This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Last Revised On: October 4, 2018
(a)mobile applications, website, other digital applications, and any other media formats (collectively, the “Covered Platforms”) for the purposes of (i) participating in ‘Fantasy Games’, and (ii) accessing sports and entertainment content, in each case hosted by Fantain Sports Private Limited and its affiliates, and
(b)other products, software and services offered, from time to time, on the Covered Platforms, owned or licensed and operated by Fantain Sports Private Limited, such as email, chat, bulletin board services, information related to recommendations, news groups, forums, communities, personal web pages, calendars, and/or other message (collectively with services mentioned in Clause 1.1(a)(i) and Clause 1.1(a)(ii) above, the “Services”).
(a)“Applicable Law” means all laws, ordinance, statutes, rules, orders, decrees, injunctions, licences, permits, approvals, authorizations, consents, waivers, privileges, agreements and regulations of any governmental authority/court of law having jurisdiction over the relevant matter including any interpretations thereof, in effect;
(b)“Collusion” means arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party;
(c)“Corruption” means offering, giving, receiving, or soliciting, directly or indirectly, anything of value to influence improperly the action of another party;
(d)“Credit Mechanism” means the manner in which a User’s Deposit Account, FanCash Account, or Winnings Account is credited with money or FanCash, as the case may be, in accordance with Clause 16;
(e)“Cancellable Games” means those Paid Games that maybe cancelled at the discretion of Fantain, at any time before the scheduled start date, for reasons beyond its control including owing to a deficit in the prescribed minimum number of registered participants that are required for such Paid Game to commence;
(f) “Debit Mechanism” means the manner in which a User’s Deposit Account, FanCash Account or Winnings Account is debited with cash or FanCash in accordance with Clause 16;
(g) “Event” means a professional Sports event organized by Event Organizer, under the aegis, direction and control of the relevant Sport’s Governing Body, which forms the basis for participating in a Fantasy Sport;
(h)“Event Organizer” means such Person who has the legal right to organize an Event;
(j)“Fantasy Games” means the virtual online games/contests hosted on the Covered Platform played by Users by assembling imaginary or virtual teams of real players of a professional Sport, who compete based on the statistical performance of those players’ players in actual games in an Event;
(k)“Fraud” means any act or omission, including a misrepresentation that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;
(l)“Free Game” means a Fantasy Game hosted on the Covered Platform, which does not require payment of money by a User;
(m)“Game Specific Rules” means rules specified by Fantain in relation to a Fantasy Game, which may govern, among other things, timing of User registration, User eligibility for participation, rules for creating and playing Mini Leagues, etc.
(n)“Governing Body” means an entity or person which has the legislative, regulatory, adjudicatory or sanctioning function for a professional Sport, including anti-doping bodies, dispute resolution machinery, etc.
(o)“Intellectual Property Rights” means all patents, designs and drawings, trademarks, service marks, logos, domain names and utility models, copyrights, inventions, brand names and business names and any similar rights and the benefit (subject to the burden) of any of the foregoing (in each case whether registered or otherwise, and includes applications for the grant of any of the foregoing and the right to apply for any of the foregoing in any part of the world);
(p)“Non-Cancellable Games” means all Paid Games other than Cancellable Games;
(q)“Paid Game” means a Fantasy Game hosted on the Covered Platform, which requires payment of money by the User (in accordance with Game Specific Rules);
(r)“Platform Fees” means such portion of the money paid by a User which is not utilized for Prize Pool Contribution, the quantum of which will be specified in the Game Specific Rules;
(s)“Prize” means (1) in relation to a Free Game, cash merchandise, coupons or gift voucher awarded by Fantain to a User, who is declared a winner of a Fantasy Game, or (2) in relation to a Paid Game, means the money disbursed to the winners from the Prize Pool;
(t)“Prize Pool” means, in respect of each Paid Game, the total amount of Prize Pool Contribution contributed by the Participants to a Paid Game. Such amount will be held by Fantain on behalf of the Participants until completion of the Paid Game and announcement of the winners. Thereafter such Prize Pool will be disbursed to the Winners of such Paid Game.;
(u)“Prize Pool Contribution” means, in respect of each Paid Game, the amount which would be contributed by each Participant to such Paid Game towards the Prize Pool held by Fantain on behalf of all Participants to such Paid Game, until completion of the Paid Game and announcement of the winner;
(v)“Sport” means a physical or mental activity (organized as per the rules of such Sport as determined by such Sport’s Governing Body) in which players participate. compete, and receive payment based on their performance;
(x)“User” means you, and does not include your assigns, successors, heirs and legal representatives, unless the context requires otherwise.
3.Access to Platform and Use of Services
4.Intellectual Property Rights
5.Restrictions on Use
(a)interfere with the ability of others Users to access or use of the Covered Platforms or the Services;
(b)disrupt the normal flow of communication or otherwise act in a manner that adversely affects the proper working of the Covered Platforms or the Services;
(c)attempt to gain unauthorized access to (i) the account of any other User, or (ii) any portion or feature of the Covered Platforms, (iii) any other systems or networks connected to the Covered Platforms, (iv) any Fantain server;
(d)use any false or misleading information (e.g., false or misleading names, residential status, email addresses or URLs) when using the Covered Platform, including, without limitation, with respect to any identifying information for your User Account;
(e)create multiple accounts;
(f)abuse, harass, impersonate, intimidate or threaten other Users;
(g)post or transmit, or cause to be posted or transmitted, any content that is harmful, infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, pedophilic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or otherwise violates any Applicable Law or right of any third party; or 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 cognizable offence or prevents investigation of any offence or is insulting any other nations;
(i)post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, access to another User’s Account, or private information from any User;
(j)create or send unwanted email (spam) to any other User;
(k)impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(l)infringe upon the Intellectual Property Rights of Fantain, the Users, or any third party, while accessing or using the Covered Platform;
(m)submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
(n)post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, trojan horse or other code with malicious, disruptive and/or destructive features, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, including the Covered Platforms;
(o)use any robot, spider, scraper, sniping software or other automated means to access the Covered Platforms for any purpose (except for RSS feed access);
(p)conduct any systematic or automated data collection activities on or in relation to the Covered Platforms;
(q)use the Covered Platforms to transmit or send unsolicited commercial communications, or other marketing and advertising purposes;
(r)take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load/strain on our infrastructure;
(s)use artificial means to inflate your position and standing in the leader boards for the Fantasy Games;
(t)sell or otherwise transfer your User Account/ profile, or allow any third party to use or access your User Account; or
(u)without our prior written consent, reverse engineer, frame, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software obtained from or part of the Covered Platforms.
