‘SportzXchange ‘is a brand of SX Technologies Private Limited (“SportzXchange” or “us” “or “we” or “it”), and through the sportzxchange.com website and the SportzXchange mobile application (collectively, “SportzXchange Platform” or “Platform”), it offers sport based online fantasy games.
2Usage of SportzXchange
2.2Any browsing, registering, downloading, using or accessing by any Person of any part of the Platform or utilisation of any of the services offered by SportzXchange will be deemed to constitute a legal contract between the User and SportzXchange.
2.3A User may use the Platform only if (a) it is a natural person, as per any applicable law, regulation or generally accepted practices or guidelines applicable in the country of which User is a citizen, in which User is a resident or from where User uses the Platform; or (b) it is a juristic person, as per any applicable law, regulation or generally accepted industry practices and guidelines applicable in the country where User is registered, where User maintains its principal office or from where User uses the Platform.
2.4Persons below the age of eighteen (18) years are not allowed to participate on any of the contests, games (by whatever name called) on the SportzXchange Platform. The Users will have to disclose their real age at the time of getting access into the SportzXchange Platform.
2.5Any User who is “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. is not eligible to use the Platform or any services, products, or goods offered by SportzXchange.
2.7If the User does not agree with these Terms and Conditions, such User is urged to not use the SportzXchange Services in any form or manner. Any use of the SportzXchange by the User will be deemed to be an acceptance of the Terms and Conditions.
2.8Certain SportzXchange Services being provided on SportzXchange may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail.
2.9SportzXchange may, at its sole and absolute discretion, including for any breach of these Terms and Conditions by the User:
2.9.1Restrict, suspend, or terminate any User's access to all or any part of SportzXchange or SportzXchange Platform Services;
2.9.2Change, suspend, or discontinue all or any part of the SportzXchange Platform Services;
2.9.3Reject, move, or remove any material that may be submitted by a User;
2.9.4Move or remove any content that is available on SportzXchange Platform;
2.9.5Deactivate or delete a User's account and all related information and files on the account;
2.9.6Establish general practices and limits concerning use of SportzXchange Platform;
2.9.7Offer discounts to its users in a form it deems fit, in accordance with applicable laws ("Cash Bonus" or "Xtra Cash Bonus"). All such discounts shall be credited in a separate account called as Cash Bonus Account.
2.9.8Revise or make additions and/or deletions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant Sports Event;
2.9.9Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids).
2.10In the event any User breaches, or SportzXchange reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used SportzXchange or the SportzXchange Services, SportzXchange may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to all or any part of SportzXchange Contests or the SportzXchange Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on SportzXchange and further, take technical and legal steps as it deems necessary.
2.11If SportzXchange charges its Users a platform fee in respect of any SportzXchange Services, SportzXchange shall, without delay, repay such platform fee in the event of suspension or removal of the User's account or SportzXchange Services on account of any negligence or deficiency on the part of SportzXchange, but not if such suspension or removal is effected due to:
2.11.1any breach or inadequate performance by the User of any of these Terms and Conditions; or
2.11.2any circumstances beyond the reasonable control of SportzXchange.
2.12Users consent to receiving communications such as announcements, administrative messages and advertisements from SportzXchange or any of its partners, licensors or associates.
3.1SportzXchange includes a combination of content created by SportzXchange, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights including (but not limited to) games, contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, trade names, trade dresses, trade-marks, designs, visual representations, images and human likenesses, audio or video clippings and animations ("Intellectual Property Rights") in all software underlying SportzXchange and the SportzXchange Platform and material published on SportzXchange, is either (a) owned by SportzXchange, its partners, licensors and/or associates or (b) has been duly licensed by SportzXchange so as to permit its intended use as part of the SportzXchange Services. Users may not use (externally, outside the SportzXchange Platform), modify, alter, copy, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the Intellectual Property Rights of SportzXchange either in whole or in part without express written approval from SportzXchange.
3.2Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on SportzXchange ("Users' Content"). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User's Content and that no part of the User's Content infringes any third party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on SportzXchange. Users agree to indemnify and hold harmless SportzXchange, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on SportzXchange, by such User, directly or indirectly or through the User's commissions or omissions.
3.3Users hereby grant to SportzXchange and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users' Content for any of the following purposes:
3.3.1displaying Users' Content on SportzXchange
3.3.2distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or
3.3.3storing Users' Content in a remote database accessible by end users, for a charge.
3.3.4This license shall apply to the distribution and the storage of Users' Content in any form, medium, or technology.
3.4All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on SportzXchange(s) belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to SportzXchange.
4Third Party Sites, Services and Products
4.1SportzXchange may contain links to other internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. SportzXchange does not exercise control over any other internet sites apart from the SportzXchange Platform and cannot be held responsible for any content residing in any third- party Internet site. SportzXchange's inclusion of third-party content or links to third-party Internet sites is not an endorsement by SportzXchange of such third-parties including their internet sites or any other representation available to the User.
4.2Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users' correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that SportzXchange will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
4.3The SportzXchange Platform may contain content that is created by SportzXchange as well as content provided by third parties. SportzXchange does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the SportzXchange Services.
6.1Users agree to abide by these Terms and Conditions. In the event User does not abide by these Terms and Conditions, SportzXchange may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
6.1.1restricting, suspending, or terminating any User's access to all or any part of SportzXchange Services;
6.1.2deactivating or deleting a User's account and all related information and files on the account. Any amount remaining unused in the User's Game account or Winnings Account on the date of deactivation or deletion shall be transferred to the User's bank account on record with SportzXchange subject to a processing fee (if any) applicable on such transfers as set out herein; or
6.1.3refraining from awarding any prize(s) to such User.
