Terms and conditions iGamio

When you register/log on or use https://www.iGamio.com/, its sub-domains and/or IGamio App (mobile application accessible through a mobile phone or a tablet device) collectively referred to “IGamio” and/or any services provided on the IGamio site, you agree that you have read, understood and have agreed to be bound by the Terms and Conditions, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms and Conditions, you must not subscribe to or register or use the IGamio site or any of its services. For the purpose of these Terms and Conditions, wherever the context so require "you" or "your" or "User" or “Participant” shall mean any natural or legal person who has agreed to become a member of the IGamio site by registering on the IGamio site as registered User or a person who has used the IGamio site either through browsing or otherwise. Your access or use of the IGamio site is subject to the Terms and Conditions as set out herein (“Terms and Conditions”) and the Privacy Policy made available at IGamio site. “We”, “us”, “our”, “IGamio” shall mean Gamio technologies private limited and/or any of its affiliated entities.

IGAMIO SERVICE

IGamio shall be entitled to modify these Terms and Conditions and the rules governing its games/tournaments/contests, at any time, by posting the same on IGamio site. Use of IGamio constitutes your acceptance of such Terms and Conditions and the rules referred to herein or provided by IGamio in relation to any IGamio services, as may be amended from time to time. You may then exercise the options provided in such a notification to indicate non-acceptance of the modified Terms and Conditions or the rules. If such an option is not exercised by you within the time frame prescribed in the notification, you will be deemed to have accepted the modified Terms and Conditions and the rules provided by IGamio.

IGamio site may contain links to third party websites that are not owned or controlled by IGamio. IGamio has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites/app. In addition, IGamio will not and cannot censor or edit the content of any third-party site. By using the IGamio site and its services, you expressly acknowledge and agree that IGamio shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

USER REGISTRATION

You may use the IGamio site without registration. However, to participate in the activities of the IGamio site you shall be required to create an account by logging in through your Google account,Facebook account or any other third-party service account permitted by the IGamio site. In the event you wish to play on the IGamio site you shall create an account with us.You shall do so after completing the registration process by: a) Providing true, accurate, correct and complete information as prompted by the applicable registration form. b) Maintaining and updating true, accurate, correct and complete information provided by you during the registration process.

You shall be required to choose a user nameand password. You shall be solely responsible for maintaining the confidentiality of your account username and password.

You shall be solely responsible for the registration information provided by you during submissions and the consequences of posting or publishing them. IGamio is only acting as a repository of data and makes no guarantee as to the validity, accuracy, or legal status of any information / submissions.

If, at any time, IGamio believes that your account and password is being misused in any manner, or that the information provided by you during the above stated registration process is not true, inaccurate or incomplete, then IGamio reserves the right to terminate/cancel or suspend your account and block your access to the IGamio site.

You shall be solely and exclusively responsible for any and/or all the activities that are carried through your account. You agree to notify IGamio of any unauthorized use of your account and/or any breach of security via email at support@iGamio.com. IGamio shall not be liable for any loss that you may incur as a result of another person(s) using your account username and/or passwordand / or your failure to comply with this section.You shall be solely and exclusively liable for all the losses to IGamio and/or other claims, damages, fines due to such an unauthorized use.

If IGamio charges you a platform fee (facilitation fee) in respect of any IGamio services, IGamio shall, without delay, refund such platform fee in the event of suspension and/or termination of your account or IGamio services on account of any fault on the part of IGamio. It is hereby clarified that no refund shall be payable if such suspension and/or termination is effected due toany breach or failure to adhere any of these Terms and Conditions, Privacy Policy and/or any other rules by the you, the User, or a person(s) accessing your account by using your username and password; or any circumstances beyond the reasonable control of IGamio.

REGISTRATION AND PARTICIPANTS

The games/tournaments/contests available on the IGamio site are open only to residents of India aged eighteen (18) years or above at the date of usage and/or registration. Employees of Gamio technologies private limited. (IGamio), their associated, affiliated and subsidiary companies and their families, agents,game sponsors, and any person connected with IGamio are excluded from participating in the game and/or winning a prize. By taking part in a game (excluding administering the game) on the IGamio site, Users/Participants warrant that all information submitted by them is true, accurate and complete. Proof of age may be required. The sole discretion to declare aUser ineligible to participate shall vest with IGamio.Users/Participants who wish to participate shall have a valid email address.In order to register for the Contest(s), Users/Participants are required to accurately provide the following information:

USE OF THE IGAMIO SITE

All materials provided on the IGamio site, including but not limited to all information, materials, functions, text, logos, designs, graphics, images, sounds, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of IGamio and/or its vendors and/or suppliers. All Materials herein and IGamio’s software are the exclusive properties of IGamio. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior written permission of IGamio.