6.Games of Skill
6.1You acknowledge, agree and confirm that Fantasy Games hosted by Fantain are skill based games and a User’s success in such Fantasy Games predominantly depends on the following:
(a)User’s knowledge of the rules of the Sport,
(b)User’s knowledge of the rules of Fantasy Games,
(c)User’s understanding and knowledge of player data and statistics,
(d)Use and interpretation of information/data, other external conditions and intangible attributes which may affect the performance and result of a game in an Event, such as player and team form, head-to-head record of players, weather conditions, home and away advantage or disadvantages, etc.;
(e)User’s skill in fielding a well-balanced side, with limited resources and, in some cases, making substitutions/alteration at appropriate times to gain the maximum points.
7.2You will be required to obtain and maintain, at your sole cost, all necessary equipment, infrastructure (including authorized access to world wide web), software, hardware, etc. required for you to access the Covered Platforms or avail the Services.
7.4You are entitled to use and access the Services and the Covered Platform only from a territory which does not fall within the Prohibited State (defined in Clause 14.1). All decisions in respect of use and access of the Services and the Covered Platform from a Prohibited State shall be determined by us based on User declarations and proof submitted by the User to justify his/her declaration.
7.5You will be solely responsible for maintaining the confidentiality of your User Account, and we will not be responsible for misuse of your User Account by any third party. You may never use another User’s Account.
7.6You are responsible for any activity on the Covered Platforms arising out of your failure to keep your User Account confidential, and you may be held liable for any losses due to such failure. You agree to notify us in writing immediately upon becoming aware of any unauthorized use of your Account or any other security breach of your Account.
7.7Fantain reserves the right to refuse access or use of the Covered Platforms to any person or entity at Fantain’s sole discretion.
7.8Fantain may (a) suspend your User Account; (b) cancel your User Account, and/or (c) edit your User Account, at any time in our sole discretion without notice or explanation.
7.9You grant Fantain the right to disclose to third parties the User Account to the extent necessary for the purpose of carrying out the Services.
7.10You understand and affirm that the use or access to the Covered Platform or Services may include certain communications from Fantain as service announcements and administrative messages, and you agree that the Services are provided on an "as is" basis and that Fantain does not assume any responsibility for deletions, mis-delivery or failure to store any of your communications or personalized settings.
8.User Generated Content
8.1The Covered Platforms may allow visitors and Users to host, display, upload, modify, publish, transmit, update or share information and content created by a User (such content, “User Generated Content”) in connection with the use and access of the Covered Platform and the Services. Such User Generated Content is neither pre-screened nor verified by Fantain. Accordingly, Fantain will not have any liability for any loss or damage arising out of or in connection with such User Generated Content. While we will do our best to monitor, reject, edit or remove such User Generated Content (as applicable), we neither endorse the opinions expressed in the User Generated Content nor guarantee the completeness, truthfulness, accuracy, or reliability of any User Generated Content. You therefore agree to use the User Generated Content for informational purposes only and any reliance placed on the same shall be solely at your own risk.
8.2You understand that all the User Generated Content including but not limited to profile information, group names, logos/mottos, and communications with other Users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Generated Content originated. This means that you are solely responsible for all the User Generated Content that you upload, post, share, email, transmit, or otherwise make available via the Covered Platforms. You affirm that under no circumstances will Fantain be liable in any way for any User Generated Content.
8.3You acknowledge that we have the right (but not the obligation) in our sole discretion to pre-screen, refuse, permanently delete, undelete, and/or move any User Generated Content. Without limiting the foregoing, we shall have the right to monitor, edit, and remove any User Generated Content that violates the Terms and Conditions, the Applicable Law or is otherwise objectionable, in our sole discretion.
8.4You understand that by using and accessing the Covered Platform or the Services, you may be exposed to User Generated Content that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with the use or disclosure of any User Generated Content. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Covered Platforms.
8.5You grant to us a worldwide, irrevocable, exclusive, royalty-free, perpetual and fully sub-licensable right to use, reproduce, store, adapt, publish, translate, prepare derivative works from, publicly display, distribute, incorporate into other works, and otherwise use your User Generated Content. You hereby irrevocably waive all your moral rights in your User Content, to the maximum extent permitted by the Applicable Law.
8.6You hereby represent and warrant that your User Generated Content does not violate the User Generated Content Rules (defined in Clause 9 below).
9.User Generated Content Rules
9.1You shall not, either on the Covered Platform or any other media, host, display, upload, modify, publish, transmit, update or share any information (in any media or form), whether in the form of an article, comment, query, response, review or otherwise, that, inter alia:
(a)violates the Terms and Conditions or any other Applicable Law for the time being in force;
(b)infringes upon any third party’s Intellectual Property Rights or other proprietary rights;
(c)is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint;
(d)is harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of a third party’s privacy, or harmful to minors in any way;
(e)harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(f)includes personal or identifying information about another person without that person’s explicit consent;
(g)is false, deceptive, misleading, deceitful, or constitute impersonation of any person or entity;
(h)is unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(i)links directly or indirectly to, make reference to, or describe, goods or services that are prohibited under the Terms and Conditions or the Applicable Law;
(j)consists of or contain software viruses that restrict or inhibit any other user from using and enjoying the Covered Platforms or the Services offered on them.
