service providers (“Data Feed Providers”) and/or publicly available information.
- Prior to creating your Team, We strongly recommend You conduct Your own independent research of player statistics, pitch conditions, weather conditions, player performances, track record of competing teams, winning record of captains and vice captains.
- Flexible and Non-Flexible Contest
(a) A Contest will be operational even if a minimum of (2)two Users join such a Contest (“Flexible Contest”)
(b) A Contest will be operational only if the number of Users participating in such Contest is equal to the limit set by us in case of a Public Contest and by You in case of a Private Contest (“Non-Flexible Contest”)
(c) The Prize Money Pool shall be directly proportional to the number of Users participating in a Flexible Contest. For clarity, the Prize Money Pool specified on the Contest page will decrease if the number of Users
joining the Contest is less than the limit set by You for a Private Contest and by Us for a Public Contest.
- In participating in Contests, You agree to strictly comply with the Terms, including additional rules published by Us, such as:
(a) “Fantasy Rules” ( available at How to Play - Fantasy Cricket or How to Play - Fantasy Football or How to Play - Fantasy Kabaddi or How to Play - Fantasy Volleyball or How to Play - Fantasy Hockey or How to Play - Fantasy Basketball or How to Play - Fantasy Baseball or How to Play - Fantasy Handball or How to Play - Fantasy American Football; and
(b) any other rules and regulations (including without limitation in relation to payments made to participate in any Contest)
- CONTEST FORMATS
- Public Contest
A Public Contest is a Contest where You can participate with other Users without any restrictions.
Features of Public Contests:
- Public Contest can either be a Flexible Contest or a Non-Flexible Contest.
- We reserve the right to cancel the Public Contest if the number of participating Users is less than the Pre Specified Number of Users. If cancelled We will return Your Pre Designated Amount without any deduction.
- If a Contest is labelled as a "Guaranteed Contest" it will become operational when the Pre-Specified Number of Users join the Contest. The Prize Money Pool for each Guaranteed Contest is predetermined. We will cover the shortfall if there are not enough Users in a Guaranteed Contest to meet the guaranteed Prize Money Pool.
- We will declare the winners as per the Contest page, regardless of the number of Users joining the Contest
- Private Contest
A Private Contest is where You can create a Contest and invite other Users (“Invited Users”) to join your Contest.
Features of Private Contest: To create a Private Contest, You need to ensure
- You provide a name to the Private Contest;
- You set a limit on the number of Users joining the Private Contest, which can range from 2-20,000 users;
- You will have the right to select whether Your Contest will be a Flexible Contest or a Non - Flexible Contest.
- Pay the Pre-Designated Amount to join the Private Contest.
- After You create a Private Contest, We will provide a unique identification code for the Private Contest that You can share with other Users for participating in the Private Contest (“Contest Code”).
- You will not be able to make any changes to the terms of the Private Contest once created
- Invited User(s) must enter the Contest Code and pay the Pre-Designated Amount to join the Private Contest.
- We will refund the Pre-Designated Amount if one hour before the Contest Deadline, the users participating in the Private Contest are less than
- either the Pre-Specified Number of Users as applicable for a Flexible Contest; or
- the limit set by You for a Non-Flexible Contest.
We will process the refund after the expiry of the Contest Deadline.
- We will not be liable to the Invited User(s) for their inability to join the Private Contest for any reason not attributable to Us
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WINNING
- WINNER DECLARATION
- Teams are awarded points based on the performance of Your Team at the end of
the Contest. The User’s Team with the highest score(s) in the Contest will be
declared as the winner (“Winners”). In certain pre-specified Contests having
more than one Winner, the distribution of prizes to such Winners will be in
increasing order of their Team’s aggregate score at the end of the relevant Sports
relating to such Contest.
- The Winner(s) will be selected based on the highest aggregate scoring User Team
in a particular Contest (where the duration of the Sports can range from 1 day to
5 days).
