PLEASE READ THESE TERMS & CONDITIONS (“TERMS”) CAREFULLY. THESE TERMS AND CONDITIONS OUTLINE THE RULES AND REGULATIONS DEFINED FOR THE USER OF GAMEPLAN11’S PORTAL AND/OR MOBILE APPLICATION.
By accessing GamePlan11, including online fantasy games (referring to cricket, football, basket ball, hockey and kabaddi fantasy games), GamePlan11 portal, mobile app and related services (“Service”), we assume you accept these terms and conditions. Do not use GamePlan11’s portal and/or mobile application, and any other services if you do not agree to take all of these terms and conditions stated on this page.
The following terminologies applies to this agreement (“Terms & Conditions”): “User”, “You” and “Yours” refers to you, the person log on to GamePlan11’s portal and compliant to the said terms of usage. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to GamePlan11 Fantasy Sports India Private Limited (“GamePlan11”).
2. Usage of GamePlan11
- GamePlan11 authorities are designated to take any amendments in these “Terms & Conditions”, rules, regulations, and any other conditions at any moment without taking any consent from the users. Such amendments can be available directly on the “Terms & Conditions” page with the last date of update. Every individual (“Users” or “You”) will be notified via email about such changes from GamePlan11 authorities. In the event a user is not declaring his/her agreement upon such amendments in Terms & Conditions, rules, and regulations within a defined timeline, it is understood that the user has read and accepted the modifications in these terms and conditions, rules, and regulations. In the event, if the user shows his/her dissent in the amendments made in Terms & Conditions, rules, and regulations, GamePlan11 reserves right to restrict such users by accessing the GamePlan11 offerings.
- GamePlan11 may, at its sole and absolute discretion:
- Can modify, suspend, or terminate all or any part of GamePlan11’s offerings for the user;
- Take any amendments or a decision to discontinue any or all of the amusement facilities offered;
- Deactivate or delete a User’s account and all related information and files on the account;
- Shifting, deleting or rejecting any information or contents provided by the users or GamePlan11 at any point of time;
- Imposing best practices and restrictions time-by-time to regulate the use of GamePlan11 portal and/or mobile app.
- Modifying the roaster of any contest considering the available players for selection.
- Assign its rights and liabilities to all User accounts hereunder to any entity (post intimation of such assignment shall be sent to all Users to their registered email ids)
- The users are entitled to get their fees refunded by GamePlan11 in the event when any or all of the services offered by GamePlan11 may fall under any deficiency or delay in execution. The said user will be considered ineligible for such repayments in the event when user is using the GamePlan11 services inappropriately or breaking the terms and conditions outlined, or any other circumstances that are out of control of GamePlan11 team.
- By accepting the Terms & Conditions, it is understood that the users’ are not having issues or concerns in receiving communication from GamePlan11 and/or from their partners or affiliates regarding their promotions, announcements, and administrative messages.
3. Intellectual Property
- GamePlan11 includes a combination of content created by GamePlan11, its partners, affiliates, licensors, associates and/or Users. Any content or information, 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 GamePlan11, its partners, licensors and/or associates. Users are not allowed to take any amendments or get involved in sharing, distributing or any ways of exploiting the GamePlan11 portal and/or mobile application details without taking permission in written from us.
- The users can ask permission for modifying, publishing, transmitting, participating in the transfer of, reproducing, creating derivative works of, or publicly displaying any of the materials or content published on GamePlan11 portal and/or mobile app by writing to firstname.lastname@example.org.
- Any type of content or information or material being posted, uploaded, transmitted, emailed, or otherwise made available on GamePlan11 portal and/or mobile application by the users (referring “You”, “Contestant”, or “Participants”) will be fall under legal liabilities borrowed by them only. Further, it is understood that each and every individual undertake the liability that whatever information shared, published or transmitted with GamePlan11 is owned by the users only and is not violating any copyright laws. The users warrant not using any proprietary or intellectual properties, including the names, logos, marks, labels, trademarks, or copyrights, of any third party on GamePlan11. In the event of any third party claims for violating the intellectual property rights, the users are bound to fulfill or compensate GamePlan11, including its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees.
- The user(s) of GamePlan11 by accepting the terms and conditions allows GamePlan11 and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to utilize the information/content shared on GamePlan11 portal and/or mobile application to display, or to share/transfer/distribute the contents to other users in a need of download or to acquire it, or storing the information in a database located remotely, or distributing users’ content in any form.