Subject to your compliance with these Terms and Conditions, IGamio hereby grants you the right to access and use the IGamio site only for personal and non-commercial purposes. You undertake that you shall not use the IGamio site for any commercial purposes and/or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

You may post/share links/images/text content on the IGamio site on social media platforms like Facebook, Twitter, Google+, Snapchat, Instagram, YouTube or any other social media sharing platform with appropriate link-back to the original source.

When the IGamio site provides for the download of any particular Material including any software, you may download such Material and/or software to a computer or mobile device (as applicable) for your personal, non-commercial use only, provided that you shall:

  1. keep a record of and not amend copyright and other proprietary notices;
  2. make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the iGamio site or the Material including the software, in whole or in part, and;
  3. not transfer any Material and/or software and/or any part thereof to any other computer and/or mobile device. Any commercial or business use of the iGamio site or any Material including the software is expressly prohibited.

Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark, design or copyright of the IGamio intellectual properties. You acknowledge and agree that nothing in these Terms and Conditions shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names, source code or other proprietary rights on the IGamio site or Material or software or any part thereof to you or any third party.

FAIR PLAY POLICY AND PROHIBITED USE LEGALITY:

The User’s/Participant’s use of the iGamio site and software is also subject to laws of the State in which the User resides and from which he/she accesses the iGamio site, as well as the laws enacted by the Republic of India. Residents physically located outside India and in the States of Assam, Telangana, Nagaland and Odisha (Orissa) (“Excluded States”) are ineligible to open a User Account on the IGamiosite.

Users seeking to participate in the games of skill offered by the iGamio site from the Excluded States would be ineligible for prizes offered by iGamio . iGamio , at its sole discretion or the judicial and/or government authority, through an order/decree/judgment/direction, may add additional States in the Excluded States. In such a case, the Users/Participants from these States shall be ineligible to participate in the online games/tournaments/contests where the participation fee is charged, and the prizes are offered.

In case wherein detailed audits on the end of iGamio , any User/Participant is found to be a resident of any of the aforementioned States and is found to be hiding such details from iGamio at the time of registration then actions mentioned under these Terms and Conditions including (but not limited to) blocking of account, account reset, account deletion or deactivation shall be initiated. If the laws of these Excluded States change and the residents of these States are allowed to participate in the paid versions of game of skills, the Users/Participants (who 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.

Any credit/winning amount of such a User/Participant, available in the User Account with iGamio shall not be usable, till the time the judiciary/government authority expressly allows the iGamio site to offer its online game(s)/contests/tournaments in the Excluded State.

The User/Participant agrees that iGamio shall not be held liable if laws applicable to the User/Participant restricts or prohibits his/her participation.

iGamio makes no representations or warranties, implicit or explicit, as to the User’s legal right to participate nor shall any person affiliatedor claiming affiliation with the User/Participant have authority to make any such representations or warranties.

INTERNATIONAL USERS

The iGamio site and service are hosted in the Republic of India and are intended for and directed to Users/Participants in the Republic of India (except the Excluded States). iGamio makes no representation that the iGamio site is appropriate or available in locations outside India. Those who choose to access the iGamio site from outside India and/or the Excluded States are doing it at their own risk and shall be themselves responsible for compliance with the applicable laws.

If you are a User/Participant accessing the iGamio site and service from any region with laws or regulations governing personal data collection, use, and disclosure, your continued use of iGamio site and service (governed by the Indian laws, iGamio Terms & Conditions and Privacy Policy) you consent to transfer your personal information to iGamio as per the Republic of India laws and regulations applicable at that time.

