‘Rotobash’ is an online fantasy game website operated by ‘ROTOBASH APPS PRIVATE LIMITED’ (hereinafter referred to as ‘us’, ‘we’, ‘our’). The website provides online cricket fantasy game through its website ‘Rotobash.com’ and also through web based applications, and mobile applications.
The Use (which shall mean and include access, use, visit, browse, download from, upload to, utilize but not restricted to these) of the website (which shall include website or web based application or mobile application or any feature or component or part or page or section of these by whatever name called) shall be governed by these Terms and Conditions. If you choose to use the website in any manner you shall be accepting the Terms and Conditions. And your use shall be governed by these Terms and Conditions every time you visit the website, when you make registration, upon providing any information on website. By way of these Terms and Conditions you are contracting with Rotobash Apps Private Limited, which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.
For the purpose of these Terms and Conditions, the word ‘You’, ‘User’, ‘Player’ shall include any legal or natural person who uses the website. To use the website you need to accept the Terms and Conditions herein as amended from time to time by us. By choosing the ‘I agree’ option on the Home Page or ‘Start Playing’ button or logging in through third party website such as ‘Facebook’ or ‘Google’ or any other website as permitted by us you are accepting the Terms and Conditions contained herein. If you do not accept with the Terms and Conditions herein do not click on ‘I agree’ or ’Start Playing’ button or login through third party web site and/or use the website or otherwise access the website.
We reserve the right to amend the Terms and Conditions at our discretion. We may post revised version of the Terms and Conditions on the website. Unless expressed otherwise the Terms and Conditions or any part of it shall become effective from the time it is posted on the website. You are advised to regularly check for amendments to the Terms and Conditions. We may inform the registered users of any amendment of Terms and Conditions by way of registered email or by notification in the user accounts. You may inform of non-acceptance in the manner provided in time bound manner after which it will be understood that you have accepted the Terms and Conditions.
Certain times we may provide services or run promotional offers which may be subject to additional terms and conditions. The user will have to accept these terms before use of such services or offers. To the extent where it relates to the additional services or offers, the additional terms and conditions shall prevail if inconsistent with these Terms and Conditions contained herein.
At the outset we hereby disclose that we hold absolute rights and discretion to the following:
We reserve the right to restrict a user’s right to access the website, or delete the user’s account or all user information in the event the user breaches the Terms and Conditions or does or takes part in any illegal or improper conduct or unauthorized activity in relation to the website. Also in such an event we reserve the right to take proper legal steps and take any action as we deem fit to protect our interests, that of our associates and service providers. Our decision in this respect shall be final and binding on you.
Subject to your agreement and continuing compliance with these Terms and Conditions and any other relevant policies, we grant you a non-exclusive, non-transferable, license for your own entertainment including gaming purposes. You agree not to use the website for any other purpose.
In order to register for the website, users must provide the following valid and correct information:
Full Name (First Name and Last Name), E-mail address, Password, Country, State of Residence, a valid PAN (Permanent Account Number), a valid and active Bank Account, and Date of Birth. We do not take any responsibility for any incomplete and incorrect information and same shall be dealt with in accordance with these Terms and Conditions. The PAN and valid Bank Account with a bank that is NEFT in the name of the user is mandatorily required to facilitate the transfer of any amount due to the user.
If required by law we may require you to provide us with KYC details and you agree to provide the same as and when called upon.
Users are also required to confirm that they have read, and shall abide by, these Terms and Conditions. The website is a medium to play game(s) of skill, many states in the country have their own legislation on permitting citizens in participating in game of skill, payment of prize etc. User must before registering confirm it is permitted under relevant laws as in force to participate and play game(s) on the website. We do not take any liability or responsibility including criminal liability in the event the user’s participation on the website is held illegal or any action is initiated against the user.
In the event a User indicates, while entering an address or bank account, that he/she is a resident of or has his/her bank account in either Assam, Odisha or Telangana, such User will not be permitted to complete the Registration.
