Terms and Condition

Last Updated: September 06, 2020 

 

  1. GameOn 

XTRM Enterprises Pvt. Ltd. is a company, incorporated under the extant provisions of the Companies Act, 2013. GameOn is the flagship brand of XTRM Enterprises Private Limited (“GameOn”). Through the GameOn website (____________), along with its sub-pages, and the GameOn App, GameOn operates five separate portals through which it offers cricket based online fantasy games. GameOn as used herein shall be construed as a collective reference to GameOn Website, GameOn App and all other GameOn Services, including but not limited to the contests therein. 

 

  1. Acceptance of Terms & Conditions of Use 

  1. Thank you for choosing GameOn. These Terms & Conditions of Use, set out hereunder, are intended to make the User aware of his/her legal rights and responsibilities with respect to their access to, and use of, the GameOn Website and the GameOn App, as well as GameOn Services.  

  1. The User is advised to please read these terms and conditions carefully. By accessing or using the GameOn Website or Application, the User agrees to these terms and conditions of use, thereby concluding a legally binding contract.  

  1. The User may not be able to use the GameOn Platform and/or Services if he/she does not accept these terms and conditions and/or is unable to be bound by the terms and conditions.  

  1. In order to use the services, the User must first agree to these terms and conditions, by: 

  1. Clicking to accept and agree to the terms and conditions, where it is made available by GameOn to its Users in the user interface for any particular service; and/or  

  1. Actually using the services 

  1. GameOn may vary, amend, change and/or update these terms and conditions of use, from time to time, at its sole discretion. The User shall be responsible for checking these terms and conditions from time to time, and to ensure continued compliance thereof. The User’s use of the GameOn Platform after any such change(s) shall be deemed as express acceptance of the changed / updated terms and conditions.  

  1. GameOn may provide a translation of the English version of the Terms & Conditions of Use. The User understands and agrees that any translation of these terms and conditions into any other language is solely for the convenience of the User(s), and the English version only shall govern the relationship between the User and GameOn. Further, in case of any inconsistencies between the English version and any of the translated version(s), the English version shall prevail.  

 

  1. Definitions 

Words and phrases used in this document shall have the meaning assigned to them under this Clause. In case of any inconsistency ___________: 

  1. Additional Terms & Conditions 

  1. Cash Bonus 

  1. Content shall include (but not limited to) reviews, images, photos, audios, videos, location data, and any / all forms of information or data. The content shall further be categorized as follows: 

  1. GameOn Content means the content that is created by GameOn and made available in connection with the GameOn Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage related data, in connection with the activities associated with the Users’ accounts, and all other elements and components of service, excluding the User Content and Third Party Content.  

  1. Third Party Content means content that comes from parties other than GameOn or its Users, and is available for service.  

  1. User Content means the content that the User uploads, shares or transmits to, through or in connection with the GameOn Services, such as profile information, photos, videos, reviews, comments, feedback and/or any other material which is publicly displayed by the User.  

  1. Contest 

  1. Intellectual Property Rights 

  1. Intermediary 

  1. GameOn Platform shall refer to the GameOn applications, websites, content, products and services, which are made available by GameOn. 

  1. GameOn Services constitute a technology platform, that enables the Users of the GameOn website or application, provided as part of the Services to ______________  

  1. Participant 

  1. Payment Agent 

  1. Platform Fee 

  1. Privacy Policy 

  1. Prizes 

  1. Services 

  1. Teams 

  1. Terms & Conditions of Use govern the access or use by any person, of the GameOn applications, websites, content, products and services made available by GameOn and XTRM Enterprises Pvt. Ltd.  

  1. Third Party 

  1. Third Party Services 

  1. Use in relation to Content means use, copy, display, distribute, modify, translate, reformat, incorporate into advertisement and other works, analyze, promote, commercialize, create derivative works, and in case of third party services, allow their users and others to do the same. 

  1. User refers to any person viewing the GameOn Platform or Services, for the purpose of sharing, displaying, hosting, publishing, transacting and/or uploading information, views and/or pictures. 

 

  1. Usage of GameOn Services 

  1. Any person (“User”) by installing, accessing or using any of the services offered or proposed to be offered by GameOn, agrees to be bound by the terms, conditions and all other rules and regulations, as provided by GameOn, which shall collectively be referred to as the “Terms & Conditions of Use”. The said Terms & Conditions of Use shall also include the terms and conditions of use referred to hereunder, or as duly amended by GameOn, from time to time. 

  1. In order to use all the aspects of GameOn Services, the User must register for, and maintain an active personal account. The account registration requires the User to submit certain personal information to GameOn such as name, address, mobile number, e-mail address, age, and at least one valid payment method (either credit card, debit card or any other mobile wallet). 

  1. Persons below the age of eighteen (18) years are not allowed to use the services of GameOn and/or participate in any of the games, contests, events (by whatever name called) on the GameOn Platform. The Users will have to disclose their real age at the time of getting access into the GameOn Platform.  

  1. The GameOn Services may not be available in certain States on account of applicable State laws. The other pre-requisites for availing the GameOn Services are set out in this document. 

  1. GameOn shall have the sole discretion and shall be entitled to modify these Terms & Conditions of Use, referred to herein or provided by GameOn in relation to any services offered, or proposed to be offered, at any time, by announcing the same on the GameOn Platform, from time to time.  

  1. GameOn will notify the user of any such change / modification of the Terms and Conditions of Use, by way of sending an e-mail to the User’s registered e-mailing address and/or by posting notification in this regard on the User’s account. The User may then exercise the options provided in such e-mail or notification to indicate acceptance or non-acceptance of the modified Terms and Conditions of Use, rules, regulations and terms of use referred to herein or provided by GameOn. If such option is not exercised by the User, within the time frame prescribed in the email or notification, it will be deemed that the User has accepted the modified Terms & Conditions of Use, as updated by GameOn from time to time. 

  1. Some of the services being provided by GameOn may be subject to specific rules, regulations, conditions and terms of use of service set down in that respect (“Additional Terms and Conditions”), which are also binding on the User and must be read along with the Terms & Conditions of Use. To the extent that these Terms & Conditions of Use are inconsistent / repugnant with the Additional Terms and Conditions set out, the latter shall prevail. 