- It is understood that all the names, logos, labels, trademarks, or copyright information available on GamePlan11 portal and/or mobile application are owned by the individuals (including “Users”), or third parties associated with us. Any legality or discrepancy reported against such entities must be settled or addressed directly by the respective owners only. GamePlan11 shall be acting as monitoring entity only.
Third Party Sites, Services and Products
- There may be various links to other Internet sites owned and operated by third parties on GamePlan11 which may contain different conditions for users' in order to access or use the site. The GamePlan11 authorities do not hold any control or responsibilities for such 3rd party sites apart from GamePlan11, and thus, it shall not be held responsible for any content posted on any third party website. Further, we are not under any endorsement for such contents and/or links from third party sites.
- We shall stand not responsible for any interactions (including financial transactions) by the users (“You”, “Contestant”, or “Participant”) with third party sites, including payment providers and verification service providers on GamePlan11 portal and/or mobile application. The users' involvement with third parties is entirely dependent on the terms and conditions, policies and services outlined by the third party sites, and it is a responsibility of the users’ to review and abide to the terms of using such sites before initiating any correspondence. Further, by accepting the Terms and Conditions of GamePlan11, the users agree that GamePlan11 is not responsible for any sort of damage or loss faced by the users due to any sort of activities with any of the third party sites. In the event of any disputes, the users are advised to get in touch with the respective third party vendor.
- GamePlan11 may contain the contents or information furnished by third parties. However, we are not taking any responsibility on the authenticity or standards of any information furnished by the third party sites or vendors. Further, we urge users not entrust such information while using the different services or contests organized and hosted by GamePlan11.
6. User Conduct
- User (refer it as “Individual” or “You”) bound to the Terms & Conditions. User agree to follow all the rules, regulations and terms of using the GamePlan11 portal or mobile app. In the event when user fails to follow any of these Terms & Conditions or any other rules/regulations defined including but not limited to restricting, de-activating, or terminating such user’s access to all or any of the GamePlan11 services on Portal or mobile app, or user’s account and related information of GamePlan11 account or to avoid from awarding any prize(s) to such User.
- Users are bound to furnish true, correct, present and complete details while registering for GamePlan11 account or all the time as and when required by us. Further, user is agreed to update the information as and when any changes take place in the details provided at the time of registration.
- A single user is not entitled more than one account with GamePlan11.
- User is agreed to make sure that all the communications received, including emails and SMSs from GamePLan11 are received under the “safe senders” category. We are not responsible if any of the emails or SMS are unread by the user in the event when GamePlan11’s emails are delivered under Junk or Spam folder.
- User should not share or disclose any password generated/issued by GamePlan11. We do not encourage users to exchange their password with any other existing GamePlan11 user in order maintain the confidentiality of their accounts. In case of any unauthorized access to their account, Users are advised to immediately get in touch with GamePlan11 team by notifying them via email or customer care number to avoid further damage.
- Users are advised to log-out as and when they stop using the GamePlan11 services. GamePlan11 will not stand responsible for any loss or damage resulted in the event of non-compliance of any of these requirements.
- User agreed to avoid using any available cheat codes, exploits, bots, automation tools or any other unauthorized third party applications designed to alter or breach the GamePlan11 services and/or GamePlan11 user experience. Further, users agree 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 mobile app underlying GamePlan11’s service offering.
- Users agree not to modify or cause to be modified any files or mobile app that are part of GamePlan11’s service offering without GamePlan11 express written consent, they shall.
- Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support GamePlan11 service offers; or (b) the enjoyment of GamePlan11 service offering by any other User or individual.
- Users agree not to initiate, support or get themselves involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to damage GamePlan11 services or any other user's enjoyment of using GamePlan11 services.
- Users are not advised to access any other user’s account, servers or networks connected to GamePlan11 services unethically.
- Users agreed not to follow the below mentioned practices while using GamePlan11:
- To get involved in any kind offensive methods, including anti-nation, objectionable or abusive action or interactions, or to engage in any illegal activities;
- To harass, stalk, threaten, or otherwise violate legality of the GamePlan11 users;
- To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content, and transmit corrupted or files containing virus that may harm or negatively affect the operations of other user’s system or mobile application;
- To advertise, sell or distributing any material or services of GamePlan11 for the commercial purpose without taking written consent from GamePlan11;
- To pull apart or recompile or download any file or carry out any activity that affects GamePlan11 products and/or services that is known to you as an illegal activity;
- To alter or remove any author details, or legal or any other copy right information of any software or third party material;
- To restrict or avoid any non-registered users to access and entertain themselves from our portal and/or mobile application or interventions in GamePlan11 servers or network;
- To carry out any kind of fraud with GamePlan11 (including BoD, Employee or Agents), or providing wrong affiliation of the users or individuals associated with GamePlan11;
- In the event when user has selected a username that is considered as inappropriate, abusive or that might subject GamePlan11 to public disagreement, GamePlan11 reserves the right to alter such username and educate the user or delete such username posts from GamePlan11, or refrain to access GamePlan11 services, or can impose any combination of such options on the users.