In case Registration is carried out through social networking sites such as Facebook, or Google or any other site, in that case you hereby fully authorize us and give your absolute consent to obtain your information as may be necessary for registering you with us. Even when you choose to Register on the website through third party sites as permitted by us, you will be required to provide other information necessary for registration on the website which we have not received or taken from the third party sites, whether because they are not available with third party site, or under its policies the third party site cannot disclose the same to us, or you have not permitted the third party site to share your information with other third party(ies).
A visitor or user who is invited by existing user will also need to register on the website before using the website in any manner and must accept the terms and conditions before using the website
We may also provide you with an option to partly complete your Registration; however, a complete user profile/Registration is mandatory for a User to withdraw any of his/her winnings or any other amount due to the user from website.
For being eligible to use the website and to play games on the website the user must meet the following criteria:
The contents of this website, including all software, design, text, images, photographs, illustrations, audio and video material, flash, artwork, items, graphic material, databases, applications, proprietary information and all elements of the website, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, and trade names, unless belonging to any other person, are our property and our Affiliates’, and any of our or their successors, liquidators and assigns, and any of respective licensors, advertisers, suppliers, and operational service providers and are legally protected, without limitation, under applicable law and rules , as well as applicable foreign laws, regulations and treaties.
The services of the website shall at all times be subject to the laws regarding all intellectual properties but not limited to trademark, copyright, patent, and trade secret. Users undertake and agree to abide by such laws including such laws which may come into effect after publishing these Terms and Conditions.
The user is solely responsible for any violation of Terms and Conditions, infringement of intellectual property, violation of any law caused by the user.
On publishing, posting, submitting, sending, storing, sharing any content to, on or through the website the user grants us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights in the information and content, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information. We may use such information to use, copy, transmit, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, print, edit, translate, reformat, exploit and distribute such information. The licence shall be used for publicity, marketing, operating, promoting and developing the website. This license shall continue to operate even if a User stops using Services or terminates this Agreement.
Upon providing his/her personal mobile number on the website for downloading or receiving the app link, User expressly opts-in to receive and provides his/her expressed consent to Rotobash to send, any related sms, message or link on his/her mobile, notwithstanding any DND prohibition that may be applicable to the User’s mobile.
Nothing contained herein shall deemed to have conferred a licence to the users in respect of any of the intangibles on the website (including the software, transmission, data, the know how, the game, components of the game, the promotions, etc) whether existing or not.
The users shall not publish, place, post, display names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party. The users confirm and agree that they have the intellectual and proprietary rights of the anything posted, published, shared, communicated, displayed, transmitted, placed anywhere in or on the website or shared, sent, transmitted, communicated to us. User undertakes that all and every content of the user does not infringe any third party’s right, property and interest. The user undertakes to indemnify us, our directors, employees, agents, associates, affiliates, assigns, third party service providers from any and all damage, loss, costs, harm, as any litigation costs, fees incurred due to any infringement of third party rights by the user or due to any act done or omitted to be done by the user. The user’s liability and undertaking to indemnify us shall continue even after the user has deleted the user’s account, we have deleted the user account or restricted the access to user’s account. Any omission of any act by us shall not absolve the user from the liabilities under these terms,
We do not hold any intellectual property right in ‘BCCI’, ‘ICC’, IPL, etc. The names, logo, label, trademark, copyrights or other intellectual property rights vest with their respective owners. We recognize that these third parties have their own intellectual property right in such name, logo, label, trademark, copyright or any other property rights. Any reference to these is merely for the purpose of identification. Any issues with these may directly be resolved with the respective third parties.