  1. GameOn, at its sole and absolute discretion, reserves the right to: 

  1. Restrict, suspend, or terminate any User’s access to all or any part of GameOn or GameOn Platform Services; 

  1. Change, suspend, or discontinue all or any part of the GameOn Services; 

  1. Reject, move, or remove any material that may be submitted by a User; 

  1. Move or remove any content or services that are available on the GameOn Platform; 

  1. Deactivate or delete a User’s account and all related information and files on the account; 

  1. Establish general practices and limits concerning the use of the GameOn Platform; 

  1. Offer discounts to its users in form it deems fit ("Cash Bonus"). All such discounts shall be credited in a separate account called as Cash Bonus Account; 

  1. Revoke any credits or monetary amounts offered to Users (such as ‘cash bonus’, ‘coupon code’, referral bonus’, etc.) regardless of the form and nature of it, in any manner as GameOn deems fit. All such discounts shall be credited in a separate wallet on the User’s account, called the “Cash Bonus”;  

  1. Revise or make additions and/or deletions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant Sports Event; and/or 

  1. Assign its rights and liabilities to all User accounts hereunder to any entity (prior to such assignment, an intimation of such assignment shall be sent to all Users at their registered e-mail addresses) 

  1. If GameOn charges its Users a “platform fee” in respect of any GameOn Services, GameOn shall, without any delay, repay such platform fee in the event of suspension or removal of the User’s account or such GameOn Services, on account of any negligence or deficiency on the part of GameOn, but not if such suspension or removal is affected due to: 

  1. any breach or inadequate performance by the User of any of these Terms and Conditions of Use; or 

  1. any circumstances beyond the reasonable control of GameOn. 

  1. In the event any User breaches, or GameOn reasonably believes that such User has breached these Terms and Conditions of Use, Additional Terms and Conditions, Privacy Policy, Community Guidelines {{HyperLink}}, etc. or any applicable law, or has illegally or improperly uses the GameOn Platform or the GameOn Services, GameOn may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User’s access to all or any part of GameOn Services, Contests and/or Platform; deactivate or delete the User's account and all related information on the account; delete any content posted by the User on GameOn; and/or take technical and legal steps as GameOn deems necessary. 

  1. The use of GameOn Service is subject to applicable laws and legal processes, and nothing contained in these Terms and Conditions of Use shall limit the right of GameOn to comply any Governmental policies / notifications, court orders / directions and law enforcement requests / requirements relating to the User’s use of the services offered by GameOn. 

  1. If GameOn discovers any errors/bugs/glitches in relation to the services provided by it or any part thereof, including errors in contest(s) and/or prize(s), GameOn reserves the right (exercisable at its sole discretion) to rectify the error in such manner as it may deem fit, including through a set-off of the erroneous amount from amounts due to the User, if any, or deductions from the User’s account, as the case may be. In case of exercise of remedies in accordance with the Clause, GameOn agrees to notify the User of the error, and of the exercise of the remedy to rectify the same.   

  1. GameOn, may from time to time, conduct and/or organize promotions and offers on the GameOn platform, on such terms and conditions, as it may deem fit.  

  1. The User consents to receiving notifications / communications such as updates, announcements, administrative messages and advertisements from GameOn or any of its partners, licensors or associates. 

 

  1. Provision of the Services offered by GameOn 

  1. GameOn is constantly evolving in order to provide the best possible experience to its Users. The User acknowledges and agrees that the form and nature of the Services, which GameOn provides, may require effecting certain changes in it. Therefore, GameOn reserves the right to suspend / cancel, or discontinue any or all products and services at any time without notice, make modifications and alterations in any/all of its contents, products and services contained on GameOn’s Platform, without any notice. 

  1. GameOn reserves the right to charge a subscription and/or membership fees from a User, by giving reasonable prior notice, in respect of any products, services and/or any other aspect of GameOn Platform, any time in the future. 

  1. GameOn may, from time to time, introduce referral and/or incentive-based programs for its Users, which may be governed by their respective terms and conditions, by which the User shall be bound. GameOn reserves the right to modify, cancel and/or discontinue such programs without any notice to the User.  

 

  1. Intellectual Property Rights 

  1. The services provided by GameOn include a combination of content created by GameOn, its partners, affiliates, licensors, associates and/or Users of the services. The Intellectual Property Rights in all software underlying GameOn and the GameOn Platform, and the material published on the GameOn Platform, including (but not limited to) games, contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings, flash animation and trademarks, is owned by GameOn, its partners, licensors, affiliates and/or associates.  

  1. GameOn is the sole and exclusive copyright owner of the contents of its own Services and Content. Further, by submitting User Content to GameOn, the User grants GameOn a perpetual, irrevocable, world-wide, non-exclusive, fully paid, royalty free, assignable, sub-licensable, transferable rights to use the User Content. 

  1. The User shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit and/or utilize any of the materials, information or content on GameOn, that does not belong to the User, either in whole or in part, without the express written license from GameOn and/or the respective third party, to whom such material, information and/or content related to.  

The User may request permission to use any GameOn content by writing in to GameOn HelpDesk {{HyperLink}} helpdesk@gameon.guru 

  1. Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise generate and/or make available on GameOn (“User’s Content”). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User’s Content and that no part of the User’s Content infringes any third party rights. Users further confirm and undertake to not display or use the names, logos, marks, labels, trademarks, copyrights or any other intellectual and proprietary rights of any third party on the GameOn Platform. 

  1. GameOn does not actively and/or knowingly display or host any content/information, and GameOn is an intermediary (as defined under the applicable laws) in the context of the User’s content available on its Platform. 

  1. The User agrees to indemnify and hold harmless GameOn, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated, including for the infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or any other intellectual and proprietary rights on GameOn, by such User or through the User’s commissions or omissions. 

  1. The User hereby grants to GameOn and its affiliates, partners, licensors and associates, a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license, to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users' Content for any of the following purposes: 

  1. displaying the User’s Content on GameOn 

  1. distributing the User’s Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or 

  1. storing the User’s Content in a remote database accessible by end users, for a charge. 

This license shall apply to the distribution and the storage of the User’s Content in any form, medium, or technology. 

  1. All names, logos, marks, labels, trademarks, copyrights or any other intellectual and/and proprietary rights belonging to any person (including a User), entity or third party, are recognized as proprietary to the respective owners and any claims, controversies or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to GameOn. 

  1. GameOn reserves the right, at any time and without any prior notice, to remove, block, and/or disable access to any Content, which in its reasonable opinion is objectionable, in violation of its Terms and Conditions of Use and Privacy Policy, illegal, and/or otherwise harmful.  For more information in this regard, refer to our Community Guidelines {{HyperLink}} .  

