Last Updated: 07-Apr-2023
1. Big Sports
Big Sports is the flagship brand of Witzeal Technologies Canada Inc.("Company") incorporated under the laws of Canada, having its registered address at 2313 Collingsbrook Court Pickering ON L1X 2W9, Canada. The Company is in the business of running and operating fantasy, casual and real money games on its website (Bigsports.com) (“Website”) and its mobile applications (“Application”), both the Website and the Application collectively referred to as “Platform/s”.
2. Usage of Platforms
- Any Eligible User accessing Platforms for participating in the various and games (including fantasy games), available on the platform (“Company Services” and/or “Services”) shall be bound by this document (“Terms and Conditions”), and all other rules, regulations and terms of use referred to herein or provided by the Company in relation to any of the Company Services.
- Subject to the terms and conditions of this Agreement, Witzeal grants to the Eligible User a limited, non-exclusive, non-transferable, and revocable license to use the Services for personal and non-commercial purposes. The User may not use the Services for any other purpose without the prior written consent of Witzeal.
- By merely accessing the Platforms, the Eligible User will deemed to have acknowledged and consented to the acceptance of the Terms and Conditions, rules, regulations referred to herein or provided by the Company in relation to any of the Company Services, as may be amended from time to time.
- The Company may, without any obligation, at its sole discretion, notify the Eligible User of any change or modification in these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by the Company, by way of sending an email to the Eligible User's registered email address or their phone no. User has the right to opt-out of agreeing to these Terms and Conditions or any future updated version of the Terms and Conditions, and therefore also using the Platforms. If User is not comfortable with any of the Terms or do not wish to be bound by the same, then the User are at liberty to refrain from using the Platforms and or the Company Services. However, please be aware that User’s continued use of the Company Services for a period of 7 (seven) days from the launch of any updated Terms and Conditions would mean deemed acceptance of these Terms and Conditions and its associated policies mentioned here, including any modification thereof. The updated version of these Terms and Conditions shall supersede the previous version of the Terms and Conditions and take effect immediately upon posting.
- Company may, at its sole and absolute discretion:
- Restrict, suspend, or terminate any Eligible User's access to all or any part of the Platforms or any or all of the Company Services;
- Change, suspend, or discontinue all or any part of the Platforms and/or the Company Services;
- Reject, move, or remove any material that may be submitted by Eligible User;
- Move or remove any content that is available on Platforms;
- Deactivate or delete Eligible User's account and all related information and files on the account;
- Establish general practices and limits concerning use of the Platforms;
- In the event any Eligible User breaches, or has illegally or improperly used the Platform or the Company Services or the Company reasonably believes that such Eligible User has breached these Terms and Conditions, or, the Company may, at its sole and absolute discretion, and without any notice to the Eligible User, restrict, suspend or terminate such Eligible User's access to all or any part of Platforms, deactivate or delete the Eligible User's account and all related information on the account, delete any content posted by the Eligible User on the Platforms and further, take appropriate steps as it deems necessary.
- The Company may charge its Eligible Users a platform fee in respect of any Company Services. The Company shall, without delay, repay such platform fee in the event of suspension or removal of the Eligible User's account or such Company Services on account of any negligence or deficiency on the part of the Company, but not if such suspension or removal is effected due to:
- any breach by the Eligible User of any of these Terms and Conditions; or
- any circumstances beyond the reasonable control of the Company.
- Users expressly consent to receiving communications such as announcements, administrative messages and advertisements from the Company or any of its partners, licensors or associates.
- Certain Services being provided on Platforms may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are at variance with the additional conditions set down, the additional conditions shall prevail.
3. Intellectual Property
- The name “Big Sports”, the Platforms which includes without limitation a combination of content created by the Company, its partners, affiliates, licensors, associates and/orEligible Users. The intellectual property rights in all software underlying the Platforms and material published on the Platforms, including (but not limited to) games, contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, ("Intellectual Property Rights") is owned by the Company, its partners, licensors and/or associates. Eligible Users may not modify, 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 materials or content on the Platforms either in whole or in part without express written license from the Company.