- The number of eligible winners and prizes for the Contest(s) will be announced
on the Contest page before the Contest begins.
- GENERAL RULES FOR DISTRIBUTION OF WINNINGS
- The User accumulating the highest points at the end of a match shall be eligible
to win a pre-designated winning disbursed out of the Prize Money Pool as stated
on the relevant Contest page.
- If there is a tie, the winnings will be distributed evenly among the declared
winners.
- We reserve the right to vary or modify the winnings at Our discretion before the
Contest Deadline.
- You agree that any winnings in the nature of prizes or rewards awarded by Us
shall be governed by the terms and conditions of such specific promotional
events.
- We reserve the right to disqualify any Winner and prevent them from
withdrawing their winnings or receiving any prize if:
- any of the document or information submitted by You are incorrect,
misleading, false, fabricated, incomplete or illegible; or
- You created teams on behalf of other Users.
- You do not abide by these Terms.
- You have falsely declared your State and entered the contest from prohibited
states as per clause IV above.
- TABULATION AND SCORING
We use Data Feed Providers and/ or the official website of the Sports Event
organiser to obtain scores and relevant information required for calculating the
fantasy points.
If there is an error in calculating the fantasy points that are brought to Our attention
due to inaccuracies or incompleteness of the information provided by the Data Feed
Provider, We shall do Our best to rectify said errors before distributing the prizes.
- VERIFICATION OF WINNERS
- We or our third-party service providers working on behalf of us may contact the
Winners on the email address provided at the time of Account creation. At this
stage, Winner will be explained the details of the verification process and the
documents required for collecting the prize.
- If You have been declared as a Winner on Our Platform but have not received
Your Winnings, You may contact Our Helpdesk within forty-eight (48) hours of
the Winner declaration to help us resolve your concern at the earliest.
- You agree and acknowledge that Our decision with respect to awarding the
Winnings as per the Terms will be final and binding on You.
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PAYMENT TERMS
The below terms govern all payment-related transactions made by You, and You agree to
abide by them.
- PAYMENT ACCOUNTS
By accessing and using Our Platform, You are provided with the following categories
of accounts for processing and reconciling Your payments:
- Unutilized Account - This account holds any amount remitted by You through a
designated payment gateway for availing Our Services; and
- Winning Account - This account holds your winnings in any Paid Contests.
- DISCOUNT OFFERED
- In order to conduct promotional activities and provide incentives, We may issue
discounts to You which may be utilised for joining any paid Public Contest(s)
(“Discount(s)”). You agree to the following
- You shall not be permitted to transfer or withdraw any amount of Discounts
offered to any other account including Your bank account.
- The utilisation of any Discount shall be subject to certain terms which will be
notified to You at the time of issuance of any Discount.
- Discount shall be issued at our sole discretion and will not be demanded as a
matter of right.
- Discount will be applied towards the Pre-designated Amount for joining any
Contest.
- Upon termination of Your Account, all Discounts shall be forfeited and You
shall not have any right or interest on such Discount.
- Any Discount issued to you may take up to 24 hours to reflect in their
respective Discount account as defined below. You agree not to hold Us
responsible or liable for any delay, including any loss of opportunity to join
any Contest(s) due to delay in crediting the Discount.
- In the event of any conflict between these Terms and the terms specific to the
Discount, if any, the Discount terms shall prevail.
- We offer the following Discounts
- Discount Point
We may award discount points at the time of a successful deposit in your
Unutilised Account (“Discount Point”). Your utilisation of the Discount
Points shall be subject to the following terms and conditions:
- Discount Points shall be valid for a period of three (03) months from the
date of issuance
- Discount Points shall be credited to your Discount Point account
(“Discount Point Account”).
- While participating in any Paid Contest, a certain percentage of available
Discount Points in Your Discount Point Account shall be applied to the
Pre Designated Amount.
- Deduction of Discount Points from the Pre-Designated Amount is in
addition to any other Discounts available to You.