 

  1. Third Party Website, Services & Products 

  1. GameOn Services may contain links to other Internet sites owned and operated by third parties. Users’ use of each of those sites is subject to the conditions, if any, posted by the said sites. GameOn does not exercise any control over any Internet site(s) apart from the GameOn website, and cannot be held responsible for any content residing in any third party internet website. GameOn’s inclusion of third party content or links to third-party internet websites is not an endorsement by GameOn of such third-party internet websites. 

  1. The User’s correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users’ correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that GameOn will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor. 

  1. GameOn contains content that is created by GameOn, as well as, content provided by third parties. GameOn does not guarantee the accuracy, integrity and/or quality of the content provided by third parties and such content may not be relied upon by the Users in utilizing the GameOn Services provided on the GameOn Platform, including while participating in any of the contests hosted on GameOn. 

  1. Without prejudice to the generality of Clause 4, the User expressly agrees not to hold GameOn responsible or liable where the services / contests are affected due to any action of any third party providing such service and/or organizing such contest. 

 

  1. Advertising 

  1. Some of the Services supported by GameOn Platform are supported by advertising revenue, and GameOn may display advertisements and promotions on its Platform. In consideration for GameOn granting access to, and use of, its Services to the User.   

  1. GameOn shall not be liable for any error, omission or inaccuracy in advertising material and/or any loss/damage incurred as a result of such dealings between the Users(s) and the Advertiser(s), or as a result of the presence of such advertisement on the GameOn Platform. 

 

  1. Privacy Policy 

  1. All information collected from Users, such as registration and credit card information, is subject to GameOn’s Privacy Policy, which is available here. {{HyperLink}} 

  1. The Privacy Policy is to be read as part and parcel of the Terms & Conditions of Use.  

  1. The User has agreed to the Terms & Conditions of Use after reading and understanding the Privacy Policy, and is aware that GameOn will handle his/her information in accordance therewith. By using any part of the services provided by GameOn, the User indicates his/her acceptance of the Privacy Policy, and to the collection, use and/or disclosure of his/her personal information in accordance with the Privacy Policy. 

  

  1. User Representations, Warranties & Conduct 

  1. In order to use the GameOn Platform and Services, the User agrees that he/she is above of age of eighteen (18) years. 

  1. In order to use the GameOn Service, the User agree to abide by these Terms and Conditions, including but not limited to the Additional Terms and Conditions, and the Privacy Policy, and all other rules, regulations and terms which may be notified by GameOn from time to time. In the event the User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, GameOn may, at its sole and absolute discretion, take necessary remedial action, including but not limited to: 

  1. restricting, suspending, or terminating any User’s access to all or any part of GameOn Services; and/or 

  1. deactivating or deleting a User’s account and all related information and files on the account. Any amount remaining unused in the User's Game Account or Winnings Account on the date of deactivation or deletion, same shall be transferred to the User’s bank account on record with GameOn subject to a penalty or processing fee (if any) applicable on such transfers as set out herein; and/or 

  1. refraining from awarding any prize(s) to such User; and/or 

  1. retaining the amount in the User’s Cash Bonus; and/or 

  1. reporting any violation of any applicable law by the User to the concerned authorities. 

  1. The User agrees to provide true, accurate, current and complete information at the time of registration and at all other times (as and when required by GameOn). Users further agree to update and keep updated their registration information. The User represents and warrants to review, modify and update their profile information on his/her account on the GameOn Platform from time to time subject to any changes. 

  1. The User is strictly prohibited from registering and/or operating more than one User account with GameOn. 

  1. The User agrees to ensure that he/she can receive all communications from GameOn by way of e-mails/SMSs from GameOn on their registered email address or telephone number. Thereby the User shall ensure GameOn to their ‘safe senders’ list. GameOn shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User’s junk or spam folder. 

  1. Any password issued by GameOn to a User shall not be revealed to anyone else. Users shall not use anyone else’s password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify GameOn of any unauthorized use of their passwords or accounts or any other breach of security. 

  1. The User agrees to exit/log-out of his/her account at the end of each session. GameOn shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements. 

  1. The User agrees not to use cheats, exploits, automation, software, bots, hacks, methods or any unauthorised third party software designed to modify or interfere with GameOn Services and/or GameOn experience or assist in such activity. 

  1. The User agrees not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying GameOn or GameOn’s Services. 

  1. The User agrees that without the express written consent of GameOn, he/she shall not modify or cause to be modified any files or software that are part of GameOn’s Services. 

  1. The User agrees not to manipulate, disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support GameOn or GameOn’s Services; or (2) the enjoyment of GameOn Services by any other User or person. 

  1. The User agrees not to institute, assist or become involved in any type of attack, including but not limited to distribution of a virus, denial of service, or other attempts to disrupt GameOn Services or any other person’s use or enjoyment of GameOn Platform or GameOn Services. 

  1. The User shall not attempt to gain unauthorised access to the User accounts, servers or networks connected to GameOn Services by any means other than the User interface provided by GameOn, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of GameOn Services. 

  1. Without limiting the foregoing, the User agrees not to use GameOn for any of the following: 

  1. To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication; 

  1. To harass, stalk, threaten, or otherwise violate any legal rights of other individuals; 

  1. To publish, post, upload, e-mail, distribute, disseminate or otherwise transmit any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content; 

  1. To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, GameOn, any software, hardware, or telecommunications equipment; 

  1. To advertise, offer or sell any goods or services for any commercial purpose on GameOn without the express written consent of GameOn; 

  1. To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner; 

  1. To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; 

  1. To restrict or inhibit any other Users from using and enjoying any public area within our sites; 

  1. To interfere with or disrupt GameOn, servers, or networks; 

  1. To impersonate any person or entity, including, but not limited to, a representative of GameOn, or falsely state or otherwise misrepresent User’s affiliation with a person or entity; 

  1. To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through GameOn or to manipulate User's presence on GameOn(s); 

  1. To use publicly accessible spaces available on the Platform of GameOn, such as, bulletin board, chat areas, newsgroups, forums, communities and/or contact facilities found on the Platform only to send and receive messages and material that are proper and related to that particular Forum. 

  1. To take any action that imposes an unreasonably or disproportionately large load on our infrastructure; and/or 

  1. To collect or store information about any other Users. 

  1. If a User chooses a username that, in GameOn’s considered opinion is obscene, indecent, abusive or that might subject GameOn to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, GameOn reserves the right, without prior notice to the User, to restrict usage of such names, which in GameOn’s opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and posts from GameOn, deny such User access to GameOn, or any combination of these options. 

  1. Unauthorized access to the GameOn Platform is a breach of these Terms and Conditions of Use, and a violation of the law. Users agree not to access the GameOn Platform by any means, other than through the interface that is provided by GameOn for use in accessing the GameOn Platform. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing. 

