01. FANTASY APP
FANTASY APP is the product of Adhoc Softwares Through FANTASY APP, along with its sub-pages, and the FANTASY APP Android Application, FANTASY APP as used herein shall be construed as a collective reference to FANTASY APP, FANTASY APP Platform and the FANTASY APP.
02. Usage of FANTASY APP
The Users from the state of Assam, Andhra Pradesh, Tamil Nadu, Odisha, Telangana, Sikkim and Nagaland are not eligible to use our services, in the above states it is not permitted to play. There may be penalties imposed on such players by the State Government or Central Government of India as the case maybe.
FANTASY APP does not accept registration from residents of Assam, Odisha, Andhra Pradesh, Tamil Nadu, Telangana, Sikkim and Nagaland. If a player staying in Assam, Odisha, Telangana, Sikkim and Nagaland creates an account of the site by giving any false information the liability will be solely of the player. We have the rights to terminate such player(s) account without any prior notice and also reserves right to delete/disable such player(s) deposit and/or winnings as the case might be.
The word ‘Services’ referred hereinafter would relate to all the products/services offered to ‘You’ or ‘Player’ or ‘User’ by Ability and/or its affiliates, subsidiaries, associates and partners hereafter referred as ‘We’ or ‘Us’ or ‘Our’ through the Game of skill. Website www.fantasyapp.in which would be referred hereafter as ‘Website’. ‘The usage of the Website and the Android Application by you will be governed by these Terms of Service which will hereafter refer as ‘Terms and Conditions’.
IT IS MANDATORY THAT THESE TERMS & CONDITIONS SHOULD BE READ BY ‘YOU’ BEFORE USING OUR ‘SERVICES’.
By Your registration in the Android App, it is assumed by ‘Us’ that you have understood all the terms and conditions herein and have accepted the same.
The following Terms and Conditions or any future changes or modifications to these Terms and conditions are not acceptable by you; we recommend ‘You’ may discontinue the use of website and the usage of Android App and any Services offered by it.
FANTASY APP may, at its sole and absolute discretion: Restrict, suspend, or terminate any User’s access to all or any part of FANTASY APP or FANTASY APP Platform Services; Change, suspend, or discontinue all or any part of the FANTASY APP Platform Services; Reject, move, or remove any material that may be submitted by a User; Move or delete any content that is available on FANTASY APP Platform; Deactivate or delete a User’s account and all related information and files on the account; In the event any User breaches, or FANTASY APP believes that such User has violated the Terms and Conditions of FANTASY APP, or has illegally or improperly used FANTASY APP or the FANTASY APP Services and further, take technical and legal steps if required.
If FANTASY APP charges its Users a platform fee in respect of any FANTASY APP Services, FANTASY APP shall, without delay, repay such platform fee in the event of suspension or removal of the User’s account or FANTASY APP Services on account of any negligence or deficiency on the part of FANTASY APP, but not if such suspension or removal is effected due to: any breach or inadequate performance by the User of any of these Terms and Conditions; or any circumstances beyond the reasonable control of FANTASY APP. Users consent to receiving communications such as announcements, administrative messages and advertisements from FANTASY APP or any of its partners, licensors or associates.
03. Intellectual Property
FANTASY APP includes a combination of content created by FANTASY APP, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights (“Intellectual Property Rights”) in all software underlying FANTASY APP and the FANTASY APP Platform and material published on FANTASY APP, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by FANTASY APP, its partners, licensors and/or associates. Users should not modify, publish, transfer or sale of reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on FANTASY APP either in whole or in part without express written license from FANTASY APP. Users may request permission to use any FANTASY APP content by writing in to FANTASY APP. Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on FANTASY APP(“Users’ 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 of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on FANTASY APP. Users agree to indemnify and hold harmless FANTASY APP, 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 infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on FANTASY APP, by such User or through the User’s commissions or omissions. Users hereby grant to FANTASY APP 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: displaying Users’ Content on FANTASY APP distributing Users’ Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or storing Users’ Content in a remote database accessible by end users, for a charge. This license shall application only to the distribution and the storage of Users’ Content in any form, medium, or technology. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on FANTASY APP(s) belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to FANTASY APP.
04. Third Party Sites, Services and Products
FANTASY APP may contain links to other Internet sites owned and operated by third parties on fantasyapp.in. The FANTASY APP authorities do not hold any control or responsibilities for internet sites apart from fantasyapp.in, and thus, it shall not be held responsible for any content posted on any third party Internet site. Further, the involvement of FANTASY APP with any of the third-party content or links to third-party Internet sites is not related to any sort of endorsement by FANTASY APP of such third-party Internet site.
FANTASY APP is neither associated with nor responsible for the correspondence, transactions, and all other related activities between the user and third parties including payment providers and verification service providers on fantasyapp.in. The users’ involvement with third parties is entirely dependent on the terms and conditions, policies and services terms of these third parties and the users are solely responsible for reviewing the policies, terms and conditions, and the service terms of these third parties before transacting or availing any of the services. Accepting the Terms and Conditions of FANTASY APP the users agree that FANTASY APP is not responsible for any sort of damage or loss faced by the users due to any sort of transactions, correspondence and all related activities with any of the third parties. Any questions, complaints, related to any third party product or service should be directed to the corresponding vendor.
FANTASY APP does not hold responsible for the accuracy, integrity or the quality of the content created and posted by any of the third parties and such content may not be relied upon by the Users in terms of using the Fun Features provided by the FANTASY APP platform or taking part in any of the contests hosted on the FANTASY APP platform.
05. User Conduct
Restricting, disabling, or deleting any User’s access to all or any part of FANTASY APP Deactivating or deleting a User’s account By accepting the Terms and Conditions of FANTASY APP, the individual’s using services provided by FANTASY APP agree to provide true, accurate, current and complete information while registration and at other times when asked by FANTASY APP.
A single user is permitted to register and/or operate only one user account with FANTASY APP.
The individuals using the services provided by FANTASY APP provide their consent for receiving all the communications from FANTASY APP by marking e-mails from fantasyapp.in as part of their “safe senders” list. In an event, if any of the emails sent by FANTASY APP remains unread by the user because of being sent to the Spam or Junk folders, FANTASY APP will not hold any responsible.