- In the event when user try to access the GamePlan11 portal and/or mobile application unethically, it shall be considered as violation of GamePlan11’s terms and conditions outlined here. Further, by consenting to these Terms and Conditions, the users agreed to refrain from using any other means, including bots or electronic medium to access GamePlan11 portal and/or mobile application.
- Only the users above 18 years age are eligible to take part in the different contests or games organized and hosted by GamePlan11 portal and/or mobile application.
7. Conditions of Participation:
While participating in any contest, the user(s) are agreed to follow these terms and conditions, and the decision of GamePlan11. GamePlan11 reserves the right to restrict the users to participate in any contest, reject any winnings of prizes and may ask for return the benefits earned if it is found that the user is engaged in any illegal, indecent activities, but is not limited to:
- Altering someone’s personal details as demanded by GamePlan11 to participate in any contest and/or in any other program and/or to claim the prizes or winnings or gathering other users’ information without their express consent and/or knowledge and/or spamming other users; or
- Involvement in any kind of financial scam or misinterpreting the information;
- Conspiring with any other user(s) or engaging in any type of syndicate play;
- Using automated means to obtain, collect or access any information on the portal or of any User for any purpose;
- Misusing any type of cash bonus, or misusing the different programs offered on GamePlan11;
- Tempering any or all part of contests by any means to disarm the security measures and contests guidelines;
In the event of breaching these guidelines by any user, GamePlan11, at its sole discretion, may initiate or take legal actions other than recovering the prizes earned or make it void.
8. Registration for a contest
- In order to register for the Contest(s), the participants are required to provide the following information in a proper manner: Full Name, Team Name(s), E-mail address, Password, State of Residence, Gender, and Date of birth
- During the registration, if it is found that the participant is a resident of Assam, Odisha, Sikkim, Nagaland or Telangana, he/she will not be able to sign-up for any match in the paid version of the contests as described in the later section.
- The participants who are above the age of 18 years and have successfully completed their registration process by entering valid and adequate information in the registration form are sent a confirmation email comprising their login details
9. Contest(s), Participation and Prizes
- GamePlan11 portal and/mobile app conducts various contest(s) as a part of amusement activities offered by GamePlan11. The contests conducted by GamePlan11 allow the users to participate in different fantasy games 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. GamePlan11 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). The Contest(s) organized as a part of Fun Features would comply to the Terms and Conditions, rules and regulations mentioned below:
- "Fantasy Game Rules" available at “How To Play” 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.
- GamePlan11 allows the users (“Participants” or “Contestants”) to take any amendments or modifications in the team before the actual start time of the official match start time announced by the official broadcasters or officials of sport event. This may cover any decisions taken by GamePlan11 in a specific event based on the unavoidable circumstances, which are not influenced by GamePlan11. Such scenarios may cover following reasons:
- When match start time is before the deadline:
- All sports (Except Cricket): GamePlan11 may, its sole discretion, take amendments in the deadline to maximum of 10 minutes after the start of actual match time. After the defined timeline, the said contest will be considered deserted.
- Cricket: GamePlan11 may, its sole discretion, take amendments in the deadline by 10 minutes or 3 bowled over (whichever is less from both these options) at a stretch before the start of a match. In the event when GamePlan11 is unable to validate the official match time from the available resources, we reserves right to take necessary corrections in the match deadline where 3 over can be bowled at a stretch.
- When match start time is after the official deadline
- GamePlan11 may, its sole discretion, reserves the right to extend the deadline or abandon any contest in the event when there is a significant delay in toss, or match is interrupted due to bad weather, or unavailability of the participated teams, or due to technical outages causing interruption in a match etc.
- GamePlan11 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.
- 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 GamePlan11 Services charged by GamePlan11 and pre-determined participant’s contribution towards prize money pool.
- The GamePlan11 reserves the right to charge a Platform Fee, which would be specified and notified by GamePlan11 on the Contest page, being created on GamePlan11 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 GamePlan11 has no right or interest in this Prize Money Pool.
- 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 in the portal and/or mobile app.