9.2The above is a non-exhaustive list which may be used as an indicative guide.
9.4All User Generated Content hosted, displayed, uploaded, modified, published, transmitted, updated or shared on any media other than Covered Platform (“Third Party Platform”) shall comply with such Third Party Platform’s terms and conditions, and the User agrees to indemnify us against any loss or damage caused due to such User Generated Content.
10.1The Covered Platforms might contain links to and content from third party websites, services, and advertisements for third parties. Third party websites may in turn link to the Covered Platforms. You hereby acknowledge and agree that third party websites, advertisements and services are not under the control of Fantain, and Fantain is not responsible for the information, content, products, services, advertising, or other materials which may be provided therein (“External Content”). To the extent practical, the details of ownership or license of all External Content shall be displayed on the Covered Platform.
10.2The inclusion of any link to such External Content on the Covered Platforms does not imply Fantain’s endorsement, sponsorship, or recommendation of or accuracy of such External Content. Fantain specifically states that the External Content have been provided for convenience purpose and Fantain does not review, approve, monitor, warrant, make any representations, or assume any liability whatsoever in connection with the use or reliance of such External Content.
10.3We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you click on or use.
11.1We use data collection devices such as ‘cookies’ on the Covered Platforms, which help us manage your sessions, store preferences, serve ads, track information, help analyze our web page flow, measure promotional effectiveness, etc.
11.2Cookies may collect various types of information, which may include personal information such as your name, contact details, personal preferences, bank accounts, credit cards authentication and details of your use of the Covered Platforms or Services.
11.4We may also allow third-party advertising companies and marketing services companies to serve ads and other content when you visit the Covered Platforms. These third-party service providers may place third-party cookies and use the information about your visits, buying behavior, browsing history, preferences, to this Covered Platforms and elsewhere to serve ads and other content to you. We cannot control or access cookies used by third-party service providers.
11.5In addition, we may provide your personal information to marketing services companies on an anonymous and aggregate basis to allow them to market their products or services, or for other marketing purposes. This may be information we received from you offline and online.
11.6For more details on the types of cookies used on the Covered Platforms and guidance on how you may disable cookies, please reach out to us.
12.Mobile Apps and Third-Party Services
12.2We may use third-party payment gateway to receive payments made by you to us, or to other vendors through the Covered Platforms. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor, in addition to the Terms and Conditions, and you hereby explicitly agree to comply with same. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your payment method. We are not responsible for any error by the payment processor.
13.Participation in Fantasy Games
13.1Fantain may host various Fantasy Games on the Covered Platform from time to time, and the User’s participation in a particular game shall be subject to the following:
(a)Continued and on-going compliance with the Terms and Conditions;
(c)Payment of the applicable Platform Fees and Prize Pool Contribution, if any. Fantain reserves the right to waive any Platform Fees payable by a User. When a User pays the Platform Fees, such fees is kept in a separate account maintained by Fantain until such time that the Fantasy Game has been completed (in respect of which such Platform Fee is paid) and only upon completion of a Fantasy Game is the amount credit to Fantain’s operational account.
13.2Fantain may host Free Games or Paid Games from time to time. Once a Fantasy Game is created by Fantain, it shall:
(a)inform the User by formulating Game Specific Rules, which may, inter alia, provide any additional eligibility criteria, Platform Fee, Prize Pool Contribution, and the manner of payment of such amounts, the Prizes, the timelines for registration for such Fantasy Game, etc.
(b)indicate whether such game is a Cancellable Game or a Non-Cancellable Game.
13.3We may permit Users to create and play a private league of Fantasy Games with other Users (“Mini Leagues”) subject to Game Specific Rules pertaining to such Mini Leagues.
13.4All Fantasy Games are constantly monitored by Fantain using state-of-the-art systems and mechanisms.
13.5Fantain currently offers three types of Fantasy Games, whose attributes and characteristics are set out below:
(a)Daily Fantasy: These contests are conducted on a daily basis where the winners are announced at the end of each Game of the relevant Sport.
(b)Tournament Fantasy: These contests comprise of many games of the relevant Sport, usually in a tournament or subset of games in a tournament format. The points scored by a User are aggregated in the leaderboard and winners are announced when all the games have been completed. Essentially, Tournament fantasy can be seen as a contest comprising of pre-determined number of Daily Fantasy Games.
(c)Draft Fantasy or Traditional Fantasy: These contests are played over the course of a Sports tournament or a subset of matches in a tournament. These types of Fantasy Games typically have additional rules and features such as substitution, bench strength, power-plays, etc.
13.6The winners of a Fantasy Game will be declared as per the Game Specific Rules. Within 15 (fifteen) days of declaration of winners, Fantain will get in touch with such winners either through the Covered Platform or on the communication address of such winners as per Fantain’s records.
13.7Fantain may engage services of a third-party for obtaining the score fee and other information required for computation and tabulation of results of Fantasy Games played on the Covered Platform. Fantain does not represent and warrant the accuracy of information provided by such third-party service providers. In the event there is an error in tabulation of winners due to any inconsistency in the data/information provided by such third-party, Fantain shall try to the rectify such error prior to announcement of winners, however, in the unlikely event that such an error is not rectified and the winnings are distributed to the winners, all aggrieved parties agree not to make any claim or raise any complaint against Fantain in this regard.
13.8Fantain may require any User (including winners, prior to you claiming a Prize) to provide documentary proof that he is eligible to access and use the Covered Platforms and participate in the Fantasy Games (in accordance with the terms hereof). This may include submission of certified true copies of identity and address proof documents (along with production of originals at a designated place) and other bank account related details, which allow Fantain to confirm the validity and correctness of the representations made by you.