- You agree that in the event of any request for refund of the amount
deposited in the Unutilised Account, any Discount Points awarded to
you in connection with such amount deposited shall stand forfeited and
you will not be able to utilise such Discount Points.
- If a match is abandoned or cancelled, the applicable Discount Points
deducted from the Pre Designated Amount shall be returned to Your
Discount Point Account.
- Discount Bonus
We may at our discretion as part of our Promotion issue a Discount bonus to
You in accordance with the terms and conditions applicable to such
Promotions. (“
Discount Bonus”). In addition to the terms relating to the
Promotion, You agree to the following:
- Discount Bonus shall be credited to your Discount Bonus account upon
fulfilling the applicable conditions under the respective Promotions
(“Discount Bonus Account”).
- Discount Bonus will be automatically deducted from the Pre- Designated
Amount payable by You.
- Discount Bonuses shall be valid for a period of 14 days from the date of
the credit
- Discount Coupons.
We may grant Discount coupons at Our sole discretion and each Discount coupon
shall be governed by the specific terms and conditions as notified by Us at the
time of grant of such Discount coupons. You acknowledge that Discount coupons
shall have their own validity and specific terms and conditions available on the
Platform. In case of any conflict between these Terms and the terms specific to
the Discount coupon, the terms specific to the Discount coupon shall prevail.
- PRE - DESIGNATED AMOUNT PAYMENT
- When You join any Contest, subject to the deduction of Discount Bonus and
Discount Points (if any), the Pre-Designated Amount gets debited first from the
Unutilised Account, and then from Your Winnings Account. For the Unutilized
Account, debits will be made in order of the date when the funds were first
credited.
- If You do not have enough balance in either of your Accounts to participate in
any Paid Contest, You will need to remit the Pre-Designated Amount required to
join the Contest(s). You agree that any amount deposited shall be subject to
deduction of applicable GST in accordance with these Terms.
- WITHDRAWALS PROCESSING
- You will be prompted to provide certain documents for processing your
payments and verification purposes at the time of your first withdrawal.
- The name mentioned on the identification document as provided by You at the
time of withdrawal should correspond with the name provided by You at the time
of Account creation.
- We will process your withdrawal after verifying your bank account details and/
or UPI ID (as applicable). Upon verification, we will debit the amount from your
Winning Account and transfer it online to your bank account at the earliest.
- We may charge any processing fee for the online transfer of funds from your
Winning Account to Your bank account
- We depend on banks and third parties to process transactions on Our Platform.
Thus, we may take up to 24 hours to process any payments to Your bank
account. You agree not to hold Us responsible or liable for any delay in
processing any payments.
- A transaction, once confirmed, is final, and no cancellation is permissible.
- TAXES PAYABLE
- From 01 October 2023, 28% GST is applicable on the amount deposited by You in
Your Unutilised Account. You can view the GST paid on each deposit made by You
in the Unutilised Account on the ‘My Transaction’ page on the Platform. The GST
value listed on the invoice shall be the final GST amount charged to You
- All winnings shall be subject to deduction of tax (“TDS”) as per the Income Tax
Act 1961. With effect from 1st April 2023, TDS of 30% shall be deducted from Net
Winnings (“NW”) on each withdrawal request placed by You.