  1. Without limiting the foregoing, the User agrees not to host, display, upload, modify, publish, transmit, update and/or share any information that: 

  1. belongs to another person and to which the User does not have any rights; 

  1. violates any law for the time being in force; 

  1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person’s privacy, hateful, racially and ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner; 

  1. harms minors in any way; 

  1. infringes any patent, trademark, copyright or any other intellectual and/ or proprietary rights of any third party; 

  1. deceives or misleads the addressee about the origin of such messages; 

  1. impersonates another person; 

  1. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States and/or public order; 

  1. causes incitement to commit a crime or prevents investigation. 

  1. Use of GameOn Platform and Services are subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit GameOn’s right to comply with governmental, court, and law-enforcement requests or requirements relating to the User’s use of GameOn. 

  1. In case of any grievances, complaints or suggestions, the User may reach out to GameOn through - 

HelpDesk {{Link Here}} if the user has any concerns with regard to a match and/or contest within Forty Eight (48) hours of winner declaration for the concerned contest. 

  1. GameOn shall not be held responsible for any content contributed by Users on the GameOn, and for any loss/ damage on account of the same. 

 

  1. Contests 

  1. GameOn offers games of skill on its Platform, and as part of its Services, GameOn may make available contests (“Contests”) on its Platform. 

  1. The Contests shall be governed by the Additional Terms and Conditions, which shall be in addition to the Terms & Conditions of Use and the Privacy Policy, as updated by GameOn from time to time. Any breach of the Additional Terms and Conditions shall be deemed to a breach of the Terms & Conditions of Use. 

  1. Currently, the following contests are made available on GameOn platform: A fantasy cricket game 

  1. Individual Users wishing to participate in the such contest ("“Participants"”) are invited to create their own fantasy teams(s) (“Teams”) consisting of real life cricketers(as applicable) involved in the real-life cricket match (as applicable), series or tournament (each a “Sport Event”) to which the fantasy game relates. GameOn offers its platform to Participants for fantasy game Contest(s) being created, relating to each Sport Event, and Participants can participate in such Contest(s) with their Teams. 

  1. In the event the User indicates, while entering an address, that he/she is a resident of either Assam, Odisha, Sikkim, Nagaland or Telangana, or if the location of the User indicates that he/she is present any of these States, the User will not be permitted to enter such Contests. 

  1. By participating in the Contests, the User acknowledges and agrees that he/she is participating in a game of skill, which is defined in Clause 9 hereunder. 

 

  1. IBC GameOn Contest 

  1. Users participating in the IBC GameOn Contest hereby agree to be contacted by ICC Business Corporation FZ LLC (“IBC”) for promotion and marketing purposes. User information will only be shared if the user has joined the IBC GameOn contest. Users’ personal information shall only be used where General Data Protection Rules allows GameOn to do so. User may at any time withdraw their consent and request deletion of their personal information by writing to GameOn Helpdesk and once GameOn has received the user notification, GameOn will endeavour to delete or de-identify the user information and will no longer use users personal information unless GameOn has a legitimate basis for doing so by law. 

  1. The Participant(s) owning the Team(s) with the highest aggregate score in a particular match shall be declared the Winners. In the event of more than one participating team having the same team score, the Winner will be decided on the basis of points earned by the captain of such competing teams. If the participating team(s) have the same captain, then the participating team with the vice -captain having a higher score shall be declared a Winner. In the event of the participating team(s) having the same captain and vice-captain, the Winner will be declared based on the Participant having priority in submission of their team. 

  1. All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind. 

  1. ICC shall be solely responsible for distribution of prizes for all the IBC GameOn Contest winners. GameOn shall not be held responsible for any lapses on part of ICC to give the prizes. 

 

  1. Legality of Game of Skill 

  1. Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations, including the Public Gambling Act, 1867. The success in such a game depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player, and hence is classified as a game of skill. 

  1. The Contest(s) described above (across the GameOn Services) are games of skill as success of participants depends primarily on their superior knowledge of the games of cricket and/or football and/or basketball and/or hockey and/or handball and/ or volleyball and/or kabaddi and/or baseball statistics, knowledge of players' relative form, players’ performance in a particular territory, conditions and/or format (such as ODIs, test cricket and Twenty20 in the cricket fantasy game), attention and dedication towards the Contest(s) and adroitness in playing the Contest(s). The Contest(s) also requires Participants to field well-balanced sides with limited resources and make substitutions at appropriate times to gain the maximum points. 

  1. By participating in the Contest(s) on the GameOn Platform, each participant acknowledges and agrees that he/she is participating in a game of skill. 

 

  1. Payment Terms: 

With respect to any transaction entered into on the Website and/or the App of GameOn, including making payments to participate in the Contest(s), the User agrees to be bound by the payment terms as mentioned in this Clause, as under:  

  1. GameOn reserves the right to charge a Platform Fee, which would be specified and notified by GameOn on the Contest(s) page, created on the GameOn Platform, prior to a User joining such contest. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s account balance and GameOn shall issue an invoice for such debit to the User. 

  1. Subject to these Terms and Conditions of Use, all amounts collected from the Users are held in a separate non-interest bearing Bank Account. The said accounts are operated by a third party (“Payment Agent”), appointed by GameOn in accordance with these Terms and Conditions. From these bank accounts, the payouts can be made to (a) Users (towards their withdrawals), (b) GameOn (towards its Platform Fees) and to (c) Government (towards TDS on Winnings Amount). GameOn receives only its share of the platform Fees through the said Payment Agent, and all other remaining transactions are between the Payment Agent and the User. 

  1. The User may participate in a Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest(s), which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. It is clarified that GameOn has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User’s account balance maintained with the GameOn as a Trustee. 

  1. Any user availing GameOn Services are provided with 3 categories of accounts/wallets for the processing and reconciliation of payments: (i) Deposit Wallet, (ii) Winnings Wallet (iii) Referral Wallet. It is clarified that in no instance the transfer of any amounts in the User’s accounts to any other category of account held by the user or any third party account, including a bank account held by a third party: 

  1. User winnings in any Contest(s) will reflect as credits in the User’s Winnings Wallet. 

  1. User’s remitting the amount to the designated payment gateway shall be credited to the User bank Account 

  1. In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Contest(s), the User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s ‘Deposit Wallet’ and will be available for use in participation in any match(s) or Contest(s).  

Note: Withdrawal from the Deposit Wallet and Referral Wallet is not allowed and the user agrees to this when he/she agrees with the Terms and Conditions. 