- An individual is authorized to make different teams for participating in different contests conducted by the GamePlan11 platform as a part of its amusement activities. However, until and unless GamePlan11 specifies a contest as Multiple Entry contests, the users are bound to submit only one Team to participate in the contest organized by us. In the context of the Multiple Entry Contest, the participants 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, GamePlan11 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.
- GamePlan11 is authorized to charge a pre-defined fee for allowing the users to access the Fun Features in relation to the different contests hosted by us. In a situation where a participant is found to be a resident of Assam, Odisha, Sikkim, Telangana, and Nagaland, by GamePlan11, 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).
10. Contest Formats
- GamePlan11 offers its services, contest(s) or fun feature(s) under 2 types of Play Formats, namely, Public Play and Private Play, respectively. The Public Play option of GamPlan11 comprises of leagues wherein the user is allowed to create or, edit his/her teams and participate in the game complying to a deadline. In the Public contest format of the Contest(s), GamePlan11 may decide on the number of participants involved. In order to make the contest operational and active, it is necessary that the pre-defined sets of participants are available and participated in the contest. Once the number of Participants in such Contest(s) equals the pre-specified number required for that Contest(s), such Contest(s) will be active. There are a few “Confirmed Contests” available in GamePlan11. Under this concept, even if there is a one participant available and join the contest, the contest will be active and operational.
- The Private Play feature of GamePlan11, on the other hand, benefits the users participating or availing the services, contest(s) or fun feature(s) provided by GamePlan11, with extended deadlines. The users participating in leagues under the Private Play option are allowed to create or edit their teams till the last moment, i.e., right before the beginning of the real-match. Users may design their own private contest comprising a specified number of participants. In order to participate within the private contest, associate Invited User shall input the competition Code related to the private contest and pay the specific amount for the private contest. Once the price paid by the participants is equal to the price specified for the private contest, the contest shall be rendered operative. Once the contest is active, no more additions is allowed in terms of the participants.
- In an event, a private contest created by any user fails to meet the pre-specified required number of the participant before the deadline which is 1 hour prior to the commencement of the real match, the contest will be automatically deleted, and the entry fee will be refunded to all the users who have joined the private league.
- The participation of any invited user in any of the private contest created by any user is entirely dependent on the pre-specified number of participants for the private league. GamePlan11 shall not be held responsible for the deletion or cancellation of any private league due to an inability of meeting the pre-specified required number of participants.
11. 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.
- All the contests outlined in-line with the concept of Game of Skill because the success of any participant is directly related with the detailing and in-depth understanding of the games like cricket, football, statistics of each game, which players are in form considering the performance aspect, conditions and/or format, dedication towards any contest and excitement of participation in the contest. Further, taking part in any contest seeks excellent level of knowledge in terms of earning points while managing the game with minimum set of resources available on the field.
- It is understood that each and every participant (“Users”) abide to rules and regulations defined in a “Game of skill” as and when they intend to take part in any of the contest(s).
- Only Indian residing participants of age 18+ are allowed to participate in the Contest(s).
- The residents from specific states, individuals residing in the Indian states of Assam, Odisha, Sikkim, Nagaland or Telangana may not participate in the paid version of the Contest as the laws of these states bar individuals from participating in games of skill where participants are required to pay to enter.
- A valid email address and registration is compulsory for a person who wishes to participate.
13. Selection and Verification of Winners and Conditions relating to the Prizes
- Selection of Winners: Based on the winning matrix pre-defined by GamePlan11, the winners are selected in a specific round of game and/or contest. Any user, whose team performs well on the field, will be declared as a winner based on the overall maximum aggregated scores. It is possible that there could be multiple winners. In such event, the decision or selection of a winner will be based on the aggregated scores, in incremental order, at the end of each round of a specific game and/or contest.
GamePlan11 shall define the total number of winners to be declared and respective prizes, before the game starts, on the contest page every time they schedule any game. Any individual identified by us as creating a team on behalf of other users will be disqualified from the Contest(s). Further, if there is a situation of tie between the winners, GamePlan11 shall distribute the prizes equally between both of the winners. If the users have not obeyed to the Terms and Conditions defined by us, then, we shall not be liable to pay any prize in relation to the use of the GamePlan11 portal and/or mobile app, or Contest, or any other rules defined.