- For the purpose of calculating NW:
- calculation of NW for the first withdrawal during the Financial Year (“FY”):
NW = A - (B+C)
A = Aggregate amount withdrawn from the Winning Account;
B = Aggregate amount of non-taxable deposit made in the Unutilised Account
till the time of withdrawal;
C = balance amount in the Unutilised Account and the Winning Account at the
beginning of the FY (“Opening Balance”);
NW shall be Zero if the sum of B & C is equal to or greater than A
- calculation of NW during the FY in each subsequent withdrawal from the
Winning Account
NW =A-(B+C+E)
A = Aggregate amount withdrawn from the Winning Account till the time of
such withdrawal including the amount of such subsequent withdrawal;
B = Aggregate amount of non-taxable deposit made in the Unutilised Account
till the time of such subsequent withdrawal;
C = balance amount in the Unutilised Account and the Winning Account at the
beginning of the FY (“Opening Balance”);
E = NW comprised in earlier withdrawal or withdrawals during the FY until this
subsequent withdrawal if tax has been deduced on winnings comprised in such
withdrawal or withdrawals
NW shall be Zero if the sum of B, C & E is equal to or greater than A
- calculation of NW at the end of the FY
NW =(A+D)-(B+C+E)
A = Aggregate amount withdrawn from the Winning Account during the FY;
B = Aggregate amount of non-taxable deposit made in the Unutilised Account
during the FY;
C = balance amount in the Unutilised Account and the Winning Account at the
beginning of the FY (“Opening Balance”);
D = balance amount in the Unutilised Account and Winning Account at the end
of the FY (“Closing Balance”) and
E = Net Winnings comprised in earlier withdrawal or withdrawals during the
FY until this subsequent withdrawal if tax has been deduced on winnings
comprised in such withdrawal or withdrawals;
NW shall be Zero if the sum of B, C & E is equal to or greater than sum of A &
D
- In the event, You do not withdraw any of Your winnings during a financial year and
You have Net Winning balance as of 31 March of each year, then TDS of 30% shall
be deducted on such Net Winnings balance from Your Winning Account as on 31
March as calculated above.
- In case of any revisions by the Government of India to the aforementioned rate or
the definition of Net Winnings in the future, TDS will be deducted by Us in
accordance with the then-current prescribed TDS rate and the revised definition of
Net Winnings. Winners will be provided TDS certificates in respect of such tax
deductions. The Winners 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. We shall not in any manner be responsible for users' individual tax
matters.
- REFUNDS
- We will refund any amount left in your Unutilised Account if your Account gets
suspended or removed
(a) due to Our failure to provide Services,
(b) any instruction received from any government or regulatory authority
- We will refund the Pre-Designated Amount paid by You in case any Contest is
abandoned in accordance with these Terms.
- We shall deactivate Your Account pursuant to any direction issued by an
appropriate government agency and/or competent authority. If We receive
requisite instructions from such authority, We shall refund the deposited amount
from Your Unutilised Account to the source account, subject to applicable
processing fees.
- In the event Our Services are not available due to reasons outside Our control,
including but not limited to any failure to perform due to unforeseen
circumstances or cause beyond Our control, such as acts of god, war, terrorism,
riots, embargoes, acts of civil or military authorities, fire, floods, accidents,
pandemic, epidemic, network infrastructure failures, strikes, or shortages of
transportation facilities, fuel, energy, labor or materials or any cancellation of
services available on Our Platform (each a “Force Majeure Event”), then We
reserve the right to cancel any Contest and process refund of the Pre - Designated
Amount.
- In the event of a Public Contest involving only two Users, where both the Users
have entered the same teams (including the same captain and vice-captain), the
Prize Money Pool and the Platform Fee shall be equally divided between the
Users. Your portion of the Prize Money Pool shall be credited into Your Winning
Account and Your portion of the Platform Fee shall be credited in the Discount
Bonus Account.
- If there is any request for withdrawal of amount deposited in Unutilised Account,
such refund request shall be processed net of GST i.e. applicable 28% GST paid
on the amount deposited in Unutilised Account shall not be eligible for refund as
per applicable government laws.
- USER FUNDS
- You hereby authorise Us to appoint an independent third-party/ trustee/ escrow
agent to act on your behalf (“Third Party”) who will be holding any amount
deposited by You in a fiduciary capacity.
- You acknowledge that
- We do not hold any right, title and/or interest in the amount deposited by
You.
- the amount deposited by You will be used only for participation in the Paid
Contest.
- any amount deposited by You, shall not be forfeited by Us except in case
where We receive an instruction from any government agency or competent
authority.