  1. All Cash Bonus credited into the User’s account shall be valid for a period of thirty (30) days from the date of credit. The Cash Bonus shall lapse at the end of thirty days. GameOn reserves the right to revoke Cash Bonus so issued, subsequent to which the amount shall be deducted from the User’s account.  

  1. The User agrees that once he/she confirms a transaction on the GameOn Platform, he/she shall be bound to make payment, in accordance with the terms and conditions of payment, and the said transaction is final and no cancellation thereof would be permissible. 

  1. The User acknowledges that subject to time taken for bank reconciliation and such other external dependencies, that GameOn has on Third Parties, any transaction on GameOn Platform may take upto 6 hours to be processed, and will reflect in the User’s Deposit Wallet, Referral Wallet and/or Winning Wallet, as the case may be. The User agrees not to raise any claim / complaint against GameOn in respect of any delay, including lost opportunity to join any contest(s).  

  1. GameOn may, in certain exceptional cases, and in its sole and absolute discretion, may refund the amount to the User after deducting applicable cancellation charges and applicable taxes.  

  1. At the time of the transaction, Users may also be required to take note of certain Additional Terms and Conditions and such additional terms and conditions shall also govern the transaction. To the extent that the Additional Terms & Conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail. 

 

  1. Wallets: 

  1. Amounts shall be debited from the Deposit Wallet in the same order in which they were credited, i.e., amounts credited into the “Deposit Wallet” prior in time shall be debited first. 

  1. A User shall NOT be permitted to withdraw any amounts credited into the User’s Deposit Wallet or Referral Wallet, for any reason whatsoever. All amounts credited into a User's Deposit Wallet must be utilized within 335 days of credit. In case any unutilized amount remains in the Deposit Wallet after the completion of 335 days from the date of credit of such amount, GameOn reserves the right to forfeit such unutilized amount, without liability or obligation to pay any compensation to the User. 

  1. Withdrawal of any amount standing to the User’s credit in the Winnings Wallet may be made by the user anytime after his/her accumulated earnings cross Rs.150 OR upon the completion of 335 days from the date of credit of such amount in the User's Winnings Wallet. In either case, GameOn shall affect an online transfer to the User’s bank account on record with GameOn within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings Account. GameOn shall not charge any processing fee for the online transfer of such amount from the Winnings Wallet to the User’s bank account on record with GameOn. Users are requested to note that they will be required to provide a valid PAN Card for identification and compliance purposes in order for GameOn to process the withdrawal request. The name mentioned on the User's identification document should correspond with the name provided by the User at the time of registration on GameOn, as well as the name and address existing in the records of the User’s bank account as provided to GameOn.  

  1. In the event that no bank account has been registered by the User against such User’s account with GameOn, or the User has not verified his/her User account with GameOn, to GameOn’s satisfaction and in accordance with these terms and conditions, GameOn shall provide such User with a notification to the User’s registered email address/telephone number as on record with GameOn at least 30 days prior to the Auto Transfer Date. In case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by the Auto Transfer Date, the User shall forfeit the said amount to GameOn, subject to transfer on the Auto Transfer Date. Failure to provide GameOn with a valid bank account or valid PAN Card (to GameOn’s satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause. 

  1. Further, in order to conduct promotional activities, GameOn may gratuitously issue Cash Bonus and/or In-App purchase bonus to the User for the purpose of participation in any Contest(s). This amount will be displayed in the User’s ‘Referral Wallet’ and the In-App purchase will be made available for the User in his/her team selection screen. No User shall be permitted to transfer or request the transfer of any amount in the Referral Wallet. The usage of any Cash Bonus issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such Cash Bonus must be used, as applied by GameOn and notified to the User at the time of issue of such amount.  

  1. The issue of any Cash Bonus to the user is subject to the sole discretion of GameOn and cannot be demanded by any User as a matter of right. The issue of any Cash Bonus by GameOn on any day shall not entitle the user to demand the issuance of such Cash Bonus at any subsequent period in time nor create an expectation of recurring issue of such Cash Bonus by GameOn to such User. The Cash Bonus granted to the user may be used by such User for the purpose of setting off against the contribution to the prize pool in any Contest, in accordance with these Terms and Conditions. The Cash Bonus shall not be withdraw-able or transferrable to any other account of the User, including the bank account of such User, or of any other User or person, other than as part of the winnings of a User in any Contest(s). In case the User terminates his/her account with GameOn or such account if terminated by GameOn, all Cash Bonus granted to the User shall return to GameOn and the User shall not have any right or interest on such points. 

  1. “Invite Friends” Program: 

  1. GameOn Invite Friends Program lets you invite friends to join GameOn. For more details, see the page on Standard Terms & Conditions of GameOn’s “Invite Friends” Program. {{Link Here}} 

  1. The Standard Terms & Conditions of GameOn’s “Invite Friends” Program is to be read as part and parcel of the Terms & Conditions of Use. By using any part of the services provided by GameOn, the User indicates his/her acceptance of the Standard Terms & Conditions of GameOn’s “Invite Friends” Program. 

  1. General Conditions 

  1. If it comes to the notice of GameOn that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of GameOn that conduct of any such Contest(s) is prohibited, then GameOn shall withdraw and / or cancel such Contest(s) without prior notice to any Participants or winners of any Contest(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest or Contest it in any manner. 

  1. Employees, directors, affiliates, relatives and family members of GameOn, will not be eligible to participate in any Contest(s). 

  1. Dispute Resolution and Governing Law: 

  1. In case any dispute arises between any User and GameOn, pertaining to, and in relation with, any GameOn Services, shall be governed by the laws of India, including the statutes, amendments thereto, rules, regulations, notifications, etc., as may be passed by the Central or State Government, from time to time.  

  1. In case of any legal disputes, which may arise between the User and GameOn, of any other nature, inter alia, any claims, rights, etc., the party raising the dispute shall provide a written notification (“Notification”).  

  1. Upon receipt of the Notification, the Parties shall first attempt to amicably resolve the same by mutual discussions and negotiations. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration, under the provisions of the Arbitration & Conciliation Act, 1996, at the option of either Party and GameOn reserves the right to appoint the Arbitrator.  

  1. The seat of arbitration shall be at Kolkata, West Bengal, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. 

  1. The arbitration award shall be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts.  

  1. The courts of competent jurisdiction at Kolkata shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the services provided by GameOn (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or GameOn, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of India. 