Any password issued by FANTASY APP to any of the users is confidential and should not be shared by the users with anyone else. The users hold the sole responsibility of maintaining the confidentiality of their accounts and passwords. The users by agreeing to the Terms and Conditions of FANTASY APP to inform FANTASY APP about any unauthorized use of their passwords or accounts or any other breach of security.
The user is solely responsible for the security and confidentiality of his/her payment accounts linked to his/her FANTASY APP account. In case of any misuse of the linked payment accounts of the user, FANTASY APP shall not be held liable; further, such misuse of the linked payment accounts of the user should be reported to FANTASY APP as soon as it comes to the notice of the user.
The users ensure to exit/log-out of their accounts after the completion of each session. In case of any sort of loss or damage faced by the user due to the failure of abiding these rules and regulations, FANTASY APP shall not be held responsible. The individuals using services provided by FANTASY APP should neither conduct nor assist the usage of cheats, exploits, automation, software, bots, hacks or any unauthorized third-party software specifically formulated for modifying or intervening with fantasyapp.in Features and/or FANTASY APP experience.
The individuals using services offered by FANTASY APP platform provides their consent of not copying, modifying the technology and software associated with FANTASY APP and Features. Further, the users accept not to rent, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to anyone of the associated technologies and software.
The Terms and Conditions of FANTASY APP bounds the users to neither modify nor become a cause of modification of any of the files, technology or software associated with FANTASY APP.
The users provide their acceptance to not to disrupting, overburdening, or promoting any kind of disruption or overburdening to:
The servers or computers offering or supporting FANTASY APP services or Fun Features. The enjoyment of fantasyapp.in’s Fun Features by other Users or persons.
The Terms and Conditions of FANTASY APP do not permit the user to attain any sort of unauthorized access to the User accounts, Servers or networks associated to fantasyapp.in’s Fun Features by any means except the user interface provided by FANTASY APP. The user must not indulge in activities like 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 associated with the Fun Features provided by FANTASY APP.
The users provide their acceptance for not using the FANTASY APP platform for any sort of inadequate activities including (but not limited to):
To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication; To harass, stalk, threaten, or otherwise violate any legal rights of other individuals; 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, fantasyapp.in, any software, hardware, or telecommunications equipment; To advertise, offer or sell any goods or services for any commercial purpose on fantasyapp.in without the written permission of FANTASY APP; To transmit content regarding services, products, surveys, contests, spam, unsolicited advertising or promotional materials, or chain letters; The users are bound to accept that they will neither support or conduct any sort of attack including (but not limited to) distribution of a virus, denial of service, or other attempts to interrupt the services provided by FANTASY APP or the use or enjoyment of other FANTASY APP users.
Users shall not attempt to gain unauthorized access to the User accounts, Servers or networks connected to FANTASY APP Services by any means other than the User interface provided by FANTASY APP, 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 FANTASY APP Services. Without limiting the foregoing, Users agree not to use FANTASY APP for any of the following: To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication; To harass, stalk, threaten, or otherwise violate any legal rights of other individuals; To publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content; 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, FANTASY APP, any software, hardware, or telecommunications equipment; To advertise, offer or sell any goods or services for any commercial purpose on FANTASY APP without the express written consent of FANTASY APP; To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; 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; 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; To restrict or inhibit any other user from using and enjoying any public area within our sites; To collect or store personal information about other Users; To interfere with or disrupt FANTASY APP, servers, or networks; To impersonate any person or entity, including, but not limited to, a representative of FANTASY APP, or falsely state or otherwise misrepresent User’s affiliation with a person or entity; To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through FANTASY APP or to manipulate User’s presence on FANTASY APP(s); To take any action that imposes an unreasonably or disproportionately large load on our infrastructure; To engage in any illegal activities. If a User chooses a username in FANTASY APP’s considered opinion is indecent, abusive or that might subject FANTASY APP to public disparagement or scorn, FANTASY APP reserves the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts from FANTASY APP, deny such User access to FANTASY APP, or any combination of these options. Unauthorized access to FANTASY APP is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access FANTASY APP by any means other than through the interface that is provided by FANTASY APP for use in accessing FANTASY APP. 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. Use of FANTASY APP is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit FANTASY APP’s right to comply with governmental, court, and law-enforcement requests or requirements relating to Users’ use of FANTASY APP. Users may reach out to FANTASY APP through – Helpdesk 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. The Users will have to disclose their real age at the time of getting access into the FANTASY APP Platform.
06. Conditions of Participation
In order to register for the Contest(s) in FANTASY APP, Users are requested to provide the accurate information
The “Full Name” and “Date of Birth” mentioned by the user for the purpose of verification should match with the Name and Date of Birth mentioned on all the documents like PAN, Bank Passbook to be uploaded for verification.
The people participating in activities, services or features provided by FANTASY APP are required to provide their approval stating they have carefully read and agreed all the terms and conditions of FANTASY APP.
The users from the resident states of Assam, Odisha, Telangana, Sikkim and Nagaland will not be permitted to sign up for any round in the paid version of the Contest as elaborated below. In case of auditing from FANTASY APP, if a user is found to be a resident of Assam, Odisha, Sikkim, Telangana or Nagaland but not stated at the time of registration then FANTASY APP at its sole and absolute discretion holds the rights to take action against such user including (not limited to) blocking of user account, deletion or deactivation / Disabling of user account, and resetting the user account to initial level by deleting all the logs, refers & reducing the amount present in the user wallet to “zero.”
The participants who are above the age of 18 years and have successfully completed their registration process by entering valid and accurate information in the registration page.
In case of PAN card verification, any scanned image of a photocopy of the users’ PAN card will not be acceptable. For PAN card verification it is mandatory to upload a full image of the original PAN card.
In case, you are uploading an E-PAN card for PAN card verification process then it is mandatory to upload a full scanned image of E-PAN.
08. Contest(s) Participation and Prizes
The contests conducted by FANTASY APP allows the users to participate by formulating their own fantasy team(s) comprising of on-field players involved in the on-field match (as applicable), series or tournament to which the fantasy game relates. The teams of the individual users are rewarded with points on the basis of the performance of on-field players at the end of a designated match, round or tournament of the Contest(s). The user whose team attains the highest aggregate of points will be declared as the winner of the contest. FANTASY APP is authorized to declare more than one Winner and distribute prizes to such Winners in increasing order of their Team’s aggregate score at the end of the designated round(s) of the Contests in the event of various pre-specified contest(s).