6.2Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by SportzXchange) and any actions taken by SportzXchange in furtherance of and based on such information shall not be challenged by such Users. Users further agree to update and keep updated their registration information.
6.3A User shall not register or operate more than one User account with SportzXchange.
6.4Users agree to ensure that they can receive all communication from SportzXchange by marking e-mails or sending SMSs from SportzXchange as part of their ‘safe senders’ list. SportzXchange shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User's junk or spam folder.
6.5Any password issued by SportzXchange to a User may not be revealed to anyone else. Users may not use anyone else's password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify SportzXchange of any unauthorized use of their passwords or accounts or any other breach of security.
6.6Users agree to exit/log-out of their accounts at the end of each session. SportzXchange shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
6.7Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to rig, modify or interfere with SportzXchange Services and/or SportzXchange experience or assist in such activity.
6.8Users 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 software underlying SportzXchange or SportzXchange’s Services.
6.9Users agree that without SportzXchange's express written consent, they shall not modify or cause to be modified any files or software that are part of SportzXchange's Services.
6.10Users 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 SportzXchange or the SportzXchange’s Services (each a "Server"); or (2) the enjoyment of SportzXchange Services by any other User or person.
6.11Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt SportzXchange Services or any other person's use or enjoyment of SportzXchange Services.
6.12Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to SportzXchange Services by any means other than the User interface provided by SportzXchange, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of SportzXchange Services.
6.13Without limiting the foregoing, Users agree not to use SportzXchange for any of the following:
6.13.1To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
6.13.2To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
6.13.3To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any content on social media or any other platform that can be disparaging to, harmful to or bring disrepute to SportzXchange or any of its directors, officers, employees and agents;
6.13.4To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
6.13.5To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, SportzXchange, any software, hardware, or telecommunications equipment;
6.13.6To advertise, offer or sell any goods or services for any commercial purpose on SportzXchange without the express written consent of SportzXchange;
6.13.7To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
6.13.8To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
6.13.9To restrict or inhibit any other user from using and enjoying any public area within our sites;
6.13.10To collect or store personal information about other Users;
6.13.11To interfere with or disrupt SportzXchange, the Servers, or networks;
6.13.12To impersonate any person or entity, including, but not limited to, a representative of SportzXchange, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
6.13.13To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through SportzXchange or to manipulate User's presence on SportzXchange(s);
6.13.14To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
6.13.15To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
6.14If a User chooses a username that, in SportzXchange's considered opinion is obscene, indecent, abusive or that might subject SportzXchange to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, SportzXchange reserves the right, without prior notice to the User, to restrict usage of such names, which in SportzXchange’s opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and posts from SportzXchange, deny such User access to SportzXchange, or any combination of these options.
6.15Unauthorized access to SportzXchange is a breach of these Terms and Conditions. Users agree not to access SportzXchange by any means other than through the interface that is provided by SportzXchange for use in accessing SportzXchange. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
6.16Use of SportzXchange is subject to existing laws and legal processes of the Republic of India. Nothing contained in these Terms and Conditions shall limit SportzXchange's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of SportzXchange.
6.17Users may reach out to SportzXchange Support if the user has any concerns with regard to a match and/or Contest within Forty-Eight (48) hours of winner declaration for the concerned contest.
6.18SportzXchange may not be held responsible for any content contributed by Users on the SportzXchange.
7Conditions of Participation
By entering a Contest, User agrees to be bound by these Terms and Conditions and the decisions of SportzXchange. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user 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 which includes, but is not limited to:
7.1Falsifying 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 SportzXchange to enter a contest and/or claim a prize/winning.;
7.2Engaging 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.;
7.3Colluding with any other user(s) or engaging in any type of syndicate play;
7.5Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
7.6Using 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 for any purpose
7.7Any type of Cash Bonus misuse, misuse of the Invite Friends program, or misuse of any other offers or promotions;
7.8Tampering 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;
7.9Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (Spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to SportzXchange Users, sending unwarranted email content either to selected Users or in bulk); or
7.10Abusing the Platform in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of Abuse)
It is clarified that in case a User is found to be in violation of these Terms and Conditions, SportzXchange 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.
8.1Persons below the age of eighteen (18) years are not allowed to participate on any of the contests, games (by whatever name called) on the SportzXchange Platform. The Users will have to disclose their real age at the time of getting access into the SportzXchange Platform.
8.2The Contest(s) are open only to persons, currently residing in India, subject to paragraph 8.3 below.
8.3SportzXchange may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Cash Contest(s). Currently, individuals residing in the Indian states of Assam, Odisha, Sikkim, Nagaland, Andhra Pradesh, Tamil Nadu, Meghalaya and Telangana may not participate in the paid version of any Contest or any section of the Platform where participants are required to pay to enter.
8.4Persons who wish to participate must have a valid email address.
8.5SportzXchange may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be one with insider knowledge of participating teams in any given contests/match, organizing boards, leagues etc.
8.6Only those Users who have successfully registered on the SportzXchange as well as registered prior to each match in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.
9.1Currently, Contests related to (a) fantasy cricket game and ( b) fantasy football game are made available on SportzXchange. Registered Users who are participating in a Contest shall be referred to as “Participants”.