- You further authorize Us to instruct the Third Party to open a non-interest
earning bank account(s) which will be used for the following payouts:
- withdrawal of Your winnings;
- payment of Platform Fee;
- payment of taxes as applicable towards TDS on Net Winnings; and
- Government (toward GST payable)
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YOUR CONDUCT
In using and accessing Our Platform, You agree to observe the following code of
conduct:
- ACCOUNT INFORMATION
- You are permitted to create only one Account on Our Platform. When creating
Your Account with Us (or updating Your Account information), You agree that
You will provide true, accurate and updated information and documentation. You
will not provide any false and/or incorrect information and documentation nor
impersonate or attempt to impersonate and/or otherwise assume the identity of
another person without due authority. You will not commit any such fraudulent
act which amounts to forgery and/or involves the fabrication of documentation.
- You agree and acknowledge that the address-related details provided by You
shall be treated as Your “Address on record” for the purposes of the Goods and
Service Tax Act.
- You agree that You shall promptly update your Account related details on Our
Platform in the event of any change in such details and/or write to Our helpdesk
in the event of any; a) change in Your Account related details and/or; b) any
unauthorised use of Your Account to enable us to take remedial action.
- MAINTAIN CONFIDENTIALITY
- You will maintain the confidentiality of all information relating to Your Account,
and You will not share Your One Time Password (“OTP”) with any other person;
- You will not engage in any fraudulent conduct in logging into another user’s
account by asking for their account-related information or taking their OTP.
- COMPLIANCE WITH APPLICABLE LAW
- You agree to comply with Applicable Laws.
- You agree that You shall not commit any illegal act that disrupts Our systems.
- VIOLATION OF PLATFORM TERMS
- You shall not engage in any Fair Play Violation.
- You shall not violate any of the Terms in using and accessing Our Platform and
Services;
- You shall not misuse any Discount and/or any other offers or promotions given
by Us.
- You agree that you shall use the Platform and Our Services solely in Your
personal capacity, and You will not engage in malpractices or collude with other
Users in deriving any benefit and/or running any business in connection with the
use of Our Platform and/or Services.
- You shall not be engaged in any form of insider trading, i.e. illegally sharing and
seeking non-public information, knowledge of participating teams in any given
contests/match, strategies, organizing boards, leagues etc. which may give You
an unfair competitive advantage. (“Insider Trading”)
- You shall not tamper, modify, or otherwise deal with our data, content, software,
technology and/or Intellectual Property by any means.
- RESPONSIBLE PLAY
We're committed to fostering responsible gaming for all our users. You agree to
participate in the Contests responsibly by making informed decisions and playing
within Your means. You are encouraged to seek help if needed.
- ADDITIONAL FEATURES
We offer Our Users additional features on our platform
- Chat Feature: is a tool that allows You to communicate with each other in
real-time on the Platform either in a public or private setting (“Chat Feature”).
You agree to observe the following code of conduct:
- You shall not engage in illegal, obscene, abusive, offensive, racially
insensitive, communal, objectionable, defamatory, or otherwise
inappropriate and immoral conduct
- You shall not harass, bully, stalk, threaten, or otherwise violate any rights
of other Users;
- You shall be responsible for all content published, contributed, and made
available by You on Our Platform. This includes any content You share
with Us (“User Content/Your Content”).
- Your Content shall not be immoral, profane, defamatory, or offensive;
- You shall not use Our Platform for advertising, offering or selling any
goods or services for commercial gain except with Our prior written
consent;
- You shall not restrict or inhibit any other User from using Our Platform;
- You shall not publish any content on Our Platform which is patently false,
with the intent to mislead or harass any person or third party, whether for
financial gain or to cause any injury to any person or otherwise;
- You shall not collude with any other User(s) or engage in syndicate play;
- You agree that such behaviour qualifies as User misconduct.
- You shall not spam other User(s) by sending any unsolicited communications;
- You will not collect, store, or obtain any information about other Users
without their prior written consent;
- You shall not engage in any action that threatens the unity, integrity,
defence, security or sovereignty of India, friendly relations with foreign
States, or public order, or causes incitement to the commission of any
cognisable offence or prevents investigation of any offence or is insulting
other nations.