FANTASY APP presently offers paid versions of the contests wherein the users can participate by paying a pre-defined amount on the relevant Contest page as a part of contests entry fee. An individual with the highest aggregate of scores at the end of the pre-determined round would be eligible for winning a pre-designated prize, as stated on the relevant Contest(s) page.
An individual is authorized to make different teams for participating in Contest(s) in FANTASY APP platform. However, until and unless FANTASY APP specifies a contest as Multiple Entry contests, the users are bound to submit only one Team to participate in the contest organized by FANTASY APP. In the contest is Multiple Entry then users can enter in the contest with more than one team, but the user will not be allowed to edit or revise the Teams so submitted for participation in such Multiple Entry Contest after the deadline. Further, FANTASY APP is authorized to limit the number of multiple teams allowed in a contest or the number of teams a single user account can create for entering a Multiple Entry Contest.
FANTASY APP is authorized to charge a pre-defined fee for allowing the users to access the Fun Features in relation to the Contest(s). If any user is found to be a resident from the states of Assam, Odisha, Telangana, Sikkim and Nagaland, by FANTASY APP, the user will not be allowed to proceed to sign up for the round or league and may not participate in any paid version of the Contest(s) organized by FANTASY APP.
As part of services, FANTASY APP may make available the contest(s) on the platform. Currently, Fantasy cricket is available in FANTASY APP, Individual users wishing to participate in the contest (“Participants”) are invited to create their own fantasy teams (“Team/s”) consisting of real life cricketers involved in the real-life cricket match (as applicable), series or tournament (each a “Sport Event”) to which the fantasy game relates. FANTASY APP 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. Participants can edit their teams till the official matches start time as declared by the officials of the Sport Event. Teams are awarded points on the basis of the real life cricketers’ performances at the end of a designated match, match or tournament of the Contest(s). The Participant(s) whose Team(s) have achieved the highest aggregate score(s) in the Contest(s) shall be declared winners (“Winners”). In certain pre-specified Contests, there may be more than one Winner and distribution of prizes to such Winners will be in increasing order of their Team’s aggregate score at the end of the designated match(s) of the Contests. The Contest(s) across the FANTASY APP Services shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by: “Fantasy Rules” available at How To Play – Fantasy Cricket Other rules and regulations (including rules and regulation in relation to any payments made to participate in the Contest(s); and all Participants agree to abide by the same. Currently, there are paid versions of the Contest(s) made available on FANTASY APP platform. Users may participate in the Contest(s) by paying the pre-designated amount as provided on the relevant Contest page. The ‘pre-designated amount’ means and includes pre-determined platform fee for accessing FANTASY APP services and pre-determined participant’s contribution towards prize money pool. The Participant with the highest aggregate points at the end of the pre-determined match shall be eligible to win a pre-designated prize which is disbursed out of prize money pool, as stated on the relevant Contest(s) page. A Participant may create different Teams for participation in Contest(s) in relation to a Sport Event across the FANTASY APP Services. However, unless FANTASY APP specifies otherwise in relation to any Contest (“Multiple Entry Contest”), Participants acknowledge and agree that they may enter only one Team in any Contest offered in relation to a Sport Event. In case of Multiple Entry Contest(s), a Participant may enter more than one Team in a single Multiple Entry Contest. In addition, it is expressly clarified that FANTASY APP may, from time to time, restrict the maximum number of Teams that may be created by a single User account (for each format of the contest) or which a single User account may enter in a particular Multiple Entry Contest, in each case to such number as determined by FANTASY APP in its sole discretion. Participant shall pay a pre-designated amount for participating in the contest(s) being created on the FANTASY APP platform. In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Odisha, Sikkim, Nagaland and Telangana, such Participant will not be permitted to proceed to sign up for the match or contest and may not participate in any paid version of the Contest(s).
09. Contest Formats
Currently one formats of contest are made available on FANTASY APP platform (1) Public Contest where Users can participate in a Contest with other Users without any restriction on participation. FANTASY APP may create this format of the Contest(s) as a paid format and the Winner will be determinable at the end of the match as per rule of the contests. The number of Participants required to make the Contest(s) operational will be pre-specified and once the number of Participants in such Contest(s) equals the pre-specified number required for that Contest(s), such Contest(s) shall be operational. In case the number of Participants is less than the pre-specified number at the time of commencement of the match, such Contest(s) will not be operational and the pre-designated amount paid by each Participant shall be returned to the account of such User without any charge or deduction. In certain Contests across the FANTASY APP Services, designated as “Confirmed contests”, the Contest(s) shall become operational even if a single Participant joins a Confirmed Contest. The pre-specified number of winners to be declared in such Contest(s), even if all available Participant slots (as pre-specified in relation to the Contest(s)) remain unfilled. It is clarified that notwithstanding the activation of such Contest(s), Participants can continue to join such Contest(s) till either (i) all available Participant slots of such Contest(s) are filled or (ii) the match to which the Contest (s) relates commences, whichever is earlier. In the event of shortfall in the number of participants joining the Confirmed Contest, yours11 shall continue with such contests and the short fall in the prize pool shall be borne by FANTASY APP.
10. Legality of Game of Skill
Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867. The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill. The Contest (s) described above (across the FANTASY APP Services) are games of skill as success of Participants depends primarily on their superior knowledge of the games of cricket 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. By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
The Contest(s) are open only to persons above the age of 18 years and currently residing in India.
FANTASY APP may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Assam, Odisha, Sikkim, Telangana, and Nagaland may not participate in the paid version of the Contest as the laws of these states bar persons from participating in games of skill where participants are required to pay to enter. In case, amid detailed audits on the end of FANTASY APP any user is found to be a resident of any of the aforementioned states and is found to be hiding it from FANTASY APP at the time of registration then actions mentioned earlier including (but not limited to) block, account reset, account deletion or deactivation shall be initiated. In an event, the state laws of these states change and the residents of these states are allowed to participate in the paid versions of Game of Skills, the users (which were blocked earlier for being a resident of these states) shall be treated as new registrations and in no case, previous winnings shall be considered and any claim of such sort will not be entertained in any case.