LINKS TO OTHER SITES, APPLICATIONS AND THIRD PARTY CONTENT
GENERAL TERMS AND CONDITIONS
You agree, undertake and confirm that your use of website shall be strictly governed by the following binding principle:
(a) belongs to another person and to which You do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult);
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or sales without our prior written consent such as Games, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related on the website. Throughout these Terms and Conditions, our prior written consent means a communication coming from us, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another user’s use and enjoyment of the website or any other individual’s User and enjoyment of similar services;
(r) refers to any website, URL, applications that, in our sole discretion, contains material that is inappropriate for the website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions;
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any virus, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or codes that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other national or nation;
(z) may be false, inaccurate or misleading;
(aa) directly or indirectly, offers, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; and
(ab) creates liability for us or causes us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
(a) falsifying personal information required to enter a Game or claim a prize;
(b) engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Game or claim a prize;
(c) colluding with any other Player(s)/users or engaging in any type of syndicate play;
(d) any violation of Game rules or the Terms and Conditions;
(e) using a single account to participate in a Game on behalf of multiple Players/users or otherwise collaborating with other users to participate in any Game;
(f) using automated means (including but not limited to scripts and third-party tools) to interact with the website in any way (this includes, but is not limited to: creating a contest, entering a contest, withdrawing from a contest, creating a team, and editing a team);
(g) 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 for any purpose.
(h) any type of promotion abuse, abuse of the invite-a-friend program, or abuse of any other offers or promotions;
(i) tampering with the administration of a contest or trying to in any way tamper with the computer programs or any security measures associated with a contest;
(j) obtaining other entrants information and spamming other entrants; or
(k) abusing the website in any way.
Fantasy sports game are fast catching up in India. Fantasy games require a skill to select players and knowledge of the game, game statistics, conditions in which game is to be played. It is necessary to select players which will give highest scores in the Fantasy Game. The fantasy games are games of skill. By participating in the games on the website the user’s agree that they are participating in a skill game. The games of skill are not gambling and excluded from the Public Gambling Act, 1867. The users are requested to use their own discretion in participating in the games on website. We do not take any responsibility and liability nor do we confirm or guarantee that the website and the games on the website confirm to the applicable state laws. User has been informed of the same and user waives any claim, right, action by whatever name called against us for any action taken, claim raised, hardship caused to the user by user’s use of the website.
Rotobash as a part of its services on the website, hosts fantasy games that are based on real life sport games. Every fantasy game involves using a knowledge of the game, knowledge of the players, the venue of the real game, conditions in which real game will be played. Based on their knowledge and skill the registered users are invited to select a fantasy team based on real players that will play in a real game. The registered users are invited to create teams by selecting players that will likely play in a real game. Based on the rules of the fantasy game (available in How to Play section) the team selected by the registered users will score points in the respective fantasy league game entered by the registered users. The registered user participating in a game or a series of game as the case may be, scoring highest aggregate score at the end of the match will be declared winner subject to the rules and regulations and terms and conditions. The Rotobash may award such registered user(s) with an award or prize.
TYPES OF GAME; LEAGUES
Currently, Rotobash is providing fantasy games with different variants. (For more details check How to Play page). These include Max Score, Max Boundary, Fast Score, Max Bash.
Max Score – Fantasy game wherein the users in the order of the top scores are declared winners
Max Boundary – Fantasy game wherein the users in the order of top scores, linked only to the boundaries, are declared winners
Fast Score – Fantasy game wherein the users in the order of lowest number of balls faced by respective teams to achieve a pre-set score, are declared winners
Max Bash – Fantasy game wherein the users in the order of the top scores are declared winners; however the scores are calculated in a set batting order defined by the user and for number of balls faced not exceeding an innings overs
The registered users shall have the option to play in multiple leagues and multiple contests in a league, linked to one real life game or a match.
Currently, for every single fantasy game, a registered user shall be permitted to play only one single fantasy team. The Rotobash may however host fantasy games on the website where multiple fantasy teams can be entered in a game by a registered user. Multiple fantasy teams are permitted to be entered by the user only when pre specified that for a particular fantasy game. Rotobash at its discretion shall specify and limit the number of fantasy teams that can be entered for a fantasy game by a single registered user.
For playing paid games all users must also agree to all the rules and regulations including these Terms and Conditions relating to payment. The user must register itself before playing any game and follow the steps mentioned in the How to Play section to enter and play any fantasy game.
For the paid games the user must make a payment to enter the paid games. Such payment are predetermined and to be paid in advance. The payment so payable will be inclusive of the applicable taxes.