13.10We will display and provide information regarding the Prize for all Fantasy Games. You can check the Prizes offered for each Fantasy Game by logging-in to the Covered Platform.
13.11All Prizes shall be subject to deduction of tax as per Applicable Law. Each winner will be provided a relevant tax certificate within a reasonable time period. The winners shall be solely responsible for payment of all taxes under Applicable Law in respect of the Prize.
13.12In case a Prize in payable in cash, the winnings will be reflected in the User’s Winnings Account after deduction of applicable tax.
13.13Fantain shall make the necessary monetary contributions towards any shortfalls in the Prize Pool, in the event there is a deficit in the prescribed minimum number of registered participants that are required for the commencement of any Non-Cancellable Games.
13.14Fantain shall not be liable to award/provide the Prize and/or declare the winners of Fantasy Game, in case such Fantasy Game is not completed due to any reason beyond the control of Fantain, such as cancellation of the underlying Event, change in law, legal proceedings, an act of God, insurrection or civil disorder, religious strife, war or military operations, terrorist act, partial or total strikes, either internal or external, lock-out, epidemic, blockage of means of transport , national or local emergency, earthquake, fire, storm, flood, water damage, governmental, regulatory or legal restrictions, acts or omissions of persons for whom Fantain is not responsible.
14.Participation from Prohibited States
14.1You shall not use or access the Covered Platforms from outside India or any state in India in which conducting such Fantasy Games (Paid Games or otherwise) is prohibited as per the Applicable Law (“Prohibited States”). Currently, the Prohibited States include Assam, Odisha, Telangana, Sikkim and Nagaland. Fantain retains the right to restrict, prohibit the access and/or use by any User, of any feature on the Covered Platforms from the Prohibited States.
14.2You acknowledge and confirm that:
(a)You are a citizen of India and classified as a ‘resident’ of India as per Applicable law, during each financial year which you access or use the Covered Platform;
(b)you shall only access and/or use the Covered Platforms while you are in India;
(c)you shall not access and/or use the Covered Platform if you are a resident of any of the Prohibited States;
(d)all the information and documentation provided by you to Fantain, including details provided on the Covered Platforms, are true and accurate, and shall always remain true and correct.
14.3You shall promptly intimate us in case of change in your residential, citizenship or domicile status or any information/ documents provided by you to us, which would result in the above representation no longer being true.
15.1We may offer, in our sole discretion, FanCash to certain Users as free promotions which can be redeemed (i.e. used) to acquire and use certain Services hosted on the Covered Platforms. If you obtain FanCash from Fantain, you must check that they have been correctly credited to your Account and tell us immediately if not.
15.2PLEASE TAKE NOTE that FanCash is subject to very important restrictions:
15.3FanCash may expire if it has not been redeemed within a certain period after acquisition, so you should redeem these as soon as possible. The expiry period is whatever we specify when you acquire the FanCash, and if we haven't specified a time limit, three months from the date of acquisition.
15.4WE MAY AT ANY TIME IN OUR SOLE DISCRETION CHANGE OR REMOVE ANY SERVICES WHICH CAN BE ACQUIRED OR USED WITH FANCASH, AS WELL AS CHANGE THE AMOUNT OF FANCASH NEEDED TO ACQUIRE OR USE A SERVICE. You may only redeem FanCash for Services on offer at the time of redemption.
15.5FanCash does not have any inherent value and is not your own private property. When you receive FanCash, you do not own the FanCash. Instead it constitutes a measurement of the extent of your entitlement to access and use a Service. Similarly, any FanCash balance shown in your Account does not constitute a real-world balance or reflect any stored monetary value.
15.6We do not provide any cash or refunds for FanCash (except as required by law) and FanCash does not have any real-world monetary value. FanCash is for your personal use only. You must not sell or transfer them or make them available to anyone else or attempt to do so, or encourage anyone else to do any of these things. FanCash can never be redeemed for real world money, goods or any other item of monetary value, and cannot be inherited. We may impose additional restrictions concerning the acquisition or redemption of FanCash. For example, we may cap the amount of FanCash which can be acquired, held or redeemed in any particular period.
15.7FOR THE AVOIDANCE OF DOUBT, FANCASH HAS NO CASH VALUE, DOES NOT ACCRUE INTEREST AND, UNLESS OTHERWISE REQUIRED BY LAW, IS NOT REDEEMABLE OR REFUNDABLE FOR ANY SUM OF MONEY OR MONETARY VALUE FROM FANTAIN AT ANY TIME.
15.8Fantain reserves the right to restrict access to, delete, reduce or liquidate FanCash: (1) if you have misused the FanCash or breached any of these terms and conditions; (2) if the FanCash was awarded in error; (3) if a payment for FanCash is charged back or otherwise cancelled or reversed; or (4) if you have used FanCash to conduct any Fraudulent, Corrupt, unethical or illegal activity in contravention of our Anti-fraud Policy set out below.
15.9WE MAY AT ANY TIME DECIDE TO END IN PART OR ITS ENTIRETY THE FANCASH PROGRAM FOR ALL OR ANY OF OUR SERVICES. BEFORE WE DELETE THE UNUSED FANCASH, WE WILL ENDEAVOUR TO CONTACT YOU TO GIVE AT LEAST 30 DAYS TO REDEEM IT.
16.Payments and Accounts: General Overview
(a)In order to participate in the Paid Games, a new User (for existing user, the amount will be debited as per this Clause 16) must add money to his Deposit Account (such amount, the “Deposit”) if he/she does not have any FanCash.