9.2Cash Contests & Practice Contests
Cash Contests are those Contests which require the User to join by payment of an entry fee (“Entry Fee” and the Contest shall be referred to as a “Cash Contest”). The Entry Fee could vary for different Cash Contests.
The Platform, may, at its discretion offer a Cash Contest at a discounted Entry Fee or for free to the Users.
The Entry Fee includes a pre-determined platform fee for accessing SportzXchange Services and a pre-determined Participant’s contribution towards prize money pool, which shall be indicated to the User on the Platform prior to the User entering the Cash Contest.
Practice Contests are Contests which are available on the Platform which users can join without payment of any Entry Fee. Users who join Practice Contests are not eligible for cash prizes even if they win as per the rules of the Contest.
9.3Public Contests & Private Contests
9.3.1 Public contest
22.214.171.124 In the Public contest format of the Contest(s), SportzXchange may make available the Contest(s) comprising of a maximum pre-designated number of Entries or an unlimited number of Entries and such Public contest(s) shall be open to all Users for participation except as specifically mentioned in these Terms and Conditions. In case, the pre-designated number of Entries is not specified, the Contest(s) shall be deemed to have unlimited number of Participants.
126.96.36.199 The minimum number of Entries required to make the Contest(s) operational will be pre-specified and once the number of Entries in such Contest(s) equals the pre- specified number required for that Contest(s) at the Joining Deadline of such Contest(s), then such Contest(s) shall be operational, and such contests shall then be designated as ‘Confirmed’ Contest(s).
SportzXchange may also offer certain Contest(s) where the maximum number of Entries is specified and unless the actual number of Entries equals the maximum number of Entries for that Contest at the Joining Deadline, the said Contest shall be cancelled and shall not be operational.
All such Contest(s), shall be designated as ‘Unconfirmed’ Contest(s), till the time they are operational and designated as ‘Confirmed’ Contests by SportzXchange. In the event, an ‘Unconfirmed’ Contest is cancelled prior to it being operational, then the Entry Fee collected from the Users who had joined the ‘Unconfirmed’ Contest shall be refunded back to such Users’ accounts/ source through/vide which the User had made the payment to join the Contest. The pre-specified number of Entries required to make a Contest operational shall be 2 unless specifically mentioned otherwise and in no condition shall the number of Participants be less than 2 in order for a Contest to be operational.
188.8.131.52 SportzXchange may make available Contest(s) in which the Prize Pool to be distributed amongst the winners of the Contest shall vary in accordance with the total number of Entries made by Participants as on the Joining Deadline (“Variable Prize Pool”) of the Contest(s). As a variant, SportzXchange may also offer Contest(s) in which the Prize Pool to be distributed amongst the winners of the Contest shall be fixed regardless of the total number of Entries made by Participants as on the Joining Deadline (“Fixed Prize Pool”) of the Contest(s).
However, Contest(s) with Variable Prize Pool or Fixed Prize Pool shall be operational in accordance to provisions of article 184.108.40.206.
9.3.2 Private contest
220.127.116.11 In the Private contest format of the Contest(s), SportzXchange enables Users to create a contest ("Private contest”) and invite other users, whether existing Users or otherwise, ("Invited User") to create Team Portfolio(s) and participate in the Contest(s). Users may create a Private contest to consist of a pre-specified number of Participants, that is, consisting of either 2 - 1000 Participants. The User creating the Private contest shall pay the pre-designated amount for such Private contest and thereby join that Private contest and shall supply a name for the Private contest and be provided with a unique identification code ("Contest Code") (which will be issued to the account of such User). The User agrees and understands that once the Private contest is created no change shall be permitted in the terms or constitution of the Private contest, except for a change in the name of the contest. The User creating the Private contest shall provide SportzXchange with the email address or Facebook account username of Invited Users to enable SportzXchange to send a message or mail inviting such Invited User to register with SportzXchange (if necessary) and participate in the Private contest in relation to which the invite has been issued.
18.104.22.168 In order to participate in the Private contest, an Invited User shall input the Contest Code associated with the Private contest and pay the pre-designated amount for the Private contest. Once the number of Participants in a Private contest equals the number of pre-specified Participants for that Private contest, the Private contest shall be rendered operative and no other Invited Users or Users shall be permitted to participate in the Private contest. In the event that any Private contest does not contain the pre-specified number of Participants for that Private contest within the Joining Deadline of the Private Contest, the Platform will initiate an automatic refund of the amount deposited. Such refund shall be processed after the expiry of the deadline for filling of participants for such Private Contest.
22.214.171.124 It is clarified that the participation of Invited Users in any Private contest is subject to the pre-specified number of Participants for that Private contest, and SportzXchange shall not be liable to any person for the inability of any Invited User to participate in any Private contest due to any cause whatsoever, including without limitation due to a hardware or technical malfunction or lack of eligibility of such Invited User to participate in the Contest(s).
Unless specified as ‘Private’, all Contest(s) shall be deemed to be Public Contest(s)
9.4Contest Deadline (applicable to all Contests)
SportzXchange reserves the right to abandon a specific round or adjust the Contest Deadline of a round in certain specific, uncertain scenarios, which are beyond SportzXchange’s Participants’ reasonable control, including but not limited to the ones’ mentioned herein below:
9.4.1 Actual match start time is before the official deadline:
SportzXchange reserves the right to adjust the deadline by a Maximum of 10 minutes or 3 overs bowled, whichever is less, before the official match start time.