For every paid game, Rotobash shall collect pre determined fee(s) from the registered user entering fantasy teams in paid games. Rotobash provides service of hosting the Fantasy Games. For its services Rotobash charges Hosting fees and Access Fees or Entry fees. Rotobash reserves the right to charge any other fees for any of the services provided by it or services provided through the website or on the website. Applicable taxes are payable on the payment made by the Users entering the game.
All the payments shall be made through the designated payment gateways. Since we use the third party services in that respect, the users must also accept the terms and conditions of the third party service providers. We do not take any responsibility in respect of the third party services. Such services are subject to the terms and conditions of the third party services. By making any payments the Users shall have deemed to have accepted the terms and conditions of the third party service providers. We will not entertain any and will not be liable for in case of any complaint, claim, liability, loss from the user or any other person.
The successful payments made by the user and amount payable to the user will be reflected in the ‘My Wallet’ on the website. At times the payment made by the User may take time to be reflected in the User’s Wallet.
For the purpose of the fantasy game and to facilitate the transactions the payment and other amounts will be reflected in users’ My Wallet as 1) Game Cash 2) Roto Cash and 3) Winnings Credits.
Any of Game Cash, Roto Cash and Winnings Credits, individually or in combinations subject to any limitations that may be applicable to the use of Roto Cash, can be used by Users to register for or play a paid fantasy game at the website.
Fantasy games which are open for registration or playing with Roto Cash are indicated at the website by a specific flag or indicator (namely RC) against such games. Use of Roto Cash, in the games indicated for accepting Roto Cash, shall be governed by the limitations of (a) Roto Cash can be used only upto a certain part of the registration/entry fee payable by a user, and/or (b) across users, Roto Cash can only be used upto an overall set cap in the total expected fee collection for the game, once such cap is reached for a game, the game would no longer be further open for accepting Roto Cash and the RC flag would no longer appear against such game.
Utilization of amounts by a User to play or register for fantasy game, shall be debited in his/her My Wallet against the respective head of Game Cash, Roto Cash or Winnings Credits and is such amounts as these were used to pay for the entry fee for the game or play the game. Consequently, new updated balances would be reflected in My Wallet under each head of Game Cash, Roto Cash or Winning Credits. My Wallet, at all times will reflect available current balances for a User at the website, along with the details of past transactions. If User notices a discrepancy in balances or transactions in My Wallet, should immediately report to Rotoabsh with details, for any corrective action. For amounts relating to Winning Credits or transfers to user bank account, may take certain processing time to reflect in My Wallet. Rotobash shall not entertain any request for correction in My Wallet, which is older than 30 days.
In an unlikely scenario, when a real world game underpinning a fantasy game is aborted or abandoned or called off without any result, in such scenario any amounts paid by the users or players for such fantasy game shall be credited back to their My Wallet, under the respective heads of Game Cash, Roto Cash, or Winning Credits as these were used by the user to make the payments for the game.
GAME CASH (GC)
Any amounts transferred by the user to RotoBash will be reflected as credit to the Game Cash, in My Wallet. The Amount reflected as Game Cash is not refundable and cannot be withdrawn by the user. However, on exception basis, on request of the user we may consider the same, on necessary user verification as we may deem appropriate and adequate from time to time.
ROTO CASH (RC)
We shall as promotion or as a gratuitous act may credit the user’s My Wallet on the website with Roto Cash. The Roto Cash is non-transferable, non-cashable or withdrawable by the user, it can be used only to enter and play the fantasy games at the website. The Roto Cash shall be credited to user’s My Wallet, subject to limitations and conditions for which it is credited. Such Roto Cash has to be utilized subject to the conditions under which it is issued. By crediting Roto Cash to My Wallet we do not make any promises or such credit does not give rise to any right or action in favour of the user. We are not liable to make any payments against the Roto Cash. The manner in which the Roto Cash can be used to enter the fantasy game shall be predetermined. Rotobash reserves the right to withdraw any Roto Cash credited to users account without any prior notice. Simply, by registering on the website or purchasing credits does not entitle any user for free credits or earn Roto Cash. Rotobash shall, at its own sole discretion, at any time may award any amount of Roto Cash to any of the user’s.