USER CONDUCT PARTICIPATION IN CONTESTS

By entering a Contest, User/Participant agrees to be bound by these Terms and the decisions of iGamio . Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any User/Participant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the User engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users//Participants which includes, but is not limited to:

  1. Falsifying ones’ own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by iGamio to enter a contest and/or claim a prize/winning.
  2. Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the User.
  3. Colluding with any other User(s) / Participant(s) or engaging in any type of syndicate play.
  4. Any violation of Contest rules or the Terms and Conditions.
  5. Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means.
  6. Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User/Participant for any purpose
  7. Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
  8. Obtaining other Users’/Participants’ information without their express consent and/or knowledge and/or spamming other Users/Participants (Spamming may include but shall not be limited to send unsolicited emails to Users/Participants, sending bulk emails to iGamio Users/Participants, sending unwarranted email content either to selected Users/Participants or in bulk); or
  9. Abusing the Website in any way. It is clarified that in case a User/Participant is found to be in violation of this policy, iGamio reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
CONTEST(S) AND PRIZES

iGamio ,may at its own discretion, make available anyother game/tournament/contest(s) on the iGamio platform. Currently, only fantasy cricket game is made available on iGamio platform. Users//Participants wishing to participate in the such contest ("Participants") are invited to create their own fantasy teams ("Team(s)") consisting of real-life cricketers (as applicable) involved in the real-life cricket match (as applicable, series or tournament (each a "Sport Event") to which the fantasy game relates. iGamio offers its platform to Users/Participants for fantasy game Contest(s) being created relating to each Event, and Users/Participants can participate in such tournament(s)/Contest(s) with their Teams. Teams are awarded points on the basis of the real life cricketers’ performances at the end of a designated match or tournament of the Contest(s). The User(s)/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 iGamio services shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by:

Currently, there are paid versions of the Contest(s) made available on iGamio platform. Users/Participants 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 iGamio services and pre-determined User’s/Participant's contribution towards prize money pool. The User/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 User/Participant may create different Teams for participation in Contest(s) in relation to an event across the iGamio services. However, unless iGamio specifies otherwise in relation to any Contest ("Multiple Entry Contest"), Users/Participants acknowledge and agree that they may enter only one Team in any Contest offered in relation to any event. In case of Multiple Entry Contest(s), a User/Participant may enter more than one Team in a single Multiple Entry Contest. In addition, it is expressly clarified that iGamio 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 iGamio in its sole discretion.

User/Participant shall pay a pre-designated amount for participating in the contest(s) being created on the iGamio platform.

In the event a User/Participant indicates, while entering an address, that he/she is a resident of the Excluded States, such User/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).

IGAMIO Games
  1. Fantasycricket
  2. In iGamio's fantasy game of cricket, each User/Participant shall select a balanced team consisting of eleven (11) number of players, of which maximum of seven (7) players shall be selected from a single team for a match with a total budget allocated to each User/Participant being 100 before the toss. The User/Participant shall also select a captain and a vice captain from the players elected on the team who shall earn 2x and 1.5x the points respectively. Player selected in the fantasy team would be allocated points based on their performance in the actual sporting event taking place, with weightage being given to different aspects of their performance. The points system for Fantasycricket is uploaded under the ‘Points System Section on the iGamio website/app.

  3. Cricpredict
  4. iGamio's Cricpredict lets a user predict outcomes of several events in a match. The game has a format of 13 different questions with 4 different options to choose from as the answer. For each correct answer a user gets 10 points, while for each incorrect answer a deduction of 5 points is made. A user can select 2x feature for a question, where the number of points or deduction will be doubled. The skip feature can be used once in a game where the user can choose to skip a question from the 13 questions. Each question is provided with additional information which is highly relevant to the question asked. A user is advised to use this information before predicting an answer, as it is a game of skill which is influenced by consistency and trends in numbers and stats of the game.

TABULATION OF FANTASY POINTS

iGamio may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s) with appropriate licenses. 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, iGamio shall use best efforts to rectify such error prior to the distribution of prizes. However, iGamio 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/Participants agree not to make any claim or raise any complaint against iGamio in this respect.

TAXES PAYABLE

All prizes shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961. The TDS rate prescribed by the Government of India with respect to any prize money amount that is more than INR 10,000/- (Indian Rupees Ten Thousand Only) 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 iGamio 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.