- Contacting Winners: Upon successful winning the games, GamePlan11 will contact the individuals or teams who have won the contest(s), or the third party conducting the contest(s) will get in touch with the winners using an email address provided by the user(s) initially while registering on GamePlan11. We conduct the verification before awarding the winner and thus, required a few legal documents as a part of verification process, which could be:
- Scanned or photocopy of the User's PAN card and a government-issued residence proof;
- User’s banking details
Unless and until the verification of above mentioned details is completed, GamePlan11 shall not allow a Winner to withdraw his/her prize(s)/accumulated winnings. The winners will be showcased on the GamePlan11’s portal and/or mobile app in specific section.
- Verification process
GamePlan11 is authorized only to permit the participants who have successfully completed the verification process by providing the required documents within the time limit specified in order 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 GamePlan11.
GamePlan11 shall scrutinize all documents submitted and should and may disqualify any winner from withdrawing winning prize on the specific grounds, including identifying 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; or eligibility Criteria violation.
- Taxes Payable
The prizes offered to the users declared as winners of the contest(s) organized by GamePlan11 comply with a deduction of tax ("TDS") under the Income Tax Act 1961. In an event wherein such tax deductions are made, the winners will be provided TDS certificates. The individuals declared as winners by GamePlan11 agree to pay other applicable tax, including (but not limited to) income tax, gift tax, etc. in respect of the prize money.
The decision of GamePlan11 with respect to the grant of prizes shall be considered as final and non-contestable. The users (“You” or “Participants”) taking part in the paid contests are required to validate whether they are residents of Assam, Odisha, Sikkim, Telangana, and Nagaland. If they are residing in any of these regions, GamePlan11 hold all the rights to disqualify any such participants playing the paid formats of the Contest(s) and may void any prize won by such participants. Further, GamePlan11 is authorized to suspend or terminate the accounts of such participants at its sole and absolute discretion.
GamePlan11 is authorized to modify or change the prizes offered to the participants declared as the winners of Contest(s) organized by GamePlan11, and the participants not raise any claim or question the decision of GamePlan11 related to the prize modification.
- GamePlan11 shall not be held responsible or liable for any sort of damage or loss to the prizes occurring at the time of transportation.
- Any sort of transportation charges including shipping and courier are to be undertaken by the customers in respect of the prizes.
- In case of the cash prizes, the transaction charges fall under the part of the customers. Further, the prizes given to the participants declared as the winners of Contest(s) organized by GamePlan11 are non-transferable and non-refundable. The winners can neither exchange/redeem those prizes for cash or kind.
In an event wherein an individual (“Users” or “You” or “Contestant” or “Participant”) declared as the winner of Contest(s) accepts the prize offered by GamePlan11, then affiliates of GamePlan11 and the company itself is authorized to use the name, likeness, voice and comments of the winner for various purposes including (but not limited to) advertising, promotion of the company in any media worldwide, alongside trading without any further consents and/or additional monetary benefit to the participant.
Further, the winners undertake that they are supposed to be available in the event of any promotions are planned by GamePlan11 without any additional benefits. GamePlan11 reserves right and absolute discretion to decide on the exact dates for such promotional events, including press meets, ceremonies or functions, or any other meetings taking place within GamePlan11 team.
15. General Conditions
During the launch of any contest(s), if GamePlan11 realizes that there are certain approvals or compliances required by any governmental, statutory or regulatory or if it is found that any contest(s) launched by GamePlan11 is prohibited, then GamePlan11 reserves right to cancel all such contests. In such event, GamePlan11 is not bound to intimate any participants or users participating in the contests in well-advance. Further, participants of all such contests are agreed not to expect any kind of claim settlements. GamePlan11 contest(s) designed for the end-users, and any employees, directors, affiliates, relatives and family members of GamePlan11 are not qualified to take part of such contests.
16. Dispute and Dispute Resolution
- In case any legal dispute or issue arises (refer it as a legal issue or concern), the concerned party raising the dispute shall give a written notice to the other party (here other party could be “GamePlan11” or “You” or “Third Party”). At the initial stage, both the parties are supposed to resolve the dispute through a mutual discussion. In case both the parties fail to resolve the issue within a pre-defined time period of 30 days (after receiving the notification), the dispute should be settled with the help of arbitration.
- In order to settle the dispute by arbitration, both the parties shall gather at Ahmedabad, Gujarat. All the arbitration hearings will be in English only and in-line with the norms of the Arbitration and Conciliation Act, 1996, as amended from time to time. Further, whatever is concluded by the arbitration will be final and accepted by both the Parties. The cost of arbitration will be bearded by both the parties equally unless the arbitral tribunal decides. The arbitrator shall have rights to pass interim orders and laws, which may include the orders specific performance. Further, such orders or laws would be enforceable in the respective courts.