Rotobash at its own sole discretion may launch a new promotion or amend the terms of any existing promotions wherein the potential amount of Roto Cash to be granted or to be earned by the users may change without any prior notice to the users. We don’t guarantee or promise the users the amount of Roto Cash that a user may have been notified under a running promotion on the website, as the promotion may have changed, amended or withdrawn since the notification. Users may have to act swiftly to avail the benefit, though not guaranteed, under any running promotions at the website.
WINNINGS CREDITS (WC)
The Prize Winnings awarded to the game winners as per game rules and other terms and conditions, are credited to users’ My Wallet as Winnings Credits. Any amount credited as the Prize Winnings, that is any amount lying as Winnings Credits in My Wallet of a user, shall be automatically transferred during the next processing cycle to user’s provided bank account, subject to such bank account being active, correct and valid, In case, there is no bank account provided by the user or there is a transaction failure in transferring the amounts to the provided bank account, such cases shall be notified to the users for any corrective amendments, measures or actions at the user end. Rotobash does not take any responsibility and will not be liable for any inaccurate or lack of information relating to user’s bank account details. User has to ensure, provide and maintain correct and valid required bank details at the website. Rotobash, in any case, shall not be liable to pay any interest or any compensation whatsoever for any delays or inability to transfer the Winning Credits to a user account, irrespective of the reason or the party responsible for such delays and/or inability for transferring the winnings to the user account.
We shall deduct the TDS at applicable rate from the Prize Winnings upon crediting the winnings to My Wallet of users or at any time earlier. Wherein a user has not completed PAN verification or has not provided the PAN as needed for TDS deductions, in such case the probable winnings will be withheld from being declared for such user and such probable winning amounts shall be set aside in such user’s suspense account. Any probable winnings credited to a user’s suspense account, shall not accrue or become due to the user, in whole or in parts, until and unless user provides its PAN at the website, Rotobash successfully completes the PAN verification for the user, and/or Rotobash declares such amounts or part thereof as winnings to the user. Rotobash shall notify the users and seek the required PAN details from the users. The User shall be deemed to have to forfeited the amount lying in the suspense account if the verification is not properly completed or PAN details are not provided by the user within the set expiry date for such amounts in suspense account. We shall entertain no claims in respect of the forfeited Prize Winnings.
The Winners will be selected for every game or league as the case may be. The Registered User with highest aggregate score/points will be adjudged as the Winner subject to these Terms and Conditions and rules. Where there is a tie amongst the Registered Users, the Winner will be chosen according to the parameters set by us depending on the game played by the User. In case of further tie the Winnings will be divided between such users. The Winnings in a particular game or league will be visible prior at the time of entering the game.
Any awards or prizes in money terms won by the Registered user shall be visible in the user’s My Wallet as Winnings Credits. An amount outstanding as the Winnings Credits shall be transferred to the User’s bank account after
The Winnings Credits will be transferred to the User’s account only after we have ensured and confirmed that the user’s identity is the same as the account created on the website. And that the user is the same actual person whose account is created on the website.
To the extent permitted by law, Rotobash 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.
Rotobash may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against Rotobash or question its right to modify such prizes being offered, prior to closure of the Game.
Rotobash will not bear any responsibility for the transportation or packaging of prizes to the respective winners. Rotobash 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.
Where it is found that the User has not complied with the verification process, rules or Terms and Conditions, we reserve to the right to cancel the Winnings. Where violation of the verification process, rules or Terms and Conditions or case of false identity comes to our knowledge, we shall in addition to any remedy and legal action available to us, debit the credits standing to your My Wallet and/or bank account to recover the winnings or equivalent amount thereof.