  1. Nothing contained in these Terms and Conditions shall prevent GameOn from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard GameOn's interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of GameOn to pursue any remedy for monetary damages through the arbitration described herein. 

 

  1. Indemnity & Release and Limitations of Liability 

  1. By using and accessing the GameOn Services, the User hereby releases from liability, agrees to indemnify, defend and hold harmless, GameOn, and/or any of its directors, employees, partners, affiliates, associates and licensors, from and against any third party claims, and all consequences thereof, including but not limited to personal injury, damage to property (whether direct, indirect, consequential or forseeable), liability, cost, loss and/or any expense arising on account of the same, as a reason of: 

  1. the User’s access and use of the Services; and/or 

  1. some act of ommission or commission from User’s account. 

  1. The User shall be solely responsible for all claims and liabilities or any other consequences, which may arise due to their use of the GameOn Service, including where such use amounts to violation/contravention of applicable laws, and/or is in non-conformity with the Terms & Conditions of Use, including provision of incorrect address or other personal details. The User also undertakes to indemnify (in full) GameOn, and/or any of its directors, employees, partners, affiliates, associates and licensors with respect to any loss/damage (including legal costs and expenses), which may be suffered by GameOn on account of such act on the part of the User. 

  1. Users shall be solely responsible for any consequences which may arise due to their access of GameOn Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to GameOn Services,. Users also undertake to indemnify GameOn and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by GameOn on account of such act on the part of the Users. 

  1. Users shall indemnify, defend, and hold GameOn harmless from any third party/entity/organization claims arising from or related to such User's engagement with the GameOn or participation in any Contest(s). In no event shall GameOn be liable to any User for acts or omissions arising out of or related to the User’s engagement with GameOn or his/her participation in any Contest(s). 

  1. The Users shall access the GameOn Services provided on GameOn voluntarily and at their own risk. In consideration of GameOn allowing the User to access the Services, to the maximum extent permissible under law, the User waives and releases each and every right, claim, cause of action, which the User may have against GameOn, for any loss or damage suffered by the User on account of the use of the services of GameOn.  

  1. GameOn shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the GameOn Services (including participation in the Contest(s) or as a result of acceptance of any prize. 

  1. By entering the contests and accessing the GameOn Services provided therein, Users hereby release from and agrees to indemnify GameOn, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the GameOn Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise. 

  1. To the extent permissible under law, neither GameOn nor any of its partners, affiliates, directors, officers, professional advisors, employees shall be responsible for any harm, loss or consequences (including but not limited to injuries, accidents, or mishaps whether known or not and regardless of whether the same had been of could have been anticipated) resulting from downloading, using or accessing the Services or any aspect thereof (including but not limited to the GameOn servers, Contests, cancellation of Contest(s), prizes etc).  

  1. To the extent permitted under law, neither GameOn nor its directors, employees, partners, associates and licensors shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites and Services, even if GameOn has been advised of the possibility of such damages.  

  1. GameOn disclaims any responsibility for any inaccessibility that is caused by GameOn's maintenance on the servers or the technology that underlies the Services, failures of GameOn’s service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. Where the User pays for access to the Contest, the User will not be entitled to a refund in such cases.  

  1. Any material, information and data accessed, downloaded or otherwise obtained through the Services is done at the User's discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to the User's computer system, computers, devices or loss of data that results from the User's download of any such material.  

  1. Any of the Services, or the Contests being provided therein, or intended to be hosted through the Services which requires specific permission from any Statutory Authority, any State or Central Government, or the Board of Directors, shall be deemed to be null and void, if such permission is either not obtained or denied, either before or after the availability of the relevant Services, events or Contest(s), the User shall not make claims against GameOn in such cases.  

  1. GameOn accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes. 

  1. In consideration of GameOn allowing Users to access the GameOn Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against GameOn, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of GameOn Services or related to the Contests or the prizes of Contest(s). 

 

  1. Disclaimer of Warranties 

  1. GameOn does not provide any warranty as to the content of its Services. GameOn content is distributed on ‘as is, as available’ basis. The User acknowledges that his/ her access to the GameOn Services is voluntary and at his/her risk.  

  1. To the extent permitted under law, neither GameOn nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material. 

  1. Any material accessed, downloaded or otherwise obtained through GameOn is done at the User’s discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User’s computer system or loss of data that results from a User’s download of any such material. 

  1. The GameOn Services contain a combination of services created by GameOn or any of its partners, affiliates, associates, licensor and/or any User of the Service. All rights and liabilities in content related services, including but not limited to games, contests, software, advertisement, written content, photographs, graphics, illustrations, trademarks, etc. are owned and controlled by GameOn, and its partners, affiliates, associates, licensor and/or any User of the Service, to whom such content belongs. 

  1. The Contest(s) described herein above are games of skill, as understood under the applicable laws of India, as the success of the User primarily depends on their superior knowledge of the game of cricket/football, statistics of the game, knowledge of players’ relative form, conditions and/or formats (such as Cup Matches / League Matches), as well as, attention, adroitness and dedication towards contest(s). The Contest(s) also require the User to field well-balanced sides with limited resources and use appropriate performance boosters for appropriate players before matches to gain maximum points. The games provided on GameOn Platform are games of skill, and are therefore, excluded from the purview of the Indian gambling legislations, including the Public Gambling Act, 1876.  

  1. Game on Platform and GameOn Services are not available in the State of Assam, Odisha, Sikkim, Nagaland or Telangana, on account of various State laws in place. 

  1. GameOn shall make all possible endeavors to ensure that its Services are error free and secure. However, GameOn does not make warranty or representation that: 

  1. GameOn Services will meet the User’s requirement; 

  1. GameOn Services will be uninterrupted, timely, secure and/or error free;  

  1. the results that may be obtained from the use of GameOn’s services will be accurate and reliable; and/or 

  1. the quality of any product(s), information, or any other material that the User purchases or obtains through the Service will meet the User’s expectations. 

  1. To the extent permitted under law, GameOn shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, GameOn services or sites, cancellation of competition and prizes. GameOn disclaims any responsibility for, and if a User pays for access to one of GameOn’s Services, the User will not be entitled to a refund as a result of, any inaccessibility that is caused by GameOn’s maintenance on the servers or the technology that underlies our sites, failures of GameOn’s service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.  

  1. In case GameOn discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User’s account, GameOn reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, GameOn agrees to notify the User of the error and of the exercise of the remedy to rectify the same. 

  1. To the extent permitted under law, neither GameOn nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages. 

  1. Any GameOn Services, events or Contest(s) being hosted or provided, or intended to be hosted on GameOn platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant GameOn Services, events or Contest(s) are hosted or provided. To the extent permitted under law, in the event of suspension or closure of any Services, events or Contests, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever. 