SELECTION AND VERIFICATION OF WINNERS AND CONDITIONS FOR PRIZES PRIVACY POLICY

The user hereby consents and agrees that she/he has read and fully understood the contents and terms of the Privacy Policy of iGamio and by using the iGamio Site, the User has consented to such content and terms of the Privacy Policy of iGamio .Our Privacy Policy (which shall be available at https://www.iGamio.com/privacypolicy) shall apply to all the entries to the Game and the Services on the Website.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, copyright and/or all intellectual property rights in all Materials on the iGamio site (including but not limited to text, audio, video or graphical images, or technology, the look and feel of the iGamio site), trademarks and logos appearing on the iGamio site are the properties of iGamio and are owned & controlled by us and/or by other parties that have licensed their material to us. You shall not copy, reproduce, republish, upload, post, transmit or distribute the iGamio site Material in any way, including by e-mail and/or other electronic means and whether directly or indirectly and/orassist any other person to do the same. Without the prior written consent of the owner of the Materials, modification, use of the Materials on any other web site and/or networked computer environment and/or use of the Materials for any purpose other than personal, non-commercial use shall be considered a violation of the copyrights, trademarks and other proprietary rights of iGamio and shall be prohibited.

Any use of the Material other than for personal and non-commercial purposes shall be considered as commercial use for the purposes of this clause. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of iGamio or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the iGamio site, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the extent permitted by law.

We, at iGamio , respect other people's intellectual property rights and if you believe that any content or material on the iGamio site infringes on your intellectual property rights, you can write and inform us about the same at support@iGamio.com.

ADVERTISING MATERIAL

Some part of the iGamio site, may contain advertising information, surveys, promotion material or other material submitted to iGamio by third parties. Responsibility for ensuring that the material submitted for inclusion on the iGamio site complies with the applicable law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in the promotions of advertisers or including the payment and delivery of related goods or services, and/or any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. iGamio shall not be responsible and/or liable for any claim, error, omission, inaccuracy in advertising material and/or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisers on the iGamio site. iGamio reserves the right to omit, suspend or change the position of any advertising material submitted for insertion.

LIMITATION OF LIABILITY

In no event shall iGamio , its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:

  1. errors, mistakes, or inaccuracies of content;
  2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service;
  3. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
  4. any interruption and/or cessation of transmission to or from our servers;
  5. any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party;
  6. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the iGamio client, whether based on warranty, contract, tort, or any other legal theory, and whether or not iGamio is advised of the possibility of such damages; and/or
  7. the disclosure of information pursuant to these Terms and Conditions or privacy policy of iGamio . The foregoing limitation of liability shall apply to the extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that iGamio shall not be liable for any defamatory, offensive, or illegal conduct of any third party and that the risk of any harm or damage from the foregoing shall rest entirely with you.

TECHNICAL FAILURES AND DISCONNECTION POLICY

It is possible that you may face disruptions, including, but not limited to errors, disconnection or inferences in communication in the Internet services, software or hardware that you have used to avail our services.

iGamio shall not be liable for any network outage or any problems/interruptions with network connectivity including network, Internet services, computer hardware or software failures of any kind in the disruption in the servicesas the same is beyond iGamio ’s control. You take full responsibility with complete knowledge for any risk of loss or damages caused due to interruption of services for any such reasons.

You agree that iGamio shall not be held responsible and/or liable for any interruption in a IGamiogame and/or tournament and/or contest caused at the User’s end due to an incoming call, message, chat, video call or any other interruption on the mobile phone device/tablet device. In case of any interruption specified above in a iGamio game and/or tournament and/or Contest on the User’s mobile phone device/tablet device, the game and/or tournament and/or contest shall still continue,and the User shall assume complete responsibility for such interruptions in between the games and/or tournaments and/or contest.

INDEMNITY

You agree to defend, indemnify and hold harmless iGamio , its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  1. your use of and access to the iGamio site;
  2. your violation of any term of these Terms and Conditions;
  3. your violation of any third party right, including without limitation any trademark, copyright, property, or any other privacy right;
  4. any violation of applicable law, rules, regulation, orders and ordinance. This defense and indemnification obligation shall survive these Terms and Conditions.
CHARGEBACK POLICY

“Chargeback” is a credit card charge that has been disputed or claimed as fraud with a credit card company and/or the User’s bank. A credit card chargeback occurs after a cardholder/User(s) initiates a merchant dispute with their issuing bank and the issuing bank will then charge back the transaction being disputed from iGamio and the cardholder's account is credited. Chargeback, as defined above, may occur for one of the following reasons:

  1. Mistakenly filed by the cardholder/User as he/she did not recognize the charge;
  2. Many User(s) request friends, parents or other relatives to pay for the game, and they may misunderstand the billing policy and/or do not recognize the charges. They may then file a dispute for the fees;
  3. After a credit card is lost or stolen, the User or bank disputes the charges in error;
  4. An account is sold, shared, transferred or traded and the previous owner disputes previous billing fees. These types of accounts can and will not be released;
  5. Technical problems during the payment processes; and
  6. Fraudulent use of a credit card.
Procedure for User(s) recovering his/her account following Chargeback
  1. The User(s) needs to verify his/her ownership of the account in question for a chargeback. The User may need to create a new account to do so.
  2. The User then needs to provide the following details:
    • Name (as on the Government issued Identity Card):
    • Username:
    • Name on the Credit Card:
    • The last 4 digits of the Credit Card used on the account:
    • Full Billing Address:
    • Current answer to security question:
    • Email Address:
  3. In order to uphold the iGamio privacy and security policies, representatives will ask you to verify information on an account. Payments shall not be accepted if the contact is not able to prove his/her ownership of the account. Missing information can cause delays and halt the recovery process. If the User requires additional time to gather the requested information, he/she should contact iGamio at support@iGamio.com.
  4. If the User(s) does not remember the exact credit card number, he/she should check with the bank from whom the credit card was issued to the User. When an account is terminated and/or banned, the same shall not be renewed automatically on the iGamio platform. All billing related to that User account shall be stopped.
Dispute of Charge by the User(s) with his/her bank:
  1. If the User has disputed a charge with his/her bank, iGamio shall terminate and/or close the User’s account and place it under suspension until the payment is returned to iGamio .
User’s card charged without permission
  1. iGamio has no way of knowing who is charging the User’s credit card at the time of purchase. However, there are certain factors which shall establish whether or not the charge is from a legitimate source or is fraudulent in nature. In most cases iGamio shall actively ban and refund charges to credit cards that iGamio has determined to be fraudulent in nature. However, most of the chargeback claims are not legitimate and require remittance before the account can be used again.

Friendly Fraud: Friendly Fraud occurs when a charge is placed by a member of a household with access to a credit card (or who has memorized the security information on a card) and placed charges which may not be known to the primary card holder. The charges shall still be counted as legitimate whether or not the primary card holder was aware of the charges.

Process to be followed by iGamio after verification of ownership
  1. Once the User(s) has verified ownership, the iGamio team in charge of the User(s) case shall give the User(s) instructions on how to proceed.
  2. The User(s) shall also remember that every case is different and that the iGamio team will need to research exactly what happened to ensure that both the User(s) and iGamio get the fairest result.
GOVERNING LAW AND JURISDICTION DISPUTE RESOLUTION

Nothing contained in these Terms and Conditions shall prevent iGamio from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard iGamio '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 iGamio to pursue any remedy for monetary damages through the arbitration described herein.

REPRESENTATIONS AND WARRANTIES

The User, not limiting his/her statutory rights, expressly acknowledges and agrees to the following:

  1. The User uses the iGamio site at his or her own risk. iGamio expressly disclaims all express or implied representations or warranties.
  2. Each User shall bear their own risk concerning all the gaming activities being undertaken by him/her through the iGamio site.
  3. The User understands that certain delays can occur in the iGamio ’s system/network and therefore he/she shall not hold iGamio or any iGamio provider, responsible for any system/network related problems.
  4. iGamio does not guarantee, amongst other things that:
    • the Game/Tournament/Contest and/or iGamio Site will meet the user’s expectations;
    • the Game/Tournament/Contest and/or iGamio Site will be accessible without interruption or in a timely, reliable or fault-free manner;
    • the results obtained through use of the Game/Tournament/Contest and/or iGamio Site will be correct and reliable;
    • the quality of the products, services, information or other material purchased or obtained by the User through Game/Tournament/Contest and/or iGamio Site will meet the User's expectations.

The User shall be solely responsible for damages to his/her data system or for loss of data arising from downloads of content from the Game/Tournament/Contest and/or iGamio Site.