Persons who wish to participate must have a valid email address, Mobile Number.
Only those Participants who have successfully registered on the FANTASY APP shall be eligible to participate in the Contest and win prizes.
12. Payment Terms
In respect of any transactions entered into on the FANTASY APP platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms: The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee for access to the FANTASY APP Services charged by FANTASY APP and pre-determined participant’s contribution towards prize money pool. The FANTASY APP reserves the right to charge a Platform Fee, which would be specified and notified by FANTASY APP on the Contest page, being created on FANTASY APP platform, prior to a User’s joining of such Contest. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s account balance. 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, 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 FANTASY APP 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. 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: User’s winnings in any Contest will reflect as credits to the User’s Winnings Account. User’s remitting the amount the designated payment gateway shall be credited to User’s Unutilized Account’. Each time a User participates in any contest on FANTASY APP platform, the pre-designated amount shall be debited in the User’s account. In debiting amounts from the User’s accounts towards the pre-designated amount of such user shall be debited from the User’s Unutilized Account and thereafter, any remaining amount of participation fee shall be debited from the User’s Winning Account. 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 ‘Unutilized’ Account and will be available for use in participation in any match(s) or Contest(s) or for withdrawal in accordance with these Terms and Conditions. Debits from the ‘Unutilized’ Account for the purpose of enabling a user’s participation in a Contest shall be made in order of the date of credit of amounts in the ‘Unutilized’ Account, and accordingly amounts credited into ‘Unutilized’ Account earlier in time shall be debited first. A User shall be permitted to withdraw any amounts credited into such User’s ‘Unutilized’ Account for any reason whatsoever by contacting FANTASY APP Customer Support. All amounts credited into a User’s ‘Unutilized’ Account must be utilized within 335 days of credit. In case any unutilized amount lies in the ‘Unutilized’ Account after the completion of 335 days from the date of credit of such amount, FANTASY APP reserves the right to forfeit such unutilized amount, without liability or obligation to pay any compensation to the User. Withdrawal of any amount standing to the User’s credit in the Winnings Account may be made by way of a request to FANTASY APP but shall occur automatically upon completion of 335 days from the date of credit of such amount in the User’s Winnings Account. In either case, FANTASY APP shall affect an online transfer to the User’s bank account on record with FANTASY APP within a commercially reasonable period of time. Such transfer will reflect as a debit to the User’s Winnings Account. FANTASY APP shall not charge any processing fee for the online transfer of such amount from the Winnings Account to the User’s bank account on record with FANTASY APP. Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address in order for FANTASY APP to process the withdrawal request. The name mentioned on the User’s photo identification document should correspond with the name provided by the User at the time of registration on FANTASY APP, as well as the name and address existing in the records of the User’s bank account as provided to FANTASY APP. In the event that no bank account has been registered by the User against such User’s account with FANTASY APP, or the User has not verified his/her User account with FANTASY APP, to FANTASY APP’s satisfaction and in accordance with these Terms and Conditions, FANTASY APP shall provide such User with a notification to the User’s email address as on record with FANTASY APP at least 30 days prior to the Auto Transfer Date, and 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, FANTASY APP shall be entitled to forfeit any amounts subject to transfer on the Auto Transfer Date. The issue of any points to the user is subject to the sole discretion of FANTASY APP and cannot be demanded by any User as a matter of right. The issue of any such amount by FANTASY APP on any day shall not entitle the user to demand the issuance of such amount at any subsequent period in time nor create an expectation of recurring issue of such amount by FANTASY APP to such User. The bonus points/Cash Bonus granted to the user may be used by such User for the purpose of setting off against the contribution to prize pool in any Contest, in accordance with these Terms and Conditions. The bonus points 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 that as part of the winnings of a User in any Contest(s). In case the User terminates his/her account with FANTASY APP or such account if terminated by FANTASY APP, all bonus points granted to the user shall return to FANTASY APP and the User shall not have any right or interest on such points The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that FANTASY APP has on third parties; any transactions on FANTASY APP Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User’s ‘Unutilized’ Account or Winnings Account may take up to 24 hours to reflect in the User’s ‘Unutilized’ Account or Winnings Account balance. Similarly, the utilization of the bonus points or money debited from ‘Unutilized’ Account or Winnings Account may take up to 24 hours to reflect in the User’s ‘Unutilized’ Account or Winnings Account balance. Users agree not to raise any complaint or claim against FANTASY APP in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting of transaction amount into any of the User’s accounts A transaction, once confirmed, is final and no cancellation is permissible. FANTASY APP may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. 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 and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.
13. Tabulation of fantasy points
FANTASY APP may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s). In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, etc., as a result of inaccuracies in or incompleteness of the feed provided by the third-party service provider comes to its attention, FANTASY APP shall use best efforts to rectify such error prior to the distribution of prizes. However, FANTASY APP hereby clarifies that it relies on the accuracy and completeness of such third party score/statistic feeds and does not itself warrant or make any representations concerning the accuracy thereof and, in any event, shall take no responsibility for inaccuracies in computation and tabulation of fantasy points or the selection of winners as a result of any inaccurate or incomplete scores/statistics received from such third party service provider. Users and Participants agree not to make any claim or raise any complaint against FANTASY APP in this respect.
14. Selection and Verification of Winners and Conditions relating to the Prizes Selection of Winners
Winners will be decided on the basis of the scores of the Teams in a designated match (which may last anywhere between one day and an entire tournament) of the Contest(s). The Participant(s) owning the Team(s) with the highest aggregate score in a particular match shall be declared the Winner(s). In certain pre-specified Contests, FANTASY APP may declare more than one Winner and distribute prizes to such Winners in increasing order of their Team’s aggregate score at the end of the designated match of the Contest. The contemplated number of Winners and the prize due to each Winner in such Contest shall be as specified on the Contest page prior to the commencement of the Contest. Participants creating Teams on behalf of any other Participant or person shall be disqualified. In the event of a tie, the winning Participants shall be declared Winners and the prize shall be equally divided among such Participants. FANTASY APP shall not be liable to pay any prize if it is discovered that the Winner(s) have not abided by these Terms and Conditions, and other rules and regulations in relation to the use of the FANTASY APP, Contest, “Fantasy Rules”, etc. Contacting Winners shall be contacted by FANTASY APP or the third party conducting the Contest on the e-mail address provided at the time of registration.