 

  1. Miscellaneous 

  1. Interpretation: This section, and the subject headings in these Terms & Conditions of Use, are included for reference only, and shall not be used to interpret any of the provisions of these terms and conditions.  

  1. Entire Agreement: These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference (including but not limited to the Privacy Policy and the Community Guidelines & Policies) constitute the entire agreement between the User(s) and XTRM Enterprises Private Limited, and govern your use of the GameOn, superseding any prior agreements that any User may have with XTRM Enterprises Private Limited. If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force 

  1. Notices: GameOn may be required under certain legislations, to notify User(s) of certain events. User(s) hereby acknowledge and consent that such notices will be effective upon GameOn posting them on the GameOn or delivering them to the User through the email address provided by the User at the time of registration. User(s) may update their email address by logging into their account on the GameOn. If they do not provide GameOn with accurate information, GameOn cannot be held liable for failure to notify the User. 

  1. Force Majeure: GameOn shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond GameOn’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials or any cancellation of any cricket match to which a Contest relates. In such circumstances, GameOn shall also be entitled to cancel any related Contest(s) and to process an appropriate refund for all Participants. 

  1. Non-Waiver: GameOn’s failure to exercise, and /or delay in exercising or enforcing any right or provision of these Terms and Conditions shall not constitute a waiver of such right or the provision, or acceptance of any variation to these terms and conditions.  

  1. Reservation of Rights: No forbearance, indulgence, relaxation or inaction by any Party at any time to require performance of any of the provisions of this Agreement shall in any way affect, diminish or prejudice the right of such Party to require performance of that provision, and any waiver or acquiescence by any Party of any breach of any of the provisions of this Agreement shall not be construed as a waiver or acquiescence of any continuing or succeeding breach of such provisions, a waiver of any right under or arising out of this Agreement or acquiescence to or recognition of rights other than that expressly stipulated in this Agreement.  

  1. Cumulative Rights: All remedies of either Party under this Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively and/or concurrently. 

  1. Severability: If any provision of this Agreement or the application thereof to any Person or circumstance shall be found to invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby.  

  1. Amendments: No modification or amendment of this Agreement and no waiver of any of the terms or conditions thereof shall be valid or binding unless made in writing and duly executed by GameOn, and accepted by the User.  

  1. Assignment: This Agreement and the rights and liabilities hereunder shall bind and inure to the benefit of the respective successors of the Parties hereto, but no Party hereto, shall assign or transfer any of its rights and liabilities hereunder to any other person without the prior written consent of the other Party, which shall not be unreasonably withheld.    

  1. Partnership or Agency: None of the provisions of these terms and conditions shall be deemed to constitute a partnership and/or an agency between GameOn and the User, and the User shall have no authority to bind GameOn inform or manner whatsoever.  

  1. Discretion of GameOn: GameOn reserves the right to moderate, restrict or ban the use of the GameOn, specifically to any User, or generally, in accordance with GameOn’s policies, as may be amended and updated from time to time, at its sole and absolute discretion and without any notice, and may also permanently close or temporarily suspend any GameOn Services (including any Contest(s)). 

  1. Period of Limitation: Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the GameOn or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred. 

  1. Promotions & Offers: GameOn may from time to time conduct/organize promotions/offers on the platform. Any two or more promotions cannot be clubbed together with any other promotions that are running simultaneously on the GameOn platform. Also, promotions/offers cannot be clubbed with Cash Bonus available with any User. 

  1. Public Announcement: The Parties agree that they shall not make or permit or authorize the making of any public announcement, including press statements, or statements on the internet or on any other form of media and/or any disclosure of any nature whatsoever to any person concerning the Terms and Conditions of Use, without the prior written permission of the other Party.   

  1. Relationship: No Party shall have any authority to bind the other Party otherwise than under this Agreement or shall be deemed to be the agent of the other in any way.  

  1. Authorization: The persons signing this Agreement on behalf of the Parties represent and covenant that they have the authority to so sign and execute this document on behalf of the Parties for whom they are signing.  

 

  1. Standard Terms and Conditions of "Invite Friends" program 

 
The GameOn Invite Friends Program lets you invite friends to join GameOn ("Program"). In the event that you and your referred friend meet the criteria and complete all the steps specified in these terms, you and your friend can earn a Cash Bonus from GameOn of upto Rs. 100 ("Bonus Amount"), which Bonus Amount will be redeemable to join cash contests and contests through the GameOn’s mobile application for the iOS and/or Android mobile devices ("GameOn Application"). To participate in the Program, please note our terms and conditions ("Terms") in this respect, as they govern your participation in the Program: 

  • Eligibility – All users who: (i) have an account registered with GameOn's fantasy gaming platform ("Platform") which account has been verified by GameOn; and (ii) are eligible to participate in the pay-to play GameOn fantasy cricket (as per the GameOn'’s terms and conditions, accessible at {{LINK_HERE}}); and (iii) have downloaded and installed the GameOn Application on their respective mobile devices, will be eligible to participate in the Program. Participation in the Program by proxy is not permitted. 

  • Participation in the Program is voluntary. A user shall not register or operate more than one user account with GameOn and shall not participate in the Program with more than one user account with GameOn. 

  • By participating in the Program, you agree to and accept these Terms. 

  • For the purpose of participation in the Program, you are required to have the GameOn Application downloaded and installed on your mobile device. Through the GameOn Application, you will be provided with a unique link or code, which can be shared by you ("“Inviter"”) with friends (each an "“Invitee"”) for the purpose of inviting such friends to create and register an account with GameOn and download the GameOn Application. On receiving the link or code from the Inviter, the Invitee may either: (i) Click on the link, consequent to which such Invitee will be directed to a registration page and will be provided the option to register an account with GameOn and download and install the GameOn Application on his/her device; or (ii) download and install the GameOn Application on his/her device independently, register for a GameOn account through the GameOn Application and enter the unique code shared by the Inviter where prompted in the GameOn Application. 