In cases where official match time cannot be verified by SportzXchange through reliable and/or publicly available sources, SportzXchange reserves the right to adjust the deadline to such a time by which a maximum of 3 overs in the given match are bowled.
9.4.2 Actual match start time is after the Contest Deadline:
SportzXchange reserves the right to extend the deadline or abandon the Contest/match based on the circumstances such as delayed toss, interruption on account of weather, non-appearance of teams, technical/equipment glitches causing delays etc.
Notwithstanding and in addition to the above, SportzXchange reserves the right to modify the Joining Deadline, Trading Period, trading sessions and Contest Deadline at any time for any reason whatsoever.
SportzXchange shall endeavour to send communications through emails and/or SMS communication and/or through notifications to the User’s account on SportzXchange, about any such change as is contemplated in the aforementioned paragraphs to keep the User updated.
10Registration for a Contest
Participants in a Contest are invited to create their own Team Portfolio(s) (also referred as "Portfolio(s)") or Teams (as detailed in the Contest Rules and Conditions which are an integral part of the Terms and Conditions) consisting of player units of real life sportspersons (as applicable for the sport offered in the Contest) involved in the real-life sporting match (as applicable), series or tournament (each a "Sport Event") to which the Contest relates. SportzXchange offers its platform to Participants for fantasy game Contest(s) being created relating to each Sport Event, and Participants can participate in such Contest(s) with their Team Portfolios or Teams, as may be applicable. A Participant may create different Team Portfolios or Teams, as applicable for participation in Contest(s) in relation to a Sport Event across the SportzXchange Services. However, unless SportzXchange specifies otherwise in relation to any Contest, Participants acknowledge and agree that they may enter only one Team Portfolio or Team, as the case may be in any Contest offered in relation to a Sport Event for a specific entry of the Participant in the Contest (each such Team Portfolio or Team entered by a Participant in a single Contest being referred as “Entry”)., The Platform may offer a variant ("Multiple Entry Contest") in which case, a Participant may be permitted to enter more than one Team or Team Portfolio. In addition, it is expressly clarified that SportzXchange may, from time to time, at its sole discretion, restrict the maximum number of Entries that may be permitted for a Participant (for each format of the Contest) in a particular Multiple Entry Contest. Unless, otherwise specified as a Multiple Entry Contest, all Contest(s) shall be deemed to be a “Single Entry Contest” (a Contest in which a Participant is permitted to enter only one Team Portfolio or Team as the case may be)
10.1In order to register for the Contest(s), Participants will be required to accurately provide the following information:
10.1.2Unique Team Portfolio Name(s)
10.1.5State of Residence
10.1.7Date of birth
10.2Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
10.3In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Odisha, Sikkim, Nagaland, Andhra Pradesh, Tamil Nadu, Meghalaya and Telangana, such Participant will not be permitted to (a) proceed to sign up for any Cash Contest on the Platform, or (b) proceed to any section of the Platform where Users are required to make payments to access any features or details.
10.4Once the Participants have entered the above information, and clicked on the ‘register’ tab, and such Participants are above the age of 18 years, they are sent an email confirming their registration and containing their login information.
11Tabulation of fantasy points
SportzXchange may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s) and/or official website of the match organiser. In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, abandonment of a match etc., as a result of inaccuracies in or incompleteness of the feed provided by the third party service provider and/or official website of the match organiser comes to its attention, SportzXchange shall use best efforts to rectify such error prior to the distribution of prizes. However, SportzXchange hereby clarifies that it relies on the accuracy and completeness of such third party score/statistic feeds and does not itself warrant or make any representations concerning the accuracy thereof and, in any event, shall take no responsibility for inaccuracies in computation and tabulation of fantasy points or the selection of winners as a result of any inaccurate or incomplete scores/statistics received from such third party service provider. Users and Participants agree not to make any claim or raise any complaint against SportzXchange in this respect.
In the unlikely event that any error in the computation or tabulation of fantasy points, selection of winners, abandonment of a match etc., as a result of inaccuracies in or incompleteness of the feed provided by the third-party service provider and/or official website of the match organiser comes to its attention, SportzXchange shall use best efforts to rectify such error prior to the distribution of prizes.
12Selection and Verification of Winners and Conditions relating to the Prizes Selection of Winners
12.1 The Participant with the highest aggregate Team/Team Portfolio value (as defined in Contest Rules and Conditions) 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.
12.2 Winners will be decided on the basis of the values of the Team / Team Portfolio in a designated match (which may last anywhere between one day and an entire tournament) of the Contest(s). The Participant(s) owning the Team / Team Portfolio(s) with the highest value of a single Team / Team Portfolio in a particular match shall be declared the Winner(s). In certain pre-specified Contests, SportzXchange may declare more than one Winner and distribute prizes to such Winners in increasing order of their Team's aggregate score at the end of the designated match of the Contest. The contemplated number of Winners and the prize due to each Winner in such Contest shall be as specified on the Contest page.
12.3 Participants creating Teams on behalf of any other Participant or person shall be disqualified.
12.4 In the event of a tie, or If two or more Participants have the same Final Team/Team Portfolio Value, the winning Participants will be awarded the same rank and the Participant with the next best Final Portfolio Value will be awarded a rank after adjusting for the number of Participants who were awarded the same rank.
Eg: If 3 players had the same Final Team / Team Portfolio Value and were awarded Rank 4 in the Contest, then the Participant with the next best Final Team / Team Portfolio Value shall be awarded Rank 7
If two or more Participants have the same Rank then the prizes allotted to their Rank and the subsequent Ranks (number of prizes being added shall equal the number of players with the same rank). The resultant total prize shall be shared equally between these players.
