(a) mobile applications, website, other digital applications, and any other media formats (collectively, the “Covered Platforms”) for the purposes of (i) participating in ‘Fantasy Sports’, and (ii) accessing sports and entertainment content offered by Fantain Sports Private Limited, 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, 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) “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 the Credit and Debit Policy dated 2 January 2018;
(c) “Cancellable Games” means those Paid Games that maybe cancelled at the discretion of Fantain, at any time before the scheduled start date, for reasons beyong its control including owing to a deficit in the prescribed minimum number of registered participants that are required for such Paid Game to commence;
(d) “Disclaimer” means the disclaimer published on the Covered Platform, as amended from time to time;
(e) “Debit Mechanism” means the manner in which a User’s Deposit Account, FanCash Account or Winnings Account is debited with cash or FanCash for payment of Entry Fee in accordance with Credit and Debit Policy dated 2 January 2018;
(f) “Entry Fee” means the amount payable by the User to enter a Paid Game, the quantum of which will be specified in the Game Specific Rules;
(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;
(i) “Fantasy Games” means a virtual online game played between 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;
(j) “Free Game” means a Fantasy Game offered on the Covered Platform, which does not require payment of an Entry Fee;
(k) “Game Specific Rules” means rules specified by Fantain in relation to a Fantasy Game, which may govern, among other things, timing of User registration, payment of Entry Fee, User eligibility for participation, rules for creating and playing Mini Leagues, etc.
(l) “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.
(m) “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);
(n) “Non-Cancellable Games” means all Paid Games other than Cancellable Games;
(o) “Paid Game” means a Fantasy Game offered on the Covered Platform, which requires payment of an Entry Fee by the User (in accordance with Game Specific Rules);
(p) “Platform Fees” means such percentage of the Entry Fee paid by the User to enter into a Paid Game, the quantum of which will be specified in the Game Specific Rules;
(q) “Prize” means cash merchandise, coupons or gift voucher awarded by Fantain to a User, who is declared a winner of a Fantasy Game;
(r) “Prize Pool” means, in respect of each Paid Game, the total amount specified by Fantain in Game Specific Rules which will be used to award Winings to the Participants of such Paid Game;
(s) ”Prize Pool Contribution” means, in respect of each Paid Game, such percentage of the Entry Fee as provided in the Game Specific Rules, that will be transferred to the Prize Pool;
(t) “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 and compete with each other, and receive payment based on their performance; and
(v) “User” means you, and does not include your assigns, successors, heirs and legal representatives, unless the context requires otherwise.
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
6.1 You acknowledge, agree and confirm that Fantasy Games offered 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. User Accounts
7.2 You 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.
7.4 You 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.
7.5 You will be solely responsible for maintaining the confidentiality of your User Registration, and we will not be responsible for misuse of your User Registration by any third party. You may never use another User’s account.
7.6 You are responsible for any activity on the Covered Platforms arising out of your failure to keep your User Registration 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 User Registration.
7.7 Fantain reserves the right to refuse access or use of the Covered Platforms to any person or entity at Fantain’s sole discretion.
7.8 Fantain may (a) suspend your User Registration; (b) cancel your User Registration, and/or (c) edit your User Registration, at any time in our sole discretion without notice or explanation.
7.9 You grant Fantain the right to disclose to third parties the User Registration to the extent necessary for the purpose of carrying out the Services.
7.10 You 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
8.1 The 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.
8.2 You 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.
8.3 You 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.
8.4 You 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.
8.5 You 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.
8.6 You 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
9.1 You 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.
9.2 The above is a non-exhaustive list which may be used as an indicative guide.
9.4 All 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. External Content
10.1 The 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.
10.2 The 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.
10.3 We 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.
11.1 We 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.
11.2 Cookies 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.
11.4 We 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.
11.5 In 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.
11.6 For 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
12.2 We 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
13.1 Fantain shall organize 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 Entry Fee, if any. Fantain reserves the right to waive any Platform Fees payable by a User.
13.2 Fantain may organize 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, Entry Fee, the manner of payment of such fees, 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..
13.3 Fantain 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.
13.4 All Fantasy Games are constantly monitored by Fantain using state-of-the-art systems and mechanisms.
13.5 Fantain 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.
13.6 Fantain shall declare the winners of a Fantasy Game 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.
13.7 Fantain 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.
13.8 Fantain 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.
13.10 We 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.
13.11 All 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.
13.12 In case a Prize in payable in cash, the winnings will be reflected in the User’s Winnings Account after deduction of applicable tax.
13.13 Fantain 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.
13.14 Fantain 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
14.1 You 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 and Telangana. 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.
14.2 You 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.
14.3 You 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. 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;
15.2 If any representation provided above by you is found to be false or incorrect at any time, the consequences set out in Clause 18 shall apply for each such breach or misrepresentation.
16. Your Obligations
16.1 You 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.
16.2 Fantain 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.
17. Limitations and Exclusions of Liability
17.1 All 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.
17.2 Fantain 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.
17.3 Fantain 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.
17.4 Fantain 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.
17.5 Without 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.
17.6 You 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.
17.7 We 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.
17.8 In 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.
18.1 Without 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 Registration.
18.2 Fantain 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.
19. Applicable Law and Dispute Resolution
19.1 These terms and conditions shall be governed by and construed in accordance with the laws of India.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Bangalore.
20.1 Either you or Fantain may terminate the relationship between us, with or without cause, at any time to be effective immediately.
20.2 While Fantain will try to provide you prior notice of any termination of your account, you agree that Fantain may under certain circumstances, immediately terminate your User Account. Causes for 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 in connection with the access and use of the Covered Platform or the Services.
20.3 Fantain 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.
20.4 Upon 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 Registration is terminated, cancelled or suspended, any data that you have stored on the Covered Platforms may not be retrieved later.
20.5 Upon termination of your relationship with us without cause or without breach of the Terms and Conditions on your part, 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 in your User Registration or to such other bank account that you may notify to us .
20.6 In the event your relationship with us is terminated due to cause or breach of the Terms and Conditions on your part, we will be entitled to make appropriate deductions from the amount available in your Accounts, prior to refunding the balance to your personal bank account.
22. Entire Agreement
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 20.1. 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.
24. 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.
25.1 Subject 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.
25.2 The 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 Registration 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.
26.1 If 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, email us at email@example.com.
26.2 If we need to give you notice of anything, we shall write to you at the email address you provide to us.
© 2017 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 dated 2 January 2018.