The verification process and the documents required for the collection of prize shall be detailed to the Winners at this stage. As a general practice, winners will be required to provide following documents: Photocopy of the User’s PAN card; Photocopy of a government-issued residence proof; User’s bank account details and proof of the same. FANTASY APP shall not permit a Winner to withdraw his/her prize(s) accumulated winnings unless the above-mentioned documents have been received and verified within the time-period stipulated by FANTASY APP. The User represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate. Participants are required to provide proper and complete details at the time of registration. FANTASY APP shall not be responsible for communications errors, commissions or omissions including those of the Participants due to which the results may not be communicated to the Winner.
The winners will also be intimated by e-mail. In the event that a Participant has been declared a Winner on the abovementioned web-page but has not received any communication from FANTASY APP, such Participant may contact FANTASY APP within the time specified on the webpage. Verification process only those Winners who successfully complete the verification process and provide the required documents within the time limit specified by FANTASY APP shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). FANTASY APP shall not entertain any claims or requests for extension of time for submission of documents. FANTASY APP shall scrutinize all documents submitted and may, at its sole and absolute discretion, disqualify any Winner from withdrawing his accumulated winnings.
Determination by FANTASY APP that any document or information submitted by the Participant is incorrect, misleading, false, fabricated, incomplete or illegible; or Participant does not fulfill the Eligibility Criteria specified in Clause 10 above; or any other match. Taxes Payable All prizes shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961. As of April 1, 2018, the TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- is 31.2% of the total prize money amount. In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by FANTASY APP in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money. Miscellaneous the decision of FANTASY APP with respect to the awarding of prizes shall be final, binding and non-contestable. Participants playing the paid formats of the Contest(s) confirm that they are not residents of any of the following Indian states – Assam, Odisha, Sikkim, Nagaland or Telangana. If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the abovementioned states, FANTASY APP shall disqualify such Participant and forfeit any prize won by such Participant. Further FANTASY APP may, at its sole and absolute discretion, suspend or terminate such Participant’s account with FANTASY APP. Any amount remaining unused in the User’s Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User’s bank account on record with FANTASY APP, subject to the processing fee (if any) applicable on such transfers as set out herein. If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), FANTASY APP shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, FANTASY APP may, at its sole and absolute discretion, suspend or terminate such Participant’s account. To the extent permitted by law, FANTASY APP makes no representations or warranties as to the quality; suitability or merchantability of any prizes and shall not be liable in respect of the same. FANTASY APP may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against FANTASY APP or question its right to modify such prizes being offered, prior to closure of the Contest. FANTASY APP will not bear any responsibility for the transportation or packaging of prizes to the respective winners. FANTASY APP shall not be held liable for any loss or damage caused to any prizes at the time of such transportation. The Winners shall bear the shipping, courier or any other delivery cost in respect of the prizes. The Winners shall bear all transaction charges levied for delivery of cash prizes. 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.
Acceptance of a prize by the Winner constitutes permission for FANTASY APP, and its affiliates to use the Winner’s name, likeness, voice and comments for advertising and promotional purposes in any media for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever. The Winners further undertake that they will be available for promotional purposes as planned and desired by FANTASY APP without any charge. The exact dates remain the sole discretion of FANTASY APP.
16. General Conditions
If it comes to the notice of FANTASY APP that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of FANTASY APP that conduct of any such Contest(s) is prohibited, then FANTASY APP 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. Employees, directors, affiliates, relatives and family members of FANTASY APP, will not be eligible to participate in any Contest(s).
17. Dispute and Dispute Resolution
The courts of competent jurisdiction at Bangalore shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the FANTASY APP Services provided by FANTASY APP(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 FANTASY APP, 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 the Republic of India. In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification (“Notification”) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. 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. The place of arbitration shall be Bangalore, 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. The arbitration award will 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. The arbitrator shall give a reasoned award. Nothing contained in these Terms and Conditions shall prevent FANTASY APP from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard FANTASY APP’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 FANTASY APP to pursue any remedy for monetary damages through the arbitration described herein.
18. CONTACTING WINNERS
FANTASY APP or any other third party organizing Contest(s) as a part of Fun Features provided by FANTASY APP shall contact the winners of the contest(s) through email, mobile or both provided by the user at the time of registration. FANTASY APP shall detail the users about the documents required for the collection of the prize at this stage. As a general practice, winners will be required to provide the following documents:
An individual shall not be allowed by FANTASY APP to withdraw his/her prize without the submission and verification of the above mentioned documents within the time-period defined by FANTASY APP. By accepting these Terms and Conditions, the users ensure that the documents provided at the time of verification are the true copies of the original documents.
The users are bound to provide adequate and complete details at the time of registration. FANTASY APP shall not be held responsible for any sort of communication, commissions or omissions that might lead to a situation wherein the results may not be communicated to the Winner.
FANTASY APP shall publish the list of the participants on a separate web-page on fantasyapp.in (If required) alongside separately informing the winners through e-mail. If ever happens that a winner’s name has been displayed on the separate webpage, but he/she has not received any communication e-mail from FANTASY APP, then the participant should contact FANTASY APP within the time specified on the webpage.
19. VERIFICATION PROCESS
FANTASY APP is authorized only to permit the participants who have successfully completed the verification process by providing the required documents within the time limit specified by FANTASY APP to withdraw/receive their accumulated winnings (or any part thereof). Any request for extending the time-limit for verification and document submission shall not be accepted by FANTASY APP.
FANTASY APP is authorized to disqualify any winner from withdrawing their accumulated winnings post scrutinizing all documents (or any part thereof) on the following grounds:
FANTASY APP identifies that any of the document or information provided by the user at the time of verification is inadequate, incorrect, misleading, false, fabricated, incomplete or illegible.