Eg: If 3 players had the same Final Team / Team Portfolio Value and were awarded Rank 4 in the Contest, then the prizes for Rank 5, Rank 6 and Rank 7 would be added and the resultant prize would be shared equally between the three players
12.5 SportzXchange shall not be liable to pay any prize if it is discovered that the Winner(s) have not abided by these Terms and Conditions, and other rules and regulations in relation to the use of the Platform, Contest Rules, etc.
13.1 Winners shall be contacted by SportzXchange or the third party conducting the Contest on the e-mail address provided at the time of registration. The verification process and the documents required for the collection of prizes shall be detailed to the Winners at this stage. As a general practice, winners will be required to provide following documents:
A) Photocopy of the User's PAN card;
B) Photocopy of a government-issued residence proof;
C) User's bank account details and proof of the same.
SportzXchange shall not permit a Winner to withdraw his/her prize(s)/accumulated winnings unless the above-mentioned documents have been received and verified within the time-period stipulated by SportzXchange. The User represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate.
Participants are required to provide proper and complete details at the time of registration. SportzXchange shall not be responsible for communications errors, commissions or omissions including those of the Participants due to which the results may not be communicated to the Winner.
The list of Winners shall be posted on a separate section on the SportzXchange Platform.
13.2 Verification process
Only those Winners who successfully complete the verification process and provide the required documents within the time limit specified by SportzXchange in its communication shall be permitted to receive their winnings. SportzXchange shall not entertain any claims or requests for extension of time for submission of documents.
SportzXchange shall scrutinize all documents submitted and may, at its sole and absolute discretion, disqualify any Winner from receiving any winnings (or any part thereof) on the following:
13.2.1Determination by SportzXchange that any document or information submitted by the Participant is incorrect, misleading, false, fabricated, incomplete or illegible; or
13.2.2Participant does not fulfil the Eligibility Criteria specified in Clause 8 above
13.3 Taxes Payable
All prizes shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961 or such other laws as may be applicable from time to time. 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.
The decision of SportzXchange with respect to the awarding of prizes shall be final, binding and non-contestable.
Participants playing the paid formats of the Contest(s) confirm that they are not residents of any of the following Indian states – Andhra Pradesh, Assam, Odisha, Sikkim, Nagaland or Telangana. If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the abovementioned states, SportzXchange shall disqualify such Participant and any prize won by such Participant shall be immediately cancelled and forfeited. Further SportzXchange may, at its sole and absolute discretion, suspend or terminate such Participant's account with SportzXchange. Any amount remaining unused in the User's Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User's bank account on record with SportzXchange, subject to the processing fee (if any) applicable on such transfers as set out herein.
If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), SportzXchange shall be entitled, at its sole and absolute discretion, to disqualify such Participant and cancel his/her prize with immediate effect. Further, SportzXchange may, at its sole and absolute discretion, suspend or terminate such Participant's account.
To the extent permitted by law, SportzXchange makes no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same.
SportzXchange may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against SportzXchange or question its right to modify such prizes being offered, prior to closure of the Contest.
SportzXchange will not bear any responsibility for the transportation or packaging of prizes to the respective winners. SportzXchange shall not be held liable for any loss or damage caused to any prizes at the time of such transportation.
The Winners shall bear the shipping, courier or any other delivery cost in respect of the prizes.
The Winners shall bear all transaction charges levied for delivery of cash prizes.
All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.
Acceptance of a prize by the Winner constitutes permission for SportzXchange, and its affiliates to use the Winner's name, images, photographic representations, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and promotion without any further permissions or consents and / or additional compensation whatsoever. The Winners undertake that they shall promptly provide their images, photographic representations and other promotional material which SportzXchange may request them to provide and also reasonably assist SportzXchange in such promotions, without any further additional compensation whatsoever for such promotions. SportzXchange may also request the Winners to carry out specific promotional material including but not limited to posts on their respective social media like facebook, Instagram, twitter etc., which the Winners may, at their sole discretion, carry out without any additional compensation whatsoever from SportzXchange.
The Winners further undertake that they may be contacted for promotional purposes by SportzXchange for carrying out certain promotional activities. The exact dates remain the sole discretion of SportzXchange. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions and the Winners may participate in such activities at their own discretion.
In respect of any transactions entered into on the SportzXchange Platform, including making a payment to participate in the Cash Contest(s), Users agree to be bound by the following payment terms:
15.1 Subject to these Terms and Conditions, all amounts collected from the User are held by SportzXchange in separate non-interest earning bank account(s). The said accounts are operated by a third party appointed by SportzXchange in accordance with these Terms and Conditions.
15.2 From these bank accounts, the pay outs can be made to
(a) Users (towards their withdrawals),
(b) SportzXchange (towards its Platform Fees)
(c) Government (towards TDS on Winnings Amount) or other taxes in connection with the User’s participation in the Contest(s).
15.3 SportzXchange receives only its share of the Platform Fees through the said third party / Trustee / Escrow Agent.
15.4 SportzXchange reserves the right to charge a Platform Fee, which would be specified and notified by SportzXchange on the Contest page, being created on SportzXchange 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.
15.5The User may participate in a Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool or Prize 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 SportzXchange has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User’s account balance maintained with the Trustee.