  • The Inviter and the Invitee will be eligible to earn the Bonus Amount subject to (amongst other terms specified in these Terms): (i) the Invitee not being an existing user of GameOn; and (ii) the Inviter and Invitee being eligible to participate in the pay-to play GameOn fantasy cricket and (iii) the Invitee successfully registering for an account with GameOn through the unique link or by using the unique code shared by the Inviter; and (iv) the Inviter and Invitee agreeing to the license agreement for the GameOn Application and downloading and installing the GameOn Application as available for the Inviter’s and Invitee’s respective mobile devices; and (v) the Inviter and Invitee verifying the Inviter’s and the Invitee’s respective mobile number as provided at the time of registration within thirty (30) days from the date on which Invitee registers for an account with GameOn ("Verification Period"). For the purposes of these Terms, an 'existing user of GameOn' shall mean a user who presently operates an account with the Platform or operated an account with the Platform at any point of time. 

  • An Invitee who is an existing user of GameOn is not permitted to register a new account with the Platform for the purpose of availing of the Bonus Amount. GameOn will determine in its sole discretion whether an Invitee is an existing user of GameOn or not and take appropriate action. 

  • The verification process may require an Inviter/Invitee to submit personal information about the user (Inviter/Invitee) and documents identifying the Inviter/Invitee. The Inviter agrees to receive communication from GameOn and to allow GameOn to communicate with Invitees referred by them about the Inviter's participation in the Program. Any information collected in respect of the Inviter/Invitee as part of the Program or otherwise in the course of such person's use of the Website shall be subject to GameOn's Privacy Policy (available here: {{HyperLink}} for Indian users) 

  • The verification of an Inviter/Invitee shall be completed at the time of first withdrawal by the Inviter/Invitee from the Inviter’s/Invitee's 'Your Winnings' account or 'Your Deposits' account with the Platform. An Inviter/Invitee may voluntarily seek verification of the Inviter/Invitee by clicking on the 'Verify Now' tab of the Account Balance page of the Inviter/Invitee's account with the Platform. In the event that the Invitee opts to register for a GameOn account through the GameOn Application, the Invitee can verify his/her contact information at the time of registration. 

  • The Invitee will be eligible to earn a Bonus of Rs.100 (“Invitee Bonus”) upon a) successful verification of the Invitee’s mobile number. b) Provided that the Invitee completes the step mentioned in a) above within the Verification Period, the applicable Invitee Bonus shall be credited to the Invitee's Cash Bonus Account with the Platform, within fifteen (15) days of completion of successful verification of the Invitee’s mobile number. In the event that the Invitee fails to verify the Invitee's mobile number within the Verification Period or omits to provide documents requested for such verification, the Invitee shall not receive the applicable Invitee Bonus specified above due to the Invitee for completing such verification process. 

  • Inviter Bonus a) In order for an Inviter to be eligible to earn the Bonus Amount due to him/her ("Inviter Bonus"), the Inviter must also download and install the GameOn Application on his/her mobile device verify his/her mobile number and email address prior to the completion of the Verification Period. b) The credit of the Inviter Bonus is contingent on the Invitee's participation in cash contests on the Platform. For every Rs. 1 spent by the Invitee to join cash contests on the Platform, the Inviter will be eligible to earn a bonus amount of Rs. 0.50 subject to a maximum of Rs. 100. As an example, in the event that the invitee uses Rs. 100 from his/her Cash Bonus Account or Unutilized Account to join a cash contest or contest through a GameOn Application, the Inviter shall be eligible to receive Rs. 50 as Inviter Bonus upon the successful completion of such contest or contest, provided that the Inviter has successfully completed the requisite steps detailed in a) above that make him/her eligible to receive such amount. c) Subject to the provisions of a) and b) above, the applicable Inviter Bonus earned by the Inviter shall be credited to the Inviter's Cash Bonus Account within fifteen (15) days of the completion of the cash contest or contest in which Invitee has used the Invitee Bonus or within fifteen (15) days of the Inviter completing the relevant step verification process, as the case may be. In the event that the Inviter fails to complete any of the verification steps within the Verification Period or omits to provide documents requested for such verification, the Inviter shall not be eligible to earn the applicable Inviter Bonus. d) It is clarified that the Inviter will be eligible to receive the Inviter Bonus with respect to any contests or contests only in the event the winners are declared for such contests or contests only. In the event that the contest entry amount paid by the Invitee is refunded to the Invitee with respect to any cash contest or contest, for any reason, the Inviter shall not be eligible to receive any Inviter Bonus for such contest or contest. 

  • The Bonus Amounts credited to the Inviter/Invitee can be used by the Inviter/Invitee to join cash contests and contests offered by GameOn through the Platform. No part of the Bonus Amount may be used to join private contests or be withdrawn or transferred to any other cash balance account held by the Inviter/Invitee with GameOn or to any third party account or to any bank/payment instrument account. THE BONUS AMOUNT SHALL EXPIRE AND BE WITHOUT EFFECT AT THE END OF FOURTEEN DAYS FROM THE DATE OF CREDIT OF THE BONUS AMOUNT. 

  • The deposit of the Bonus Amount shall be at the sole discretion of GameOn and shall be subject to the Inviter’s/Invitee’s compliance with these Terms. GameOn may substitute or change the Bonus Amount offered under the Program at any time without notice. An Inviter/Invitee may not substitute the amount of Bonus Amount or substitute offering for other items or exchange for cash. 

  • GameOn reserves the right to: 

  1. withhold the deposit of the Bonus Amount; and/or 

  1. forfeit any deposited Bonus Amount to an Inviter/Invitee or any prizes/winnings earned by the participant by using such Bonus Amount; and/or 

  1. deactivate the accounts of the Inviter/Invitee, in the event that it determines or reasonably believes that such Inviter/Invitee has violated these Terms or the terms and conditions of the GameOn fantasy games. 

  • Mere participation in the Program does not entitle the Inviter/Invitee to receive any Bonus Amount. 

  • GameOn may, at its sole and absolute discretion, disqualify any Inviter/Invitee if such Inviter/Invitee engages in or it is found that such Inviter/Invitee has engaged in any illegal, unlawful or improper conduct (with regard to the Program or otherwise). 

  • The decision of GameOn will be final and binding with regard to the Program, and the deposit of the Bonus Amount and no correspondence, objection, complaints, etc. will be entertained in this regard. 

  • This Program cannot be clubbed with any other contests/promotions/programs that are running simultaneously and organised or conducted by GameOn. 

  • GameOn reserves the right to change/modify/or withdraw the Program and/or change these terms and conditions without any prior notice of the same at its sole discretion. 

  • The Terms and Conditions, as applicable to the GameOn's fantasy games and services, will apply to and govern the Program. 

  • GameOn does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the participants (Inviter/Invitee) of the Program. 

  • Notwithstanding anything contained herein, the aggregate liability of GameOn to a participating Inviter/Invitee in relation to the Program for any reason whatsoever shall not exceed Rs. 100. 

 

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