(b)Subject to adherence to the Terms and Conditions, the amount of Deposit available for your use on the Covered Platforms shall at all times be reflected in your User Account. At Fantain’s discretion, a ceiling limit may be imposed on the amount of Deposit that may be added by a User, details of which shall be disclosed on the Covered Platforms as and when applicable. The Deposit may only be used on the Covered Platforms solely for payment of the Platform Fees and Prize Contribution for a Paid Game or for payment of any Services, and once added by a User, it cannot be encashed, or transferred to any other person, except as provided under the Terms and Conditions.
(c)Once an amount is debited from your Deposit Account towards payment of the Platform Fees and Prize Contribution for a Paid Game or payment of any Services, such amount can neither be withdrawn nor can it be credited back to your Deposit Account or to your personal bank account, in any case except in certain exception circumstances (such as cancellation of the underlying Sporting Event or cancellation of the Paid Game in accordance with the Game Specific Rules). In all such exceptional circumstances, the Platform Fees and Prize Contribution paid for the relevant Paid Game will be refunded to the User’s Deposit Account.
•you are legally authorized to provide such information;
•you are legally authorized to make payments from the payment card account;
•such action does not violate the terms and conditions applicable to your use of such payment card account or any Applicable Law;
•you are responsible for any fees charged by your mobile carrier or internet service provider in connection with your use of the payment services.
(e)You may add, delete, and edit the payment card account information you have provided from time to time; provided however that payment card account information shall at all times be valid, correct and accurate. Except to the extent otherwise required by the Applicable Law, Fantain is not liable for any payments authorized through the Covered Platforms using your payment card information. Particularly, Fantain is not liable for any payments that do not complete because:
•your payment card account does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit of the payment card account;
•you have not provided the Fantain with correct payment card information;
•your payment card has expired;
•any circumstance beyond Fantain’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences which are not under Fantain’s control) prevents the completion of the transaction.
(f)The amount reflected in your Deposit Account (notionally or otherwise) shall expire and stand forfeited to Fantain, in instances where any the following conditions are fulfilled:
•you have not accessed your User Account or participated in any Paid Game for a continuous period of 1 (one) year, which reasonably reflects your intention to no longer use the Covered Platforms or participate in any Paid Games. We shall notify you at least 1 (one) month prior to which your Deposit is due to expire, along with the date of expiration. Notices may be sent to you every 7 (seven) days’ thereafter as well by way of a notification on your User Account and via your registered email address. You shall be provided with sufficient time, which shall be clearly indicated in such notification, to utilize Deposit remaining in your Account, if you desire;
•in addition to the above: any (i) material breach by you of any of the Terms and Conditions, including the Game Specific Rules, or (ii) act to commit fraud against Fantain in any manner whatsoever, shall also result in a forfeiture of the amounts in the Deposit Account along with any prize money due to you (if any) as on such date.
(a)This account shall hold all notional/virtual currency issued by Fantain or its affiliate partners as part of its promotional activities (such notional currency, “FanCash”, and such account, the “FanCash Account”) for playing Fantasy Games.
(b)FanCash is a virtual currency that has the following specific characteristics:
•it has no monetary value outside the Covered Platforms and its only purpose is to allow participation in a Paid Game;
•it has a prescribed expiry date by which it should be used on the Covered Platform, failing which the FanCash shall stand extinguished;
•it cannot be converted to real money and withdrawn, except where such FanCash is used to participate in a Paid Game, and such User wins cash Prize (which will be deposited into the Winnings Account);
•its issuance is discretionary in nature, and it may also issued to a User as part of loyalty program instituted by Fantain from time to time;
(a)When a User wins a Paid Game, the payout or winning amount as determined by Fantain, will be deposited (post deduction of all applicable taxes) in the User’s winning account (such amount, “Winnings”, and such account, the “Winnings Account”). The key characteristics of this account are:
•All amounts received/credited into Winnings Account can be withdrawn by the User;
•it can also be used for payment of Platform Fees and Prize Contribution for a Paid Game;
•it cannot be transferred or otherwise shared with any other Users on the Covered Platforms;
•Winnings is determined by Fantain, and credited in Winnings Account of a User on the basis on such User’s performance in a Paid Game.
(b)A User has the option, with respect to his/her Winnings, to have the Winnings transferred to his/her authorized bank account, either in part or in full;
(c)Any encashment of the Winnings shall be subject to satisfactory completion of the verification procedure established by Fantain. The verification process has been put in place to ensure that the User has complied with all Terms and Conditions of the Covered Platform and applicable laws and may be altered/changed by us from time to time.
16.5Priority of Accounts for payment of Entry Fees for a Paid Game
(a)Fantain permits its Users to exercise personal discretion in customizing the priority of their Accounts while paying the Platform Fees and Prize Contribution for Paid Games (“Customized Priority Accounts”). The Covered Platforms shall provide the User with an option to set their own Customized Priority Accounts. However, if the User chooses not to use the Customized Priority Accounts option, Fantain shall use the following default priority structure for utilization of amounts available in the Accounts, for payment of Entry Fees (“Default Priority Accounts”):
•Priority 1: FanCash Account: When there is sufficient FanCash available in a User’s FanCash account to pay Platform Fees and Prize Contribution for a Paid Game, it will be completely used before any other account is debited (i.e. FanCash Account debited in priority to Deposit Account and Winnings Account);
•Priority 2: Deposit Account: Money deposited by a User in his account will be used to pay for Platform Fees and Prize Contribution for a Paid Game he wishes to participate in. This money will be used above and beyond the amounts available in the FanCash account;
•Priority 3: Winnings Account: The Winnings Account is the last account from which amount will be utilized for payment of Platform Fees and Prize Contribution for a Paid Game. Once the first two options are exhausted then the Winnings Account will be utilized for such payment.