15.6Any user availing SportzXchange services are provided with two categories of accounts for the processing and reconciliation of payments: (i) 'Unutilized' Account, (ii) Winnings Account. It is clarified that in no instance the transfer of any amounts in the User's accounts to any other category of account held by the user or any third party account, including a bank account held by a third party:
15.6.1User's winnings in any Contest will reflect as credits to the User's Winnings Account.
15.6.2User’s remittances of amounts using the designated payment gateway(s) shall be credited to User’s Unutilized Account’.
15.6.3Each time a User participates in any contest on SportzXchange platform, the pre-designated amount shall be debited in the User’s account. In debiting amounts from the User’s accounts towards the pre-designated amount of such user shall be debited from the User’s Unutilized Account and thereafter, any remaining amount of participation fee shall be debited from the User’s Winning Account.
15.6.4In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Contest(s), the User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s ‘Unutilized’ Account and will be available for use in participation in any match(s) or Contest(s) or for withdrawal in accordance with these Terms and Conditions.
15.6.5Debits from the ‘Unutilized’ Account for the purpose of enabling a user’s participation in a Contest shall be made in order of the date of credit of amounts in the ‘Unutilized’ Account, and accordingly amounts credited into ‘Unutilized’ Account earlier in time shall be debited first.
15.6.6A User shall not be permitted to withdraw any amounts credited into such User's 'Unutilized' Account for any reason whatsoever, unless a request to withdraw is made by the User to SportzXchange Customer Support and the request to withdraw is specifically agreed to by SportzXchange, which shall be subject to and carried out in accordance with paragraph 15.6.9 below . The minimum amount that can be withdrawn by a User from his/her Unutilised Account is ₹ 1000 (Rupees One Thousand only) or such other amount as may be specified by SportszXchange from time to time.
15.6.7All amounts credited into a User's 'Unutilized' Account must be utilised within 364 days of credit. In case any unutilised amount lies in the 'Unutilized' Account after the completion of 364 days from the date of credit of such amount, SportzXchange reserves the right to forfeit such amount, without any liability or any other obligation to the User.
15.6.8 Subject to a minimum of ₹100 (Rupees One Hundred only) or such minimum amount which may be stipulated by SportzXchange from time to time, the withdrawal of any amount standing to the User's credit in the Winnings Account may be made by way of a request to SportzXchange, but shall in any case occur automatically upon completion of 364 days from the date of credit of such amount in the User's Winnings Account (“Auto Transfer Date”) provided all necessary details and documents to effectuate such a transfer have been provided by the User to SportzXchange including completion of KYC as required under these Terms and Conditions.
15.6.9 In case of either a withdrawal by the User (as permitted by SportzXchange) or a refund under paragraph 15.6.8 above , SportzXchange shall effect an online transfer to the User's bank account on record with SportzXchange within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Unutilized Account and/ or the Winnings Account, as applicable. SportzXchange shall not charge any processing fee for the online transfer of such amount from the Winnings Account to the User's bank account on record with SportzXchange; however, SportzXchange may charge a specific processing fee for the online transfer of any amounts from the Unutilized Account. Users are requested to note that they will be required to provide all necessary details and documents including valid photo identification, the documents specified under paragraph 13.1 above , address proof documents for proof of identity and address, along with completing the KYC process as per these Terms and Conditions, in order for SportzXchange to process any transfer of any amount. The name mentioned on the User's photo identification document should correspond with the name provided by the User at the time of registration on SportzXchange, as well as the name and address existing in the records of the User's bank account as provided to SportzXchange. In the event that no bank account has been registered by the User against such User's account with SportzXchange, or the User has not verified his/her User account with SportzXchange, to SportzXchange's satisfaction and in accordance with these Terms and Conditions, SportzXchange shall provide such User with a notification to the User's email address as on record with SportzXchange (in case of a refund under paragraph 15.6.8 above , at least 30 days prior to the Auto Transfer Date), and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by such date as may be specified by SportzXchange (which, in the case of a refund under paragraph 15.6.8 above , shall be no later than the Auto Transfer Date), SportzXchange shall be entitled to forfeit any amounts liable to be transferred. Failure to provide SportzXchange with a valid bank account or valid identification documents (to SportzXchange's satisfaction) may result in the forfeiture of any amounts which are liable to be transferred in accordance with these Terms and Conditions.