- You agree to adhere to the Community Guidelines.
- Coin - By participating on our Platform and engaging in specific actions
such as participating in a Contest, You will be awarded Coins for Your
participation subject to Your compliance with the terms and conditions provided
here.
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OUR RIGHTS AND OBLIGATION
- YOUR CONTENT
We reserve our rights to remove (without notice) any offending/illegal/objectionable/
infringing content posted by You and take such necessary action as We may consider
appropriate concerning Your Content;
- CONTEST
We may choose to:
- Revise the roster of players available for selection in relation to any
Contest/Sports offered on Our Platform based on the official information We
may receive from the sports organiser or any third-party sources.
- Withdraw and/or cancel any Contest without prior notice to You should the
carrying on of such Contest be prohibited and/or require any governmental,
statutory or regulatory compliances or approvals;
- Adjust the Contest Deadline or Abandon any Contest.
- We reserve the right to abandon a Contest upon the occurrence of
circumstances beyond Our reasonable control, including circumstances
specified below:
- If the Sports (other than Cricket matches) is rescheduled to take place
before the Contest Deadline and whose start time is more than 10 mins
of the Contest Deadline.
- if the Contest Deadline for cricket matches is extended by more than 10
minutes, or 3(three) overs have been bowled (whichever is less), before
the official start time of the cricket event;
- If the Sports is rescheduled to take place after the Contest Deadline for
any reason, including interruptions and delays caused due to weather,
toss delays, non-availability and non-appearance of Teams, technical
glitches etc and the start time of the relevant Sports cannot be verified by
Us through publicly available sources.
- We reserve Our Right to adjust the Contest Deadline upon the occurrence of
circumstances beyond Our reasonable control, including the following
circumstances:
- For Sports other than cricket - If the Sport is rescheduled to take place
before the Contest Deadline, We reserve Our Right to adjust the Contest
Deadline to a maximum of 10 minutes post actual start time of the
relevant Sports;
- Suppose the cricket event is rescheduled to take place before the Contest
Deadline. In that case, We reserve Our Right to adjust the Contest
Deadline by a maximum of 10 minutes, or 3(three) overs bowled
(whichever is less), before the official start time of the cricket event;
- If the cricket event is rescheduled to take place before the Contest
Deadline and the official start time of the cricket event cannot be
determined and verified by Us through publicly available sources, We
may adjust the Contest Deadline to such a time by which a maximum of
3 overs in a given match are bowled; or
- If the Sport is rescheduled to take place after the Contest Deadline for
any reason including, interruptions and delays caused due to weather,
toss delays, technical glitches etc., based on reliable and/or publicly
available sources, We may extend the Contest Deadline to a time which
is synonymous with the actual start time of the Sport.
- OUR SERVICES
We may choose to
- Change, discontinue or suspend all or any part of Our Service;
- Suspend or terminate Your Account as directed by an appropriate government
agency and/or competent authority.
- BREACH OF TERMS
In case of breach of these Terms or if We reasonably believe that You have breached these Terms, We may choose to:
- Restrict, suspend, deactivate or permanently delete Your account with Us (including all related information that You might have provided to Us)
- Disqualify You from participating in a Contest;
- refrain from awarding any prizes to You or forfeit Your winnings
- initiate appropriate civil/criminal proceedings as We may consider appropriate in addition to forfeiture and/or recovery of prize money.