20. Release and Limitations of Liability
Users shall access the FANTASY APP Services provided on FANTASY APP voluntarily and at their own risk. FANTASY APP 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 FANTASY APP Services (including participation in the Contest(s)) or as a result of acceptance of any prize. By entering the contests and accessing the FANTASY APP Services provided therein, Users hereby release from and agree to indemnify FANTASY APP, 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 FANTASY APP 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. FANTASY APP 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. Users shall be solely responsible for any consequences which may arise due to their access of FANTASY APP Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to FANTASY APP Services, including provision of incorrect address or other personal details. Users also undertake to indemnify FANTASY APP 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 FANTASY APP on account of such act on the part of the Users. Users shall indemnify, defend, and hold FANTASY APP harmless from any third party/entity/organization claims arising from or related to such User’s engagement with the FANTASY APP or participation in any Contest. In no event shall FANTASY APP be liable to any User for acts or omissions arising out of or related to User’s engagement with the FANTASY APP or his/her participation in any Contest(s). In consideration of FANTASY APP allowing Users to access the FANTASY APP 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 FANTASY APP, 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 FANTASY APP Services or related to the Contests or the prizes of the Contests.
To the extent permitted under law, neither FANTASY APP 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. To the extent permitted under law, FANTASY APP shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, FANTASY APP services or sites, cancellation of competition and prizes. FANTASY APP disclaims any responsibility for, and if a User pays for access to one of FANTASY APP’s Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by FANTASY APP’s maintenance on the servers or the technology that underlies our sites, failures of FANTASY APP’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. In addition, FANTASY APP does not provide any warranty as to the content on the FANTASY APP(s). FANTASY APP(s) content is distributed on an “as is, as available” basis. Any material accessed, downloaded or otherwise obtained through FANTASY APP 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. FANTASY APP shall make best endeavors to ensure that the FANTASY APP(s) is error-free and secure, however, neither FANTASY APP nor any of its partners, licensors or associates makes any warranty that: the FANTASY APP(s) will meet Users’ requirements, FANTASY APP(s) will be uninterrupted, timely, secure, or error free the results that may be obtained from the use of FANTASY APP(s) will be accurate or reliable; and the quality of any products, FANTASY APP Services, information, or other material that Users purchase or obtain through fantasyapp.in(s) will meet Users’ expectations. In case FANTASY APP discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User’s account, FANTASY APP 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, FANTASY APP agrees to notify the User of the error and of the exercise of the remedy to rectify the same. To the extent permitted under law, neither FANTASY APP 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. Any FANTASY APP Services, events or Contest(s) being hosted or provided, or intended to be hosted on FANTASY APP 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 FANTASY APP 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.
FANTASY APP often organizes Contest(s) in Free League formats for the practice. For practice match there will not be any charge. FANTASY APP holds all the rights to disqualify a participant at its sole and absolute discretion, in an event wherein an individual below the age of 18 years is identified playing the free league or paid formats of the Contest(s) organized by FANTASY APP . In addition to this, FANTASY APP can suspend or terminate the accounts of such participants. FANTASY APP is authorized to modify or change contest sizes for the free league entry. FANTASY APP shall not be held responsible or liable for any sort of damage. There will not be any cash prices for the free league conducted by FANTASY APP.
FANTASY APP 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 FANTASY APP posting them on the FANTASY APP 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 FANTASY APP. If they do not provide FANTASY APP with accurate information, FANTASY APP cannot be held liable for failure to notify the User. FANTASY APP 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 FANTASY APP’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, FANTASY APP shall also be entitled to cancel any related Contest(s) and to process an appropriate refund for all Participants. FANTASY APP’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. 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 FANTASY APP or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred. These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and FANTASY APP Fantasy Sports Private Limited and govern your use of the FANTASY APP, superseding any prior agreements that any User may have with FANTASY APP Fantasy Sports 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. FANTASY APP reserves the right to moderate, restrict or ban the use of the FANTASY APP, specifically to any User, or generally, in accordance with FANTASY APP’s policy from time to time, at its sole and absolute discretion and without any notices. FANTASY APP may, at its sole and absolute discretion, permanently close or temporarily suspend any FANTASY APP Services (including any Contest(s)).
Any amount added to the FANTASY APP account of user can’t be refunded back to the user in any case, and the amount can be used to join the leagues, fun features and Contest(s) organized by FANTASY APP.
The individuals using the services provided by FANTASY APP are not permitted to cancel any transaction which has been once confirmed. FANTASY APP has the right to refund the transaction amount to the user in the abovementioned case at its sole and absolute discretion post deducting applicable cancellation charges and taxes. The refund is only applicable to the amount used to join any league and shall be refunded to the FANTASY APP wallet source, as deducted.
25. TERMS AND CONDITIONS OF PROMOTIONS
The users can use the Bonus Amount (if any) deposited in their accounts as a part of FANTASY APP promotional offers to join various cash contests. However, the Bonus Amount (if any) present in the accounts of the users cannot be withdrawn or transferred to any other cash balance section of wallet held by the user with FANTASY APP or to any third party account or to any bank/payment instrument account.
In an event wherein FANTASY APP identifies or believes that a user participating in the Promotion has violated the Standard Terms, Promotion Terms or the terms and conditions of the FANTASY APP fantasy game(s), FANTASY APP is authorized to withhold or forfeit the benefits of a Promotion (including a free-entry or Bonus Amount due to a participant or any prizes/winnings earned by the participant by using such benefits).
FANTASY APP provides you an opportunity to compete with your friends by referring them for joining FANTASY APP through the Refer and Earn Program of FANTASY APP . The refer and earn program of FANTASY APP enables you to Refer friends alongside offering you and your referred friends a Cash Bonus of up to Rs.100 in an event wherein you and your referred friend meet the criteria and complete all the steps specified in these terms. The Cash Bonus earned by you and your referred friend will be redeemable to join cash contests and contests through the FANTASY APP’s mobile application for Android mobile devices. The following Terms and Conditions are defined by FANTASY APP for participating in the Refer & Earn. These Terms and Conditions should be followed by the users as they govern the user’s participation in the Program.
The users have an account registered and a verified gaming account with FANTASY APP; User should download and install the Application on their respective mobile devices, are considered as eligible for participating in the Program. FANTASY APP neither encourages nor permits participation in the program through a proxy.
FANTASY APP does not permit any user to register or operate more than one gaming account with FANTASY APP. The participation in the Program is voluntary, and no user is allowed to participate in the Program with more than one user account.