(b)In a typical Paid Game, if the Platform Fee or Prize Contribution is higher than the amount available in any one account, the total amount available in a higher priority account will be completely utilized before the next priority account will be used. The following illustrations aid in understanding how payments will be made on the aforesaid priority basis:
Platform Fee and Prize Contribution – 20: Balance after entry in various accounts
Platform Fee and Prize Contribution – 10: Balance after entry in various accounts
16.6Account Closure Request
(a)A User shall, at any time, be entitled to send a written notice instructing us to close his/her Account. Upon receipt of such written request, Fantain shall deal with such User’s Account in the following manner:
(i)Winnings Account: All amounts reflecting in the Winnings Account shall to the User’s bank account, subject to compliance check carried out by Fantain;
(ii)FanCash Account: All amounts reflecting in the FanCash Account shall stand forfeited and the User will lose benefit of the entire amount; and
(iii)Deposit Account: All amount reflecting in the Deposit Account shall be refunded to the User’s bank account, subject to deduction of applicable administrative charges.
(b)Notwithstanding the foregoing, Fantain reserves the right to inspect all transactions conducted by the requesting User on the Covered Platform and establish genuineness of each such transaction prior to refunding any amounts due to the User under this Clause 16.6. In the event we doubt the authenticity or genuineness of any transaction involving the requesting User, Fantain shall seek information/confirmation from such User to satisfy itself. In the event Fantain is not satisfied by the information/confirmation received by it, it reserves the right to withhold all payments to such requesting User until the issue is resolved to its satisfaction.
17.1Fantain has a strict anti-fraud policy and we have deployed systems and checks to detect and report various types of fraudulent activity and transaction. If you are unsure whether your actions constitute a breach of the provisions of this policy, we urge you to seek guidance by writing to us at [firstname.lastname@example.org]
17.2If the User is suspected of fraudulent actions including, but not limited to:
(a)participating in any type of Collusion with other Users;
(b)indulges in Corrupt practices with any other User or person associated with Fantain;
(c)development of strategies aimed at committing Fraud and/or gaining of unfair winnings;
(d)fraudulent actions against us or payment providers;
(e)charge back transactions;
(f)creating two or more User Accounts;
(g)other types of cheating and unethical activity; or
(h)becoming bankrupt in the country of his/her residence,
the Company reserves the right to terminate the User Account, suspend all payouts to the User, display and publish his/her name as a banned User, etc. The decision to take any action against a User in breach of the Anti-Fraud Policy is at sole discretion of the Company and the User may not be notified or informed about the reasons of such actions. The Company also reserves the right to inform the administrative, judicial, regulatory and self-governing bodies of such fraudulent actions performed by the User.
17.3Any indication of fraud, manipulation, cash-back arbitrage, or other forms of unethical, deceitful or fraudulent activity which was the basis of a provision of a Winnings, earnings, FanCash or otherwise will render the User Account inactive along with forfeiture of all amounts in such User(s) Account, including Winnings, profits, etc.
18.Representations and Warranties as regards the Eligibility of the Participant
(a)you are a natural person, who has attained the age of majority as per Applicable Law, and is competent to contract, and does not have any disqualifications under Applicable Law which would impact his/her ability to discharge obligations hereunder;
(b)you have read, understood and agree to be bound by the Terms and Conditions, and are not a person barred from accessing/ using the Covered Platforms by Fantain;
(c)you are a resident of India, but do not reside or domicile in any of the Prohibited States;
(d)at the time of accessing the Covered Platforms and/or participating in a Fantasy Game, you are physically located in India in a state other than Prohibited States;
(e)you are responsible to assess, inquire, investigate and evaluate your residential status, and its impact of your access and use of the Covered Platform or the Services;
(f)you are not an employee of Fantain, and if you are an employee of Fantain, you shall access and use the Covered Platforms and/or participate in a Fantasy Game only for the sole purpose of testing the User’s experience of the Fantasy Game and/or any functionality of the Covered Platforms, and shall not be entitled to win or claim any Prizes;
(g)you are not a consultant of Fantain, and if you Consultant of Fantain, you shall access and use the Covered Platform and/or participate in a Fantasy Game only if: (i) your arrangement with Fantain does not permit you to have any access to non-public, confidential data or any other data not made available to all Users; and (ii) you have not received any other advantage in the use of the Covered Platforms.
(h)you are not an athlete, player, team owner, coach, manager, trainer, and other team management, team support personnel related to a real-life Sport, and if you are, you shall access and use the Covered Platform and/or participate in a Fantasy Game only if: (i) the Fantasy Games are not corresponding to an Event in which the real-life Sports that you are associated with, are participating, as this could provide you with an unfair advantage over other participants; and (ii) you do not undertake any action which may influence the Event or the outcome thereof in any manner. Umpires, tournament/league employees, franchise team officials, and other individuals, who through an ownership interest or game-related employment, can influence any real-life sporting Event, are likewise ineligible to participate in any Fantasy Game corresponding to such real-life sporting event.
(i)you will abide, at all times, by the Terms and Conditions and any other agreements between you and Fantain regarding your use of the Covered Platforms or participation in a Fantasy Game;
18.2If any representation provided above by you is found to be false or incorrect at any time, the consequences set out in Clause 19 shall apply for each such breach or misrepresentation.