17. Release and Limitations of Liability
- Users are advised to use or access any services of GamePlan11 on voluntary basis and at their own decision or risk. In case of any loss or damage (including any incident, injury, death or loss of property) by the users or any other individual accessing GamePlan11 services (including fantasy games and/or contests and/or any other services), GamePlan11 will not be liable or stand responsible for anything.
- While accessing GamePlan11 services and/or the contests launched by GamePlan11, the users hereby free from and in agreement to compensate GamePlan11, and/or any of its board of directors, employees, partners, associates and licensors, from all the cost, liabilities, loss or expenses incurred by accessing GamePlan11 services that involve any personal damage or loss of property or any direct/indirect impact, or due to any other circumstances.
- We do not accept any liability, be it jointly or severally for any errors or concerns, whether occurred on behalf of it or due to third parties considering the prizes won/offered as a part of contest wining.
- While participating in any contests, if any claims or disputes arising from any third party or entity or organization by engagement of the user, the users shall compensate, defend, and hold GamePlan11 intact from any harm from such association. We are not liable to any users for the user’s engagement with either GamePlan11 or participation in any contest(s) held on the portal.
- The individuals (“Participants” or “Users”) using the Fun Features and services provided by GamePlan11, by accepting these Terms and Conditions agree that GamePlan11 shall not be held responsible alongside waiving and releasing each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against GamePlan11, its respective BoD, Employees, and Agents for all and any injuries, or accidents (whether known or unknown) or (whether anticipated or unanticipated) faced due to the Fun Features or associated with the Contests or the prizes of the Contests.
- As per the law obeyed and to the extent permitted, we @ GamePlan11 or our subsidiaries, affiliates, BoD, Employees, and Agents are not responsible for any deletion, the failure to store the information, or passing on any information or material.
- In alignment to the legal bodies, GamePlan11 shall not be responsible for any damage resulted from downloading or accessing any content or material, the servers, games, or GamePlan11 sites or mobile application, or cancellation of the contests and prices organized. In the event if user is trying to access multiple services and pay the money to GamePlan11 for the same, we refuse to acknowledge or reject any refund claims, in case of any failure in accessing the services due to routine maintenance of the servers or the technology behind the portal or mobile app, or failure of GamePlan11 service providers, or due to computer virus or any other natural disasters that are beyond our control. Further, we disclaim any kind of warranty for the contents or information provided on the portal and/or mobile application.
- If the users are downloading or accessing any content or information provided on GamePlan11, it will be purely their own discretion and acceptance of any risk associated, and the user will be solely responsible for any potential damage caused, either to the computer system or loss of data resulted from the download of any such contents or material.
- We always bestow to bring error-free and secure portal or mobile application for our users. However, we (including our partners or affiliates) refrain to commit that:
- the GamePlan11 will fulfill all the requirements of users or it will be uninterrupted, secure and bug-free
- Whatever results achieved by using GamePlan11 will be 100% accurate or reliable; and
- Any of GamePlan11’s services and/or products, or material posted on the portal and/or mobile application will suffice the expectations of the users.
- In the event when GamePlan11 identify any issue or error, including any dispute or error in determining the winners of any contest or transferring any monetary benefit to any users’ account, GamePlan11 reserves right to take corrective measures in a way that is appropriate, including adjusting the erroneous payment against the dues, if any, or deducting a said amount directly from the account. GamePlan11 team will send notification to the user to inform about such erroneous payment and make them understand the corrective measures going to be conducted to do so.
- Complying to the legal bodies and authorities GamePlan11 (including BoD, Employees, and Agents) refrain to take any legal responsibilities in the event of any consequences arises during the usage of GamePlan11 portal and/mobile application or inability in accessing our services.
- GamePlan11 is authorized to cancel any of its amusement activities or services if it is found that such events require specific permission or authority from any statutory authority or any state or the central government, or the board of directors in an event wherein such permission or authority is either not obtained or denied either before or after the organization of the relevant amusement activities or services.
- By accepting these Terms and Conditions, the users agree not to make any demands, or claims in the event of suspension or closure of any Services, events or Contests organized/provided by GamePlan11.
- In alignment with certain legislation, GamePlan11 is bound to notify the users regarding various events. User(s) provide their consent on effectiveness of such notices from the day when GamePlan11 post them or deliver them via registered email address provided at the time of sign-up for GamePlan11 account. In the event when user(s) update their email address or personal details with false or inaccurate details, GamePlan11 stand without any liabilities for the failure of receiving any important notifications or notices anytime.