The users post downloading and installing the mobile application on their mobile devices will be provided with a unique link or code, which the user can distribute among his/her friends inviting them to join FANTASY APP by creating and registering an account with FANTASY APP, and downloading and installing the mobile application of FANTASY APP on their mobile devices. The referred friend (Referent) of the user (Referrer) already registered with FANTASY APP, can use the received link or code by either: (i) Clicking on the link, following which the Referent would be landed on to the registration page of FANTASY APP wherein he can create and register an account with FANTASY APP, and download and install the mobile application on his/her device; or (ii) the Referent can directly download and install the FANTASY APP’s mobile application on his/her device, create and register an account with FANTASY APP, and enter the unique code shared by the Referrer.
The Cash Bonus provided to the Referent and the Referrer under the Refer & Earn program of FANTASY APP can only be earned by the user and its referred friend in an event they abide by other terms specified in these Terms, including: (i) The referred friend of the user should not be already registered with FANTASY APP, (ii) both the user and its referred friend are eligible for participating in the pay-to-play cricket contest organized by FANTASY APP in alignment to the Terms and Conditions defined by FANTASY APP, (iii) the referred friend of the user should successfully create, register and verify an account with FANTASY APP using the unique link or code provided by the Referrer; and (iv) the user and his/her referred friend should agree to the license agreement of FANTASY APP’s mobile app, and should download and install the FANTASY APP’s mobile application in accordance to their mobile device platforms. The already registered users of FANTASY APP as defined in these Terms and Conditions refers to an individual who presently operates or holds an account registered with FANTASY APP or a user who operated or had an account with FANTASY APP at some point of time.
FANTASY APP neither permits nor encourages an already registered user of FANTASY APP to register a new account under a new name in order to earn Cash Bonus. FANTASY APP is authorized to take adequate actions if a user registering with the Platform is identified to be an existing user of FANTASY APP.
Any user won’t be allowed to make any withdrawals from his gaming account registered with FANTASY APP until the completion of the verification process of a Referrer/Referent. An already registered user with FANTASY APP or his/her referred friend is permitted to seek voluntary verification by clicking on the ‘Verify’ tab. However, the Referent can also verify his/her personal and contact information at the time of registration of an account with FANTASY APP through the FANTASY APP’s mobile application.
The Cash Bonus earned by the referred friend of already registered user with FANTASY APP is subjected to various Terms and Conditions, and the bonus amount earned will be provided to the Referent on the successful completion of the verification process which includes email verification, mobile verification, and PAN card verification.
User will get the Referral bonus only when his/her Referred friend has successfully verified his Email, Mobile number & PAN Card
FANTASY APP reserves the right to:
Hold the deposit of the Bonus Amount; and/or any deposited Bonus Amount to a Referrer/Referent or any winnings earned by the participant by using such Bonus Amount; and/or suspend or deactivate the gaming accounts of the user already registered with FANTASY APP or his/her referred friend in an event FANTASY APP identifies or believes the user to be breaching the Terms and Conditions defined by FANTASY APP.
FANTASY APP at its sole & absolute discretion holds the right to cancel the referral amount for both referrer & referent or block both the referrer& referent Account in case of fake referral. The users by accepting the general Terms & Conditions and the Refer & Earn T&C of FANTASY APP provide their consent to such cancellations.
In order to create, register and operate an account with FANTASY APP, the users need to verify personal and contact information including (i) Mobile Number, (ii) E-Mail Address, (iii) Pan Card Details; and (iv) Bank Account Details such as, Name, Bank Name, DOB, Branch, IFSC Code, State.
The images provided by the individuals using the services and Fun Features provided by FANTASY APP be scanned copies of the original documents. Further the image size of the scanned copies of original documents provided by the users for account verification.
By accepting these Terms and Conditions, the users provide their consent to provide adequate and accurate information at the time of verification. FANTASY APP reserves all the rights to reject the verification application of a user in an event wherein the PAN card details and Account details of the user does not match with each other.
The users using the services provided by FANTASY APP should provide the documents demanded by FANTASY APP, none of the document alternatives would be accepted for the verification process. Further, the PAN card of a user creating and registering an account with FANTASY APP born before the year 1968 will not be accepted. In an event wherein the user creating and registering an account with FANTASY APP is born before the year 1968, the user will be required to provide a verification proof wherein the user should email an image holding his/her PAN card near his/her face firstname.lastname@example.org
The verification process of FANTASY APP needs 3-5 Working days for completion. In this regard, all the verification requests can take a time of up to 3-5 working days for completion. The users will be updated by FANTASY APP regarding the completion of the verification process.
Any change in the information provided by the user while registration or after should only be entertained if received in writing with a valid document of change. Users are bound to provide the change in their information to FANTASY APP for updating their records in the system. If the user fails to provide the same, the user shall be held solely responsible for failure in receiving communication updates from FANTASY APP.
27. PAN CARD AND BANK ACCOUNT
A pan card once uploaded by the user and verified from our end can be deleted anytime if found or suspected to be a forged document.
In case the documents are found or believed to be fake, the user account can be blocked under “fair play violation”.
In case a user is found to be a resident of Assam, Odisha, Sikkim, Telangana or Nagaland after the pan card verification, his/her pan card can be deleted anytime even after the verification.
A bank account once uploaded by the user and verified from our end can be deleted anytime if found or suspected to be a forged document.
In case the documents are found or believed to be fake, the user account can be blocked under “fair play violation”.
The withdrawals can be withheld if the uploaded documents are found or believed to be fake after the bank account verification.
In case a user is found to be a resident of Assam, Sikkim, Odisha, Telangana or Nagaland after the bank account verification, his/her bank account can be deleted anytime even after the verification.
It is mandatory that the bank account number on the verification image should match exactly with the account number entered in details. The “0’s” mandatory to be mentioned in the details.
FANTASY APP will not accept any screen shot images of the Bank Passbook. User needs to upload image of the Bank Passbook, Cheque book or Bank Statement which shows your Name, IFSC Code & Account Number. Any Failing in these details will lead to Rejection.
The winnings, cash bonuses and prizes are subjected to various taxes. In an event, the winning amount of a user crosses the mark of ₹10,000; a 31.20% taxation charge will be imposed on the winning of the user.