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INTELLECTUAL PROPERTY RIGHTS
- You agree that We (including Our partners, licensors and/or associates) own all
intellectual property rights in and to the software underlying the creation of Our
Platform, including all material and content published by Us on Our Platform, which
includes (but is not limited) to the following:
- Our Contests
- Our software/technology
- Our advertisements
- Our written/published content
- Our images, graphics, photographs, illustrations
- Our marks, logos, trade name
- Audio and visual clippings used and published by Us
- Flash animation (“Our Intellectual Property Rights/Our Content”)
- You agree that in accessing Our Intellectual Property Rights, You shall not do the
following without Our prior written consent:
- Modify, distribute, publish, transmit, reproduce, or otherwise deal with Our
Intellectual Property Rights; or
- Create derivative works of Our Intellectual Property Rights or in any way exploit
Our Intellectual Property Rights.
- You agree that:
- You own all the intellectual property rights in Your content;
- Your content will not result in any infringement claims from any third party; and
- We are not liable for any of Your content shared and/or contributed by You on
Our Platform.
- You grant us a worldwide, non-exclusive, royalty-free, sublicensable, irrevocable,
and transferable license to use Your content for the following:
- use, reproduce, distribute, publish, and transmit Your content; and
- otherwise, create any derivative works of the User Content for the following
purposes:
- display of User Content on Our Platform;
- distribution and/or storage of User Content (either electronically or via
other media) for any purpose; and
- storing Users' Content in a remote database accessible by Users, for a
charge
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PRIVACY POLICY
All Your personal information collected (including financial data) is subject to Our
Privacy Policy which is available at
Privacy Policy. You are encouraged to review this
Privacy Policy to understand the data we collect and the purpose for which such data is
collected.
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GRIEVANCE REDRESSAL MECHANISM
In case you have any complaints or grievance pertaining to (i) any User Content that You
believe violates these Terms including any infringement of Intellectual Property Rights,
(ii) Your access to the Platform, please share the same with Us by writing to:
grievanceofficer@Tricity.com. On receiving such a complaint, grievance or notice, the
grievance officer may reach out to You to seek further clarification, or to verify Your
complaint. The name and title of the Grievance Redressal Officer are as follows:
Name: Gaurav Bajaj
Email: grievanceofficer@Tricity.com
Address: Tricity Games Private Limited, A 51/2 THIRD FLOOR GURU NANAK PURA LAXMI NAGAR EAST DELHI DELHI East Delhi DL 110092 IN
The Grievance Officer identified above is pursuant to the provisions of Applicable Laws
including but not limited to the Information Technology Act, 2000 and the Consumer
Protection Act, 2019, and the Rules enacted under those laws. The Company reserves the
right to replace the Grievance Redressal Officer at its discretion through the publication
of the name and title of such replacement on the website, which replacement shall come
into effect immediately upon publication.
You agree that regardless of any statute or law to the contrary, any complaints or
grievances arising out of or related to the use of Our Platform or these Terms should be
filed within thirty (30) days of such claim to enable us to resolve Your complaint at the
earliest.
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LEGALITY
Fantasy Sports offered by Us on our platform is a game of skill and a legally and
constitutionally protected business not amounting to betting, gambling and wagering held
by the Supreme Court of India and different High Courts of India in multiple judgments.
These Contests require You to use Your knowledge, judgement and expertise to primarily
determine Your success in such Contests rather than relying on chance.
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PUBLICITY
By accepting a prize, You grant Us and Our affiliates an irrevocable, royalty-free,
worldwide, perpetual license to use Your name, likeness, image, voice and comments/
testimonials for any purpose, including but not limited to advertising and promotional
purposes in any media.
We may organize promotional activities for which We may require Your presence. We
will communicate the details of these activities to You. These promotional activities may
include press events, internal meetings and ceremonies/functions.
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LIMITATION OF LIABILITY AND INDEMNIFICATION
- By accessing Our Platform, You hereby agree to indemnify Us and/ or any of Our
directors, employees, partners, affiliates, associates and licensors (“Representatives”)
against all liability, cost, loss, claims or expense arising out of Your access to Our
Platform, arising due to any negligence on Your part and/ or any illegal act on Our
Platform and/ or non-compliance with these Terms.
- Neither We nor Our partners, affiliates, licensors or associates shall be liable for any
direct, indirect, incidental, special, or consequential damages arising out of Your use of
or inability to use Our Services, even if We have been advised of the possibility of
such damages.