19.1Unless otherwise specified explicitly in writing, Fantain does not make any representations regarding the following:
(a)Association, affiliation or partnership with (a) any of the Governing Bodies (international, national or local), of the Sport which form the basis of playing Fantasy Games; (b) any Event Organizer or Event which form the basis of playing Fantasy Games; (c) any franchise, team or players participating in an Event which form the basis of playing Fantasy Games; or (d) any third parties which are involved in or engaged in any of the entities mentioned in sub-clauses 1(a) to (c) above, such as sponsors, broadcasters, etc. of any Event;
(b)Ownership, license or right to use the Intellectual Property Rights of any of the abovementioned entities (Governing bodies, Event Organizers, players, teams, etc.) on Covered Platforms or in Services, and all such Intellectual Property Rights are the sole property of each such individual or entity, as the case may be;
(c)Fantasy Games are considered to be ‘Games of Skill’ as determined by courts in India (click here to know more), due to the fact that success in these games is predominantly dependent upon the user’s knowledge, skill, attention, judgement and not mere chance or luck. While we believe that Fantasy Games would continue to be (should be) classified as ‘Games of Skill’ under the various anti-gambling legislations in India, the interpretation of the courts of the phrase may change over a period of time or new legislation regulating such games might be enacted. Hence, if we have reasonable grounds to believe that Fantasy Games are not legal in India, we reserve the right to immediately stop providing such games on the Covered Platforms or take such other steps which in our sole determination to mitigate any risk associated with the same;
(d)Accuracy or correctness of any data, statistics, information, insights, etc. provided by us (either directly or through third-parties), to User for playing any Fantasy Game;
(e)Any problems, errors, or negligence that may arise or occur in connection with this use of Covered Platform or Services, including but not limited to, any damage to the User’s computer, mobile or other electronic device, or software, as a result of the User’s participation in Fantasy Games. Fantain shall not be liable in any way for any failure or breach by any party in connection with the Services, Fantasy Games, Prizes, etc. and accepts no responsibility for any loss suffered by a User arising from them;
(f)Correctness or accuracy of entry information, technical malfunctions, human or technical error, lost delayed or garbled data or transmissions, omissions, interruptions, deletion, defect or failures of any telephone or computer lines or networks, computer equipment, software or any combination thereof;
(g)Compatibility of the Covered Platform or the Services, with User’s hardware, software, electronic infrastructure, and ability to use the same effectively and error-free on their Systems; and
(h)All Covered Platforms and Services provided are on an ‘As if’ basis with no representation in relation to fitness for a particular purpose, and the User does not have any guarantees about user experience, continuation of service, etc.
19.2Fair Play Policy
(a)Like most things in life, we believe the use of Covered Platform and Services by Users should be moderated and controlled, as recent studies have found correlation between behavioral/process addiction and fantasy games. We realize that you are here to compete and win against other Users, however, we would like this not to be at the expense of ethical and proper gaming culture and environment. We would like to foster ethical and healthy competition between the Users. We request each User to abide by our principles of ethics, values and fair competition.
(b)Unfair Competition: We have zero tolerance for Users who, amongst other things, create and use cheats, attempt to influence the games to gain an unfair advantage, form Collusions with other Users to dominate and influence the games or tweak the competition in their favor, in any manner whatsoever (each together with prohibited practices in Clause 16 above, “Malpractices”).
(c)Penalties: Please ensure that you do not engage in any activities that might fall foul of our Anti-Fraud Policy and Fair Play Policy, as we reserve the right to impose penalties on Users caught or suspected of engaging in any Malpractices.
(d)Conduct of Games and Selection of Winners: All our Fantasy Games, both Paid and Free, are constantly monitored by state-of-the-art systems and mechanisms that are put in place by us to ensure utmost fairness and to eliminate all possibilities of unfair competition. The winner of each game is chosen by these systems without any human intervention, thereby ensuring that the conduct and conclusion of all our games are true to our values of fairness and equality.
(e)Addictive Nature of Fantasy Games: Lastly, recent studies have found substantial correlation between behavioral or process addiction and Fantasy Games. As is the case with any such games, we at Fantain would like to emphasize that at no point of time should you permit your participation in the Fantasy Games offered by us, become an addiction to you in a manner that hampers your day-to-day life. If you have reasons to believe that you are or possibly will develop an addiction of Fantasy Games, we urge you to seek medical/professional help at the earliest.
20.1You may establish, maintain, use and control only one User Account on the Covered Platforms. In the event Fantain determines that you have opened, maintained, used or controlled more than one User Account, in addition to any other rights that Fantain may have, Fantain reserves the right to suspend or terminate any or all of your User Accounts and terminate, withhold or revoke the awarding of any Prizes. Such a breach may, in the case of Paid Games may also result in you forfeiting all remaining balance in your Account as on such date.
20.2Fantain reserves the right to provide additional services to Users (“Add-on Service”), which may be chargeable. All Add-on Services will be made available to the Users on the Covered Platform and can be availed by a User subject to payment of the applicable service charge.
21.Limitations and Exclusions of Liability
21.1All information, content, materials, products (including software) and Services included on or otherwise made available to you on or through the Covered Platforms are provided on an “as is” without any representations or warranties, and other terms which might otherwise be implied by statute, common law or the law of equity including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
21.2Fantain does not warrant that any information, content, materials, products (including software) or other services (including by third parties) included on or otherwise made available to you on or through the Covered Platforms is free of viruses or other harmful components.
21.3Fantain does not endorse any advertiser on the Covered Platforms in any manner. You are responsible for verifying the accuracy of all information before undertaking any reliance on such information.
21.4Fantain shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for business losses, loss of contracts or business relationships, profits, data, database, software or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failure of the Covered Platforms and any materials posted thereon, products (including software) or other Services or otherwise made available to you on or through the Covered Platforms, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
21.5Without prejudice to the generality of the foregoing paragraph, Fantain does not warrant or represent:
(a)the completeness or accuracy of the information published on the Covered Platforms;
(b)that the material on the Covered Platforms is up to date;
(c)that the Covered Platforms or any Service on the Covered Platforms will remain available and accessible by Users.
21.6You accept that we have an interest in limiting the personal liability of our officers and employees to the extent permitted by law and, having regard to that interest, you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Covered Platforms.
21.7We make no representation or warranty regarding the Covered Platform: (i) meeting your requirements, (ii) being accurate or reliable; (iii) being accessible in an uninterrupted, timely, secure or error-free manner. Further, access to the Covered Platforms shall be contingent to your internet accessibility and we shall not be held liable for any breaks in your internet accessibility.