The withdrawal request of a user is processed within 3-4 working days (herein the working hours refers to bank’s working hours) excluding the date the request is made. In case, your withdrawal request is not processed within 3-4 days after the date the request is made; please check your registered email address provided by you at the time of registration for any communications from FANTASY APP. In an event, any FANTASY APP user is found to be violating the Fair Play Terms, or in general Terms & Conditions of the website then FANTASY APP at its sole and absolute discretion hold all the rights to take strict measures against the users including (but not limited to): In an event a user is found having more than 9 referred friends whose mobile number, email address or PAN card details are not verified, then the withdrawals requests of the user can be put on hold, or his/her user account can be blocked permanently.
In an event, a user is found to have more than 9 friends whose details (mobile number, email address or PAN card details) are unverified and the user is asked to get the details (mobile number, email address, PAN card and Bank account details) of their referred friends verified by the executives of FANTASY APP, then the withdrawal request put on hold shall not be refunded to the FANTASY APP wallet of the user & shall continue to be on hold.
In an event a user is found to be having more than single id registered on FANTASY APP or multiple ids registered under the same name then the withdrawal request of such users can either be put on hold, or their user accounts can be blocked refraining them from playing further on FANTASY APP.
Any user is found to be violating the Fair Play Terms of FANTASY APP will be either blocked from playing further on FANTASY APP or his/her withdrawal requests will be put on hold for violating the Fair Play terms.
The withdrawals of users found to be creating a fake refer chain by creating multiple ids under the same name to earn the Refer & Earn bonus will be blocked from using FANTASY APP services or Fun Features provided by the platform alongside putting their withdrawal requests on hold.
In an event, any user is identified to be a resident of Assam, Odisha, Sikkim, Telangana or Nagaland in the FANTASY APP audits and had hidden this fact while registering at the platform will be blocked, and his/her withdrawal requests will be put on hold.
FANTASY APP could put the withdrawal requests of users violating the Fair Play terms of FANTASY APP or can block the user account at any stage amid its audits, no matter if the withdrawal requests of the user had been accepted previously.
In case the withdrawal request of a user is kept on hold, and FANTASY APP at its sole & absolute discretion decides to process the withdrawal request of that user after he/she agrees to abide by the Fair Play Terms of FANTASY APP then such withdrawals shall take 5-7 working days to process.
In case, we suspect any account to be violating our fair play or verification terms already stated in the Terms & Conditions of FANTASY APP; we hold all the rights to verify the user at any time. FANTASY APP holds all the rights to video call any user at any point of time to validate & verify his/her identity. If the video call done as a part of the verification process is found to be negative, then the user account shall be blocked & his withdrawal shall be put on hold. FANTASY APP is free by all means to verify & validate the identity of a user at any point of time as per its will/wish.
In case, a user is using a single device for creating multiple accounts on FANTASY APP, it should be ensured by the user that all the mandatory verification formalities including mobile, email, PAN card & Bank Account details verification has been done by the user for all the accounts created.
The minimum Withdrawal of winning cash amount is Rs 200.
FANTASY APP has the rights to deduct the payment gateway charges from the Winning amount from the users, when a User is making a withdrawal request the payment gateway charges will automatically applied to the winning amount.
30. OFFER’S TERMS & CONDITIONS
The FANTASY APP platform, from time to time, announces various “OFFERS” on its platform with a limited validity period. The users availing the Offers announced on the FANTASY APP platform are required to abide by certain Terms & Conditions of the Offers. The Terms & Conditions for Offers announced on FANTASY APP platform comprises of:
The Offers provided on the FANTASY APP platform can only be availed by the registered users of FANTASY APP. A person who is not registered with FANTASY APP platform is not authorized to take benefit of the Offers announced on FANTASY APP.
The users should abide by the fair Play Terms of FANTASY APP while availing the Offers provided on FANTASY APP viz the users should not use any fake accounts in order to avail the benefits of the Offers provided on FANTASY APP.
The Offers provided on FANTASY APP are all one-time offers and can only be availed once by a single user.
In case there are multiple Offers in a single offer, then a single user can avail all of the multiple offers provided in a single offer for once. For Instance, in a single cash bonus offer, there are multiple cash bonuses on adding different amounts, then the user is authorized to add all of the defined amounts and avail respective cash bonuses for once.
The Offers provided on FANTASY APP come with a limited validity period which can only be decided by FANTASY APP at its sole discretion.
The Offer should only be availed within the defined validity period in order to avail the benefits. In case a user, by mistake or due to personal negligence tries to avail the offer after it has expired then the user will not be entitled to any Offer benefits.
The users on the instance of receiving any Cash Bonus amount as a part of Offer benefit can use the Cash Bonus amount for joining various cash contests organized on the FANTASY APP platform. However, the users cannot use the Cash Bonus amount for (1) for withdrawals, and; (2) transferring to any other FANTASY APP account held by the user.
The users can use the Cash Bonus amount provided as a part of Offer benefits only to join in the different contest, Each contest will have a different bonus cash usage percentage. The Bonus cash usage for the contest is decided by FANTASY APP at its sole discretion.
The Cash Bonus offered under Offers of FANTASY APP is different from Refer & Signup bonus.
The validity of Cash Bonus received under any offer shall be usable for 14 days including the day of credit w.e.f 28 November 2019.
FANTASY APP shall only be responsible for offers made available on FANTASY APP and shall not be held liable for any offers made available by any third-party sources which may or may not be associated with FANTASY APP.
31. FAIR PLAY VIOLATION
FANTASY APP considers Fair Play to be a priority at its platform and any user violating the Fair Play Terms of FANTASY APP shall be entitled to bear various consequences including Blocking of the user Account.
The people you are referring should all be genuine accounts and the user should not use any fake accounts to gain the “Refer & Earn” cash bonus amount.
Withdrawing money by using any unlawful or illegal means or trying to withdraw money by illegal manners is considered as Fair Play violation at FANTASY APP.
If a user is found submitting fake copies or someone else’s documents while registering with FANTASY APP, the act will be considered as violating the Fair Play Terms of FANTASY APP.
In case a user is found to be creating and using multiple accounts on a single device amid regular platform audits, then, the case shall be considered to violate Fair Play Terms of FANTASY APP and shall attract needed actions. As part of the action, the withdrawal request of the user shall be put on hold.