- In the event of unforeseen circumstances or cause beyond the control of GamePlan11, such as act of god, war, terrorism, fire, accidents, network infrastructure failure, strikes or shortage of fuel, energy, labor or material or cancellation of any of the sports matches to which contests are being launched, GamePlan11 shall not be responsible for any delay or incapability to carry out the services offered. GamePlan11, in such circumstances, reserves the right to cancel the contests or events or services and initiate an appropriate refund for all the participants invested in the event.
- GamePlan11’s failure to carry out or enforce any right or provision of the Terms and Conditions mentioned here shall not consider a waiver of such right or provision to anyone.
- In case any of the Terms & Conditions falls under void, or invalid, or unenforceable, the remaining list of these Terms & Conditions stands intact and will have full force on the user(s) of GamePlan11.
- GamePlan11 may, at its sole and absolute discretion, can restrict or bar the use of GamePlan11 services for any user, or for rest of the audience, in accordance with the GamePlan11’s policy time-by-time, and without any notice to the user(s). Further, they reserve rights to temporarily or permanently close or restrict the use of any services offered.
20. Standard Terms and Conditions of Promotions
This set of Standard Terms & Conditions of promotions support the different “Standard Terms” enforced for promotions launched on GamePlan11 portal or mobile app, which are mentioned as below:
- In order to take part in any contest, the user is advised to comply with the terms and conditions designated for a said promotion along with the standard terms and conditions mentioned here. The user(s) provides his/her agreement and consent to follow the terms and conditions of GamePlan11 as and when he/she participates in such promotions.
- The promotions are operational only to the user(s) living in India. Any unauthorized access to promotion, including participating in the promotion using proxy, is strictly not permitted.
- Participation in the Promotions is voluntary and one or more promotions have different eligibility criteria, hence, participation in one promotion does not guarantee any user(s) for success in participating in any other promotion.
- Only a single account shall be used by a user to participate in a Promotion and avail benefits. It is recommended that any existing user of GamePlan11 shall not sign-up for a new account in order to participate in any promotion.
- As per the Terms for any promotion, the user willing to participate in the promotion may be asked to validate and/over verify their mobile number and other account related information.
- Any individual or a user willing to participate in any promotion, must have to opt-out from the National Do Not Call Registry till the end of such promotion (which includes delivery of bonus amount or the free-entry to specific event under such promotions) in order to receive the calls or SMS from the GamePlan11 team. In such events, the users are agreed not to reclaim or raise any concerns or issues opposing GamePlan11. In case no calls or SMS received after de-registering from the NDNC registry, the user(s) cannot claim or raise any concerns about not receiving any calls or SMS for their participation in any promotion launched by GamePlan11.
- GamePlan11 may reject participation of any user from a Promotion if such user is involved in or it is discovered that such user has history in any illegal or inappropriate activities.
- The users can use the Bonus Amount deposited in their accounts as a part of GamePlan11 promotional offers for cash contests subject to predefined ceiling limit. However, the Bonus Amount 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 GamePlan11 or to any third party account or to any bank/payment instrument account. The bonus amount shall expire at the end of 30 days from the date of credit of the bonus amount.
- GamePlan11 reserves right to transfer the bonus amount or give a free entry based on the eligibility and compliance of user with the standard terms and conditions, including the terms and conditions of a promotional event. We may change the bonus amount or conditions on free entry provided under a specific promotion without providing any advance intimation to the user. Further, such bonus amount or free-entries cannot be exchanged with any other offers or against any cash.
- In the event when any participant violate these Standard Terms, the applicable promotion terms or any other rules and regulations of GamePlan11, GamePlan11 reserves right to withhold or void the benefits offered under a promotion (which may include free-entry or any prizes/winnings earned by the participants).
- It is agreed and understood that GamePlan11 shall not consider any liabilities other than maximum specified amount in any promotion.
21. REFERENT BONUS
The Cash Bonus earned by the referred friend of already registered user with GamePlan11 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. As soon as the Referent registers on GamePlan11 a cash bonus of ₹25 will be credited into the GamePlan11 wallet of the Referent. In a rare event, if the referred friend of the existing user of GamePlan11 fails to successfully verify his/her personal and contact details within the Verification Period or omits to provide documents requested for such verification, the Referent shall not be eligible for receiving the entitled Referent Bonus (as specified above).
22. REFERRER BONUS
For the inviter to earn the bonus amount, he/she must download the GamePlan11 mobile app, install the same in his/her mobile device, verify his/her mobile number and email address before completion of a verification period. The Credit of the Referrer Bonus is contingent on the Referent's successful verification and depositing Rs.50 to his/her wallet. However, the maximum cash bonus cannot reach beyond Rs. 250 in the platform.