- You, with this, waive each and every right You may have against Us and/ or Our
Representatives for any injuries, accidents, or other events that may occur as a result
of You accessing Our Platform, participating in Contests, or receiving Contest prizes.
This waiver includes any known or unknown, anticipated or unanticipated events.
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GOVERNING LAW AND DISPUTE RESOLUTION
- The courts of Mumbai shall have exclusive jurisdiction to determine any and all
disputes related to Our Services [(including the Contest(s)] (“Dispute”) and grant
interim relief in any Dispute referred to arbitration as given below. Any Dispute
will be governed by the laws of the Republic of India.
- If there is a legal Dispute, the party raising the Dispute must send a written
notification (“Notification”) to the other party. The parties will then try to resolve
the Dispute through amicable discussions. Suppose the dispute remains
unresolved within fifteen (15) days of receiving the Notification, in that case, the
dispute will be settled through arbitration. We will appoint a sole arbitrator to
conduct the arbitration proceedings in English as per the provisions of the
Arbitration and Conciliation Act, 1996, as amended from time to time. The seat
and venue of arbitration shall be Mumbai.
- The arbitration award will be final and binding on the parties. Each party will pay
for the costs of arbitration and equally share the arbitrator's fees unless the arbitral
tribunal decides otherwise. The arbitrator can pass interim orders and awards,
including 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 shall restrict Us from seeking and obtaining
interim or permanent equitable or injunctive relief or any other relief available to
safeguard Our 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 Our
part to pursue any remedy for monetary damages through the arbitration described
herein.
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OTHER TERMS
- These Terms govern Your use of Our Platform and Services and supersede any prior agreements that You may have with Us.
- Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- In the event any of the provisions of these Terms are held to be invalid, illegal or unenforceable by any competent authority for any reason, the remaining portions of these Terms, if capable of substantial performance, will remain in full force and effect.
- Our employees are not eligible to participate in any paid Public Contest, which is a Public Contest.
- You acknowledge that You may be subject to additional terms that govern your transactions on Our Platform. You agree that if there is any conflict between these terms and the additional terms, the additional terms will prevail.
- We may assign our rights and liabilities in relation to the Services offered by Us to any entity as we may deem fit in course of our business activity.
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DISCLAIMERS
- We will not be liable for any delay or failure to render the Services resulting from any Force Majeure Event.
- You may access Our Platform at Your own risk. We are not responsible or liable for any loss or damage (including injuries, death, or loss of property) that You or anyone else may suffer while accessing Our Platform.
- You agree that Our Platform may contain third-party advertisements and links to websites/services owned and operated by Our affiliates and/ or third parties (“Third Party Content”). We do not endorse the Third Party Content or services of any third parties included on Our platform. We cannot guarantee the accuracy, reliability or quality of such Third Party Content. Your reliance on Third Party Content is at Your own risk. Any claims that You have regarding Third-Party Content should be directed to the third party in question.
- We will not be held responsible for any issues with the storage, deletion, delivery, or accessibility of information or materials to the extent allowed by law.
- We do not provide any warranty for Our Content, which is provided on an "as is, as available basis”.
- We are not responsible for any errors or inaccuracies in the team starting line-up data provided on Our Platform, as it is obtained from external sources or publicly available information.
- We are not responsible for any inaccuracies in calculating fantasy points or the selection of winners due to inaccurate or incomplete information received from any third-party service provider.
- We make no representations or warranties regarding the quality, suitability or merchantability of any prizes and are not liable with respect to the same.
- We will not be liable for your inability to access Our Platform for any reason beyond our control such as network outage, telecommunication failure, internet suspension,virus, malware etc.
- We are not responsible for any errors in communication, or omissions in communication, including any errors made by You, which may prevent the results from being communicated to You.
- We are not liable for any consequences arising from You sharing any confidential information including but not limited to OTP with any other person.