21.8In the event that the Covered Platforms or any portion thereof is not accessible due to technical problems or for any other reason, Users are not entitled to claim any loss or damage from us and we are not obligated to compensate any such User.
22.1Without prejudice to Fantain’s other rights under the Terms and Conditions, if you breach the Terms and Conditions in any way, or if we reasonably suspect that you have breached the Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including (a) temporarily suspend your access to the Covered Platforms (b) permanently prohibit you from accessing the Covered Platforms, (c) blocking computers / devices using your IP address from accessing the Covered Platforms, (d) contacting any or all of your internet service providers and request that they block your access to the Covered Platforms, (e) commence legal action against you, whether for breach of contract or otherwise; and/or (f) suspend or delete your User Account.
22.2Fantain may at any time, in its sole discretion reinstate suspended users. Once the User has been indefinitely suspended, the User shall not register or attempt to register with Fantain or use the Covered Platforms in any manner whatsoever until such time that the User is reinstated by Fantain.
23.Applicable Law and Dispute Resolution
23.1These terms and conditions shall be governed by and construed in accordance with the laws of India.
23.2Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Bangalore.
24.1Either you or Fantain may terminate the relationship between us, with or without cause, at any time.
24.2While Fantain will try to provide you prior notice of any termination of your Account, you acknowledge that Fantain may, under certain circumstances, terminate your User Account with immediate effect. Such termination may include, but shall not be limited to, your breach of the Terms and Conditions, requests by law enforcement or government agencies, non-payment of fees owed by you to us in connection with the access and use of the Covered Platform or the Services. In case of termination of the relationship for cause, Fantain reserves the right to deduct up to all amounts in your Account as administrative fees, processing fees, damages, implementation costs and penalties, if any.
24.3Fantain shall not be liable to you or any third party for the termination of any Covered Platform or the Services. If you object to any Terms and Conditions or become dissatisfied with the Service or Covered Platform in any way, your only recourse is to: (a) discontinue use of the Covered Platform or the Services; and (b) notify Fantain of such discontinuance.
24.4Upon termination of the relationship, your right to access or use the Covered Platforms and the Services shall immediately cease. You shall have no right, and Fantain shall have no obligation thereafter, to execute any of your uncompleted tasks or forward any unread or unsent messages to you or any third party. Once your User Account is terminated, cancelled or suspended, any data that you have stored on the Covered Platforms may not be retrieved later.
24.5If we terminate your relationship with us without cause or breach of the Terms and Conditions by you, Fantain shall, within 30(thirty) days of such termination, refund any balance amount in your Accounts to your personal bank account as per the information provided during your registration on the Covered Platform or to such other bank account that you may notify to us (so long as you are able to prove that you are the sole beneficiary of such account).
24.6In the event you terminate your relationship with us, the same will be treated like a Account Closure Request under Clause and we will be entitled to make appropriate deductions (which may include charges for accessing and using the Covered platform, implementation costs, administrative costs and processing fees) from the amount available in your Accounts, prior to refunding the balance to your personal bank account within 30 (thirty) days of receipt of a written termination request from you.
The Terms and Conditions, which are freely available for your perusal on the Covered Platforms constitute the entire agreement between you and Fantain in relation to your use of the Covered Platforms, and supersede all previous agreements in respect of your use of the Covered Platforms. Please note, however, that some aspects of your use of Services or Add-on Service may be governed by additional agreements, including service level agreements and software license agreements (“Individual Service Agreement”). You will agree to terms and conditions of such Individual Service Agreement when you sign up for that particular product, function, or service. An Individual Service Agreement supplements the Terms and Conditions. If any term of the Terms and Conditions expressly conflicts with any term of an Individual Service Agreement, the conflicting term in the Individual Service Agreement will control. All other terms and conditions in both this agreement and the Individual Service Agreement will remain in force.
Fantain reserves the right, in its sole discretion, to change, amend, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. If we make any substantial changes to the Terms and Conditions, we shall notify you by prominently posting notice of the changes on the Covered Platforms. All changes shall become effective for (a) new users immediately upon such change being notified on the Covered Platform, (b) existing Users, within 3 (three) days from the date of notice of such change. In the event a User has any reservation or objections to any change in the Terms and Conditions, such User may exercise its right to terminate this relationship under Clause 21.1. Your continued use of the Covered Platforms and/or the Services made available on or through the Covered Platforms after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
28.Release and Indemnification
You agree to indemnify and hold each of Fantain, its directors, representatives, employees, consultants and contractors, harmless from any claim or demand, including reasonable solicitors’ fees, made by any third party due to or arising out of your use of the Covered Platforms and / or any Services therein, the breach of the Terms and Conditions by you, or the infringement by you of any Intellectual Property Right or any other right of any other person or entity.
29.1Subject to the express permissions of the Terms and Conditions, both you and us will protect each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to the Terms and Conditions, each of us may use each other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under the Terms and Conditions.
29.2The term ‘Confidential Information’ shall mean all information disclosed or accessed by you to us or by us to you which is labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For purposes of the Terms and Conditions, User Generated Content and User Account shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of the Terms and Conditions; or (d) was or is independently developed by the receiving party without use of the disclosing party’s Confidential Information.
31.1If you need to give us notice of anything, including infringement of your rights, or any other non-compliance of any User Content with the Terms and Conditions, or you have any questions on the Terms and Conditions, please write to us at Fantain Sports Private Limited, #15, Ground Floor, Rest House Crescent Road, Bangalore, 560001, or email us at email@example.com.
31.2If we need to give you notice of anything, we shall write to you at the email address you provide to us.
© 2019 Fantain Sports Private Limited, #15, Ground Floor, Rest House Crescent Road, Bangalore, 560001, registered in India with registered number U92412KA2012PTC065678. All rights reserved. Version 1.3 dated January 3, 2019.