Whatever Bonus Amount is credited in the referrer and referent’s account can be used to take part in other contests organized/hosted by GamePlan11. It is important to note that such cash bonus cannot be withdrawn or transferred or cannot be used to join private contests. AFTER 30 DAYS FROM THE DATE OF CREDIT OF THE BONUS AMOUNT (IF ANY), IT SHALL EXPIRE AND BE VOID IN THE SYSTEM.
- GamePlan11, at any moment, can make modifications in the bonus amount offered under specific contests without notifying to the users in advance. Further, the deposit of such bonus amount is under the control of GamePlan11 and considering the user’s acceptance of terms of usage. There are no ways user can replace or exchange the bonus amount with any other item or services of GamePlan11.
- GamePlan11 hold the rights to withhold the deposit of the bonus amount and/or void any bonus amount deposited to the account of invitee or inviter or any prizes/winnings earned using such bonus amounts, or reserves right to deactivate accounts of invitee and inviter in the event when they violate the terms and conditions of GamePlan11.
- Mere or negligible participation in any promotion does not guarantee to receive any free-entry or bonus amount mentioned under such promotion to the user(s).
- The final decision will be made by GamePlan11 and will be in-line with a promotion, and the prizes offered. GamePlan11 shall not entertain any objections, issues or disputes in this respect.
- GamePlan11 may launch different contests, promotions or offers. The users cannot combine any existing promotion with the any other contests or promotions launched recently or running in parallel.
- GamePlan11 may, its solely and absolute discretion, entitled to take any amendments or even withdraw any kind of promotions or can take any change in the standard terms & conditions, the promotion terms without taking consent of the user, and without any advance notice.
We welcome the user(s) to participate in different contests and amusement activities at GamePlan11 portal and/or mobile app by adding little or more amount in their GamePlan11 account. In any case, the user(s) cannot withdraw the amount deposited in the system. Further, no amounts used to take part in the leagues, or amusement options, or to participate in any contest(s), shall be refunded to the user(s) by GamePlan11.
A transaction, once confirmed, is final and no cancellation is permissible. However, GamePlan11 may, at its sole and absolute discretion, permit a Member to cancel a transaction and refund the amount paid:
If the Member sends a written request to GamePlan11 from the registered email Id to cancel such payment; or if the payment is made for participation in the paid version(s) of the Contest(s), the cancellation request must be received at least 2 days prior to the commencement of the round in respect of which the payment is made; GamePlan11 shall not be liable to refund any amount thereafter. GamePlan11 may, at its sole and absolute discretion, refund the amount to the Member after deducting applicable cancellation charges and taxes.
GamePlan11 reserves the rights to refund the transaction amount to the user within the above mentioned case at its sole and absolute discretion post deducting applicable cancellation charges and taxes. Further, amid the transaction method, the users ought to take a note of the additional terms and conditions that considerably govern the group action. In an occurrence whereby the clauses outlined in extra terms and conditions conflict with this Terms and Conditions outlined by GamePlan11, the extra terms, and conditions related to transactions shall prevail. The refund is just applicable to the amount used to be part of any league and shall be refunded to the GamePlan11 wallet supply, as deducted.
23. General Terms & Conditions For PAN Card and Bank Account
- PAN CARD
We are gathering PAN Card details from the user (referring “You” or “Individual”) in order to verify the authenticity of the participants. During verification if anything found suspicious, GamePlan11 reserves the right to delete the details anytime at its sole discretion.
Further, if the furnished documents are found fake or duplicate, GamePlan11 may block the said user’s account under the provision of “Fair Play Violation”. After the PAN card verification, if it is found that you are a resident of Assam, Odessa, Telangana or Nagaland, GamePlan11 can erase your details of PAN card anytime even after the verification.
- BANK ACCOUNT
We are gathering Bank Account details from the user (referring “You” or “Individual”) in order to verify the authenticity of the participants. During verification if anything found suspicious, GamePlan11 reserves the right to delete the details anytime at its sole discretion.
Further, if the furnished documents are found fake or duplicate, GamePlan11 may block the said user’s account under the provision of “Fair Play Violation”. Moreover, the withdrawals can be put on hold under such circumstances.
After the banking details verification, if it is found that you are a resident of Assam, Odessa, Telangana or Nagaland, GamePlan11 can erase your details of bank anytime even after the verification.