BREACH AND CONSEQUENCES

If we have evidence of a breach of our Terms and Conditions through our investigations or reasonable belief that your continued access to our website/app (platform) is deleterious or detrimental to the interests of iGamio and/or our Users or the general public, then we reserve the right in our sole discretion to take one or all of the actions as mentioned below:

  1. Permanent suspension and/or termination of your User account on our platform;
  2. Forfeit the balance amount left in your account;
  3. Demand and order damages for breach of iGamio Terms and Conditions and take required civil actions to recover damages;
  4. Initiate steps of prosecution for damages and violation that is equivalent to offences in law;
  5. Cause restriction to access our games/tournaments/contests to Users who are suspected in cases of cheating or colluding;
  6. Bar you from playing or registering at iGamio in the future, as we reserve full discretion to restrict you from playing our online fantasy games/tournaments/contests.

The action taken by us will be solely due to your breach of our Terms and Conditions; the action shall be final and decisive that will be binding on you. Any action taken by us will be without prejudice to our other rights and remedies that are mentioned and available in law or equity.

TERMINATION

We reserve the right, at our discretion, to immediately, with or without notice, suspend or terminate your registration, the Terms and Conditions and/or your access to all or any portion of the iGamio site and/or remove any registration information or User Content from the iGamio site. Upon termination or expiration of the Terms and Conditions, your obligations and iGamio 's rights and disclaimers survive, but your right to use the iGamio site immediately ceases.

DISCLAIMERS DISCLAIMERS

iGamio shall make best endeavors to ensure that the platform (website/app) is error-free and secure. However, neither iGamio nor any of its partners, licensors or associates make any warranty that:

iGamio holds all the rights to rectify any errors identified in the determination of winners or in the transfer of amounts to a User's account, using various methods as it deems fit, including (but not limited to) through a set-off of the mistaken payment from amounts due to the User or deduction from the User's account of the amount of mistaken payment. In such events, iGamio agrees to notify the User about the error and the rectification measure adopted to address the error.

Complying to the legal bodies and authorities neither iGamio nor its partners, licensors or associates disclaims any sort of responsibility 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.

iGamio is authorized to cancel any events or contest(s) requiring specific permission or authority from any statutory authority or any State or the Central Government, or the board of directors or any events wherein such permission or authority is either not obtained or denied either before or after the organization of the relevant events or contest(s).

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 iGamio .

FORCE MAJEURE

Neither party to these Terms and Conditions shall be liable for any loss and/or any failure to perform any obligation under these Terms and Conditions due to causes beyond its reasonable anticipation or control including real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident and defect in electricity or telecommunication network, among other events.

Force Majeure and/or another event beyond iGamio ’s control hindering, delaying or complicating the maintenance of the iGamio Game/Tournament/Contest, shall entitle iGamio to suspend or limit the iGamio Game/Tournament/Contest until further notice.

ENTIRE AGREEMENT

The Terms and Conditions and Privacy Policy, as amended from time to time, constitute the entire agreement between you and iGamio . If any provision of these Terms and Conditions is considered unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.

ABILITY TO ACCEPT TERMS AND CONDITIONS

You affirm that you are aboveeighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

iGamio takes children's privacy seriously and encourages parents and/or guardians to play an active role in their children's online experience at all times. iGamio does not knowingly collect any personal information from children below the aforementioned age and if iGamio learns that iGamio has inadvertently gathered personal data from children under the aforementioned age, iGamio shall take all reasonable measures to promptly delete such personal data from iGamio ’s records.

You further represent and warrant that you are not located in any Excluded State in India where iGamio is prohibited to be offered and/or accessed under the Indian laws.

ASSIGNMENT

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by iGamio without restriction.

CHANGES TO TERMS AND CONDITIONS

We reserve the right, to modify these Terms and Conditions at any time. Any changes to Terms and Conditions will be posted on the iGamio site and it is your responsibility to review these Terms and Conditionsfor any changes. Your continued use of the iGamio site following a posting of changes is your agreement to the changes/amendments and you shall be bound by the current and updated version of these Terms and Conditions. If any changes/amendments to these Terms and Conditions are unacceptable to you, you must discontinue the use of services offered by iGamio . We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the iGamio site, including for any violation of any provision of these Terms and Conditions. We also reserve the right to change the iGamio site without notice to you, at any time.

WAIVER

No waiver of any terms of theseTerms and Conditions shall be deemed a further or continuing waiver of such term or any other term and iGamio ’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

RELATIONSHIP

None of the provisions of the Terms and Conditions shall be deemed to constitute a partnership or agency between you and iGamio and you shall have no authority to bind iGamio in any manner, whatsoever. If you are registering on the iGamio site as a business entity, you represent that you have the authority to bind the entity to this Agreement.