Acceptance of a prize by the Winner constitutes permission for Rotobash, and its affiliates to use the Winner’s name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever. The Winners further undertake that they will be available for promotional purposes as planned and desired by Rotobash without any charge. The exact dates remain the sole discretion of Rotobash. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
Rotoabash may allow user to enter or play fantasy games against the amounts outstanding as Winnings Credits in their My Wallet, such amounts utilized against Winning Credits will reflect as debits in My Wallet. Users would cease to have any further rights or claims to any such Winning Credits utilized or collateralized against playing fantasy games at the website, and users shall deem to have provided their consent to Rotobash for setting of any dues from the users towards entry fee or for playing any fantasy game at the website against any equivalent Winning Credits due to such users.
Rotobash shall deduct any applicable TDS against the PAN as provided by the user at the website. Once TDS deducted and TDS filed, Rotobash shall not entertain any correction requests in PAN with respect to any past TDS deductions and filings. Any changes to PAN shall reflect only in future deductions and filings.
Other than the fantasy games in general on the website, the users also have an option to hold their own Fantasy games by devising entry fee, number of players, rank wise prizes, and also where they can restrict the entry to only select users, by invitation The entry to such private games will be at the behest of the User starting such private game. The User will be given an option to start the private game. In such a private game the User can invite existing users and also others. The User starting a private game will be given a unique code, which that user can share with other to invite to the game. The number of players in a private game can never exceed the number of players as at the time the user chooses before starting a private game. Also, User cannot use the amount lying in My Wallet as the Roto Cash to play a Private Game.
By accepting the invitation, the Inivitee agrees to the Terms and Conditions herein. All such rules as are applicable to other registered user shall be applicable to the invitee.
Private games are the user defined fantasy games at the website, allowing user to limit the winners and restrict the prize money within a private group of selected users.
When you opt to play paid games on the website, You may need to purchase credits (Game Cash or GC) for the same. GC have to be purchased in advance and are reflected in your balance in My Wallet. GC once purchased are not refundable. The GC cannot be exchanged for cash or equivalent.
We reserve the right to change our fees or billing methods at any time. You are responsible for reviewing the website service to obtain timely notice of such changes. Your use of the website means that you accept such changes. If any change is unacceptable to you, you may cancel your account at any time, but Rotobash will not refund any fees that may have accrued to your Account before cancellation of your subscription. If your use of website service is subject to chargeability of taxes, then we may charge you for any such taxes either from prospective or retrospective effect (as the case may be), in addition to the other fees.
You have the right to cancel your Account. If you do not agree to the terms in this Terms & Conditions of service, your sole remedy is to not use website and to cancel your account. You understand and agree that the cancellation of your Account shall not entitle us to refund any amounts to you and the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for website services and/or any Content or Entitlements thereon shall be non – refundable. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with us must be settled within 24 hours
In response to a violation of these Terms & Conditions or any other rules, policies applicable, we may issue you a warning, suspend your Account, selectively remove, revoke or garnish entitlements at an Account and/or device level, immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing website or certain Services, no refund will be granted, no entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or entitlements associated with your Account.
Rotabash may also host free fantasy games at the website, such games may benefit users for practicing their skills prior to participating in paid games.
The winners of the games are decided in the predefined manner. In the event there are more than one winner the winnings shall be distributed equally to no. of winners. We rely on third party data and services for declaring the winner. We are not responsible and do not take or hold any liability in case of any error or in case any dispute is raised regarding the declaration of winner and awarding the winnings to any person declared as winner. We shall not entertain any dispute in these regards and our decision in these regards shall be final. This however shall not deem to mean waiver that of any action or right that Rotobash has against the person declared winner due to any error or wrong data or discrepancy in data.
If it comes to the notice of Rotobash that any governmental, statutory or regulatory compliances or approvals are required for conducting any Game(s) or if it comes to the notice of Rotobash that conduct of any such Game(s) is prohibited, then Rotobash shall withdraw and / or cancel such Game(s) without prior notice to any users or winners of any Game(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Game, or Game it in any manner.
Employees, directors, affiliates, relatives and family members of Rotobash, will not be eligible to participate in any Game(s).
The courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Rotobash Services provided by Rotobash (including the Game(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or Rotobash, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification (“Notification”) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
The place of arbitration shall be 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.