15.7Further, in order to conduct promotional activities, SportzXchange may gratuitously issue Cash Bonus or Xtra Cash Bonus to the User, which the User can then apply in the form a specified discount to the Entry Fee towards participation in certain Contest(s) as may be identified and designated by SportzXchange. For the purpose of clarification, it is hereby clarified that the extent and quantum of application of the Cash Bonus or the Xtra Cash Bonus as discount towards any Entry Fee will be as specified and determined by SportzXchange for the identified Contest(s) from time to time and may differ inter-se between the Cash Bonus and the Xtra Cash Bonus. Separately, SportzXchange may permit the conversion of Cash Bonus to Xtra Cash Bonus in a User’s account subject to terms and conditions of SportzXchange from time to time. No User shall be permitted to transfer or request the transfer of any amount granted as Cash Bonus / Xtra Cash Bonus, into such User’s Unutilized and/or Winnings Account. The usage of any Cash Bonus / Xtra Cash Bonus issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such Cash Bonus / Xtra Cash Bonus must be used, as applied by SportzXchange and notified to the User at the time of issue of such amount. The issue of any Cash Bonus to the user is subject to the sole discretion of SportzXchange and cannot be demanded by any User as a matter of right. The issue of any Cash Bonus / Xtra Cash Bonus by SportzXchange on any day shall not entitle the user to demand the issuance of such Cash Bonus / Xtra Cash Bonus at any subsequent period in time nor create an expectation of recurring issue of such Cash Bonus / Xtra Cash Bonus by SportzXchange to such User. The Cash Bonus / Xtra Cash Bonus granted to the User may be used by such User for the purpose of setting off against the Entry Fee in any Contest wholly or partially, in accordance with these Terms and Conditions. It is expressly clarified here that any Cash Bonus / Xtra Cash Bonus applied against the Entry Fee of any Contest(s) shall be considered and accounted for as a discount, which shall first be applied to the Platform Fee and thereafter if any additional amounts from the Cash Bonus / Xtra Cash Bonus applied are yet to be applied as a discount, then those remaining amounts shall be applied against the User’s expected contribution to the Prize Pool. With respect to any Contest(s), a User can only apply Cash Bonus / Xtra Cash Bonus against the Entry Fee up to the extent permitted by SportzXchange, which shall in no case exceed the total Entry Fee of the Contest(s). The Cash Bonus / Xtra Cash Bonus shall not be withdraw-able or transferrable to any other account of the User except as specifically provided for by SportzXchange, including the bank account of such User, or that of any other User or person.. The User expressly acknowledges that all Cash Bonus / Xtra Cash Bonus granted to the User is gratuitous and under no circumstances, including but not limited to SportzXchange permanently closing or temporarily suspending any SportzXchange Services (including any Contest(s)) or the User terminating his/her account with SportzXchange or such account if terminated by SportzXchange, all Cash Bonus / Xtra Cash Bonus granted to the user and unused in in the User’s Cash Bonus / Xtra Cash Bonus account shall return to SportzXchange and the User shall not have any right or interest on such Cash Bonus / Xtra Cash Bonus whatsoever. All Cash Bonus / Xtra Cash Bonus credited in the User account shall be valid for a period of 30 days from the date of credit unless specifically mentioned otherwise as part of a promotion, or as decided otherwise by SportzXchange from time to time. However, it is further clarified that any Cash Bonus amounts converted to Xtra Cash Bonus amounts by the User, if and as permitted by SportzXchange shall have the same validity as the original Cash Bonus amounts which were converted. The Cash Bonus / Xtra Cash Bonus shall lapse at the end of 30 days and the Cash Bonus / Xtra Cash Bonus amount shall not reflect in the User account.
15.8Users agree that once they confirm a transaction on SportzXchange, they shall be bound by and make payment for that transaction.
15.9The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that SportzXchange has on third parties, any transactions on SportzXchange Platform may take up to 48 hours to be processed or such other time period as is typically required for similar transactions to be processed. Any amount paid or transferred into the User's 'Unutilized' Account or Winnings Account may take up to 48 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Similarly, the utilization of the Cash Bonus or money debited from 'Unutilized' Account or Winnings Account may take up to 48 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Users agree not to raise any complaint or claim against SportzXchange in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting of transaction amount into any of the User's accounts. A transaction, once confirmed, is final and no cancellation is permissible.
SportzXchange may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.
16Legality of Game of Skill
16.1The Contest (s) offered as part of the SportzXchange Services are games of skill, as success of Participants depends primarily on their superior knowledge of the games of cricket and/or golf and/or football and/or basketball and/or hockey and/or kabaddi (as applicable), statistics, knowledge of players' relative form, age, injuries, players' performance in a particular situation/territory/stadiums/locations/ conditions and/or formats (such as ODIs, test cricket and Twenty20 in the cricket fantasy game), attention and dedication towards the Contest(s) and adroitness in playing the Contest(s).
16.2The Contest(s) also requires Participants to make trades in player units such that their team portfolio(s) are well-balanced with limited resources and make substitutions at appropriate times to gain the maximum points/credits. The buying and selling of Player units on SportzXchange as part of the Contests are to be purely determined by the User’s skill and there is no intervention from the Platform in determining the Players Units that are drafted into a User’s portfolio. Users must apply and utilise significant knowledge to judge the likely performance of each of his/her selected Players in upcoming Contests. Further, the Users are required to invest time and effort in analysing and tracking the performance of his/her selected Players and other eligible Players available for selection/trading to include in their respective portfolio to maximize the portfolio’s value.
16.3By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
17.1 If it comes to the notice of SportzXchange that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of SportzXchange that conduct of any such Contest(s) is prohibited, then SportzXchange shall withdraw and / or cancel such Contest(s) without prior notice to any Participants or winners of any Contest(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest or Contest it in any manner.
17.2Employees, directors, their affiliates, relatives and family members of SportzXchange, will not be eligible to participate in any Cash Contest(s).
18Dispute and Dispute Resolution
18.1The courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the SportzXchange Services provided by SportzXchange (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or SportzXchange, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
18.2In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
18.3The place of arbitration shall be Mumbai, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
18.4The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
18.5Nothing contained in these Terms and Conditions shall prevent SportzXchange from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard SportzXchange'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 SportzXchange to pursue any remedy for monetary damages through the arbitration described herein.
19Release and Limitations of Liability
19.1Users shall access the SportzXchange Services provided on SportzXchange voluntarily and at their own risk. SportzXchange shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the SportzXchange Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
19.2By entering the contests and accessing the SportzXchange Services provided therein, Users hereby release from and agree to indemnify SportzXchange, and/ or any of its directors, employees, representatives, agents, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the SportzXchange Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
19.3SportzXchange accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes.