The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
Nothing contained in these Terms and Conditions shall prevent Rotobash from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Rotobash’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 Rotobash to pursue any remedy for monetary damages through the arbitration described herein.
OTHER GENERAL CONDITIONS
Users shall access the Rotobash Services provided on Rotobash voluntarily and at their own risk. Rotobash 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 Rotobash Services (including participation in the Game(s)) or as a result of acceptance of any prize.
By entering the Rotobash and accessing the Rotobash Services provided therein, Users hereby release from and agree to indemnify Rotobash, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the Rotobash 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.
Rotobash accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes.
Users shall be solely responsible for any consequences which may arise due to their access of Rotobash Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Rotobash Services, including provision of incorrect address or other personal details. Users also undertake to indemnify Rotobash 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 Rotobash on account of such act on the part of the Users.
Users shall indemnify, defend, and hold Rotobash harmless from any third party/entity/organization claims arising from or related to such User’s engagement with the Rotobash or participation in any Game. In no event shall Rotobash be liable to any User for acts or omissions arising out of or related to User’s engagement with the Rotobash or his/her participation in any Game(s).
The liability of the Rotobash in any case towards the user or any third party shall be restricted to Rs. 100 (Rupees One Hundres only)
In consideration of Rotobash allowing Users to access the Rotobash Services hosted on the Rotobash, 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 Rotobash, 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 Rotobash Services or related to the Games or the prizes of the Games.
Neither Rotobash 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.
Rotobash shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Rotobash services or sites, cancellation of competition and prizes. Rotobash disclaims any responsibility for, and if a User pays for access to one of Rotobash’s Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by Rotobash’s maintenance on the servers or the technology that underlies our sites, failures of Rotobash’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, Rotobash does not provide any warranty as to the content on the Rotobash(s). Rotobash(s) content is distributed on an “as is, as available” basis.
Any material accessed, downloaded or otherwise obtained through Rotobash 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.
Rotobash shall make best endeavours to ensure that the Rotobash(s) is error-free and secure, however, neither Rotobash nor any of its partners, licensors or associates makes any warranty that: the Rotobash(s) will meet Users’ requirements, that website and the games(s) will be uninterrupted, timely, secure, or error free, that the results that may be obtained from the use of website(s) will be accurate or reliable; and the quality of any products, Rotobash Services, information, or other material that Users purchase or obtain through website will meet Users’ expectations.
In case Rotobash discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User’s account, Rotobash reserves the right (execisable at its discretion) to rectify the error in such manner as it deems fit, including through a debit or adjustments by whatever name called 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, Rotobash agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
Rotobash nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
Any Rotobash Services, events or Game(s) being hosted or provided, or intended to be hosted or provided by Rotobash 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 Rotobash Services, events or Game(s) are hosted or provided.
To the extent permitted under law, in the event of suspension or closure of any Services, events or Games, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
Rotobash may be required under certain legislations, to notify User(s) of certain events. User(s) hereby acknowledge and consent that such notices will be effective upon Rotobash posting them on the Rotobash 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 Rotobash. If they do not provide Rotobash with accurate information, Rotobash cannot be held liable for failure to notify the User.
Rotobash 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 Rotobash’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials or any cancellation of any cricket match to which a Game relates. In such circumstances, Rotobash shall also be entitled to cancel any related Game(s) without any further disclosures.
If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force.
If any part of these Terms and Conditions or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provisions or applications and to this end the provisions of these Terms and Conditions are declared to be severable and shall not affect the validity and enforceability of remaining Terms and Conditions
Rotobash’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. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any situation where you breach these conditions
Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Rotobash or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.
These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and Rotobash and govern your use of the website, superseding any prior agreements that any User may have with Rotobash.
Rotobash reserves the right to moderate, restrict or ban the use of the Rotobash, specifically to any User, or generally, in accordance with Rotobash’s policy/policies from time to time, at its sole and absolute discretion and without any notice.
Rotobash may, at its sole and absolute discretion, permanently close or temporarily suspend any Rotobash Services (including any Game(s)).
We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website.
Further this document is an electronic record generated by computer system and does not need physical or digital signature(s).