19.4Users shall be solely responsible for any consequences which may arise due to their access of SportzXchange Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to SportzXchange Services, including provision of incorrect details/information. Users also undertake to indemnify SportzXchange and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by SportzXchange on account of such act on the part of the Users.
19.5Users shall indemnify, defend, and hold SportzXchange harmless from any third party/entity/organization claims arising from or related to such User's engagement with the SportzXchange or participation in any Contest. In no event shall SportzXchange be liable to any User for acts or omissions arising out of or related to User's engagement with the SportzXchange or his/her participation in any Contest(s).
19.6In consideration of SportzXchange allowing Users to access the SportzXchange Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against SportzXchange, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of SportzXchange Services or related to the Contests or the prizes of the Contests.
20.1 It shall be a User’s sole responsibility to control his/her surroundings and movements at all times when accessing the Platform to ensure that the User doesn’t injure himself/herself, any other persons, damage any property etc. Any use of the Platform is at the User’s own risk and SportzXchange shall not be liable for any death, injury or health complications resulting from a User’s use of the Platform.
20.2 By agreeing to these Terms and Conditions, a User agrees that his/her use of the Platform is at his/her own risk, and it is the User’s responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as the User deems reasonably necessary for any injuries that the User may incur while using the Platform.
20.3 The User hereby agrees that if the terms mentioned herein are not adhered by the User, SportzXchange will be irreparably damaged, and SportzXchange shall therefore be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect to any breach of these Terms and Conditions, in addition to any other remedies available under applicable law.
21.1To the extent permitted under law, neither SportzXchange nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
21.2To the extent permitted under law, SportzXchange shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, SportzXchange Services or sites, cancellation of competition and prizes. SportzXchange disclaims any responsibility for, and if a User pays for access to one of the SportzXchange Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by downtime/errors/technical issues on the servers or the technology that underlies our sites, failures of SportzXchange's service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, SportzXchange does not provide any warranty as to the content on the SportzXchange(s). SportzXchange(s) content is distributed on an ‘as is’ basis.
21.3Any material accessed, downloaded or otherwise obtained through SportzXchange is done at the User's discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User's computer system or loss of data that results from a User's download of any such material.
21.4SportzXchange shall make best endeavours to ensure that the SportzXchange(s) is error-free and secure, however, neither SportzXchange nor any of its partners, licensors or associates makes any warranty that:
21.4.1SportzXchange(s) will meet Users' requirements;
21.4.2SportzXchange(s) will be uninterrupted, timely, secure, or error free;
21.4.3the results that may be obtained from the use of SportzXchange(s) will be accurate or reliable; and
21.4.4the quality of any products, SportzXchange Services, information, or other material that Users purchase or obtain through SportzXchange(s) will meet Users' expectations.
21.5In case SportzXchange discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User's account, SportzXchange reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, SportzXchange agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
21.6To the extent permitted under law, neither SportzXchange nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
21.7Any SportzXchange Services, events or Contest(s) being hosted or provided, or intended to be hosted on SportzXchange platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant SportzXchange Services, events or Contest(s) are hosted or provided.
21.8To the extent permitted under law, in the event of suspension or closure of any Services, events or Contests, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
22.1SportzXchange may be required under certain legislations, to notify User(s) of certain events. User(s) hereby acknowledge and consent that such notices will be effective, subject to applicable laws, upon SportzXchange posting them on the SportzXchange or delivering them to the User through the email address provided by the User at the time of registration. User(s) may update their email address by logging into their account on the SportzXchange. If they do not provide SportzXchange with accurate information, SportzXchange cannot be held liable for failure to notify the User.
22.2SportzXchange shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond SportzXchange's control such as acts of God, epidemics, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials, actions or inactions including any express orders/notifications of a governmental authority, or any cancellation of any real-world event to which a Contest relates. In such circumstances, SportzXchange shall also be entitled to cancel any related Contest(s) and to process an appropriate refund for all Participants.
22.3SportzXchange's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
22.4Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SportzXchange or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.
22.5 For the benefit and convenience of Users, we may set out/specify/highlight/elaborate/include additional details about Contests, promotional/referral offers, offerings and products of ours or about the Platform in general including its use and access by Users (such additional details to be referred to as “Additional Details”), which Additional Details shall be deemed to be a part of these Terms and Conditions by way of reference, regardless of whether such Additional Details specifically refer to the Terms and Conditions. It is hereby clarified that in case of any conflict between these Terms and Conditions and the Additional Details, the relevant portion of the Terms and Conditions shall prevail at all times.
22.6These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and SX Technologies Private Limited and govern your use of the SportzXchange, superseding any prior agreements that any User may have with SX Technologies Private Limited.
22.7If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force.
22.8SportzXchange reserves the right to moderate, restrict or ban the use of the SportzXchange, specifically to any User, or generally, in accordance with SportzXchange's policy/policies from time to time, at its sole and absolute discretion and without any notice.
22.9SportzXchange may, at its sole and absolute discretion, permanently close or temporarily suspend any SportzXchange Services (including any Contest(s)).
22.10SportzXchange may from time to time conduct/organize, promotions/offers on the Platform, the specific details of which shall be separately provided to and be made accessible for the Users under the ‘Promotions/Offers’ tab on the Platform. Any two or more promotions cannot be clubbed together with any other promotions that are running simultaneously on the SportzXchange Platform, unless expressly permitted by SportzXchange.