- Eligible Users and/or any other person may request permission to use any of the content by taking a written permission from the Company.
- Eligible Users are solely responsible for all content (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on the Platforms ("Eligible Users' Content"). Each Eligible User represents and warrants that he/she owns all Intellectual Property Rights in the Eligible User's Content and that no part of the Eligible User's Content infringes any third-party rights. Eligible 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 the Platforms.
- Eligible Users agree to indemnify and hold harmless the Company, 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 the Platforms, by such Eligible User or through the Eligible User's commissions or omissions.
- Users hereby grant to the Company and its affiliates, partners, licensors and associates a royalty-free, non-exclusive, sub-licensable license worldwide, irrevocable, right to use, reproduce, create derivative works of, distribute, publicly perform, transfer and/or publish Eligible Users' Content for any of the following purposes:
- Displaying Eligible Users' Content on the Platform except personal identifiable information.
- Storing Eligible Users' Content in a remote database accessible by end Eligible Users, for a charge.
- Distributing Eligible Users' Content, either electronically or via other media, to other Eligible Users seeking to download or otherwise acquire it, and/or
- This license shall apply to the distribution and the storage of Eligible Users' Content in any form, medium, or technology.
4. Third Party Sites, Services and Products
- The Platform may contain links to other internet sites owned and operated by third parties. Eligible Users' use of each of those sites is subject to the conditions, if any, posted by the sites. Witzeal does not exercise control over any internet sites apart from its own website/s and cannot be held responsible for any content residing in any third-party internet site. Platform’s inclusion of third-party content or links to third-party internet sites is not an endorsement by the Company of such third-party internet site.
- Eligible 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 Eligible User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. Eligible User agrees that the Company 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.
- Platform contains content that is created by the Company as well as content provided by third parties. Company does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Eligible Users in utilizing the Company Services provided on the Platform including while participating in any of the games hosted on the Platform.
5. Privacy Policy
- All information collected from Eligible Users, is subject to Company’s Privacy Policy which is available at [https://bigsports.com/privacy-policy.html].
6. User Conduct
- Eligible Users and/or any other person visiting the Platforms (“Users”) agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Platforms. In the event Eligible User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, the Company may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
- restricting, suspending, or terminating any Eligible User's access to all or any part of Company Services;
- deactivating or deleting an Eligible User's account and all related information and files on the account. Subject to the then applicable policy or at company’s discretion any amount remaining unused in the Eligible User's game account or winnings account on the date of deactivation or deletion may be forfeited on account of resorting to unfair/unscrupulous and or illegal means during gameplay.
- Eligible Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by the Company). Eligible Users further agree to update and keep updated their registration information.
- An Eligible User shall not register or operate more than one user account with the Platforms.
- Eligible Users agree to ensure that they can receive any communication from the Company by marking e-mails or sending SMSs from the Company as part of their "safe senders" list. Company shall not be held liable if any e-mail/SMS remains unread by an Eligible User as a result of such e-mail getting delivered to the Eligible User's junk or spam folder.
- Eligible Users are responsible for maintaining the confidentiality of their accounts and passwords. Eligible Users agree to immediately notify the Company of any unauthorized use of their passwords or accounts or any other breach of security. In any of such cases, the Company won’t be responsible for any of the losses incurred by the Eligible User.
- Eligible Users agree to exit/log-out of their accounts at the end of each session. Company shall not be responsible for any loss or damage that may result if the Eligible User fails to comply with these requirements.
- Eligible Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with Company Services and/or Company experience or assist in such activity.
- Eligible Users agree not to copy, modify, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Platforms or CompanyServices.
- Eligible Users agree that without Company’s express written consent, they shall not modify or cause to be modified any files or software that are part of Company Services.
- Eligible Users 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 Company Services or any other person's use or enjoyment of Company Services.
- Eligible Users shall not attempt to gain unauthorised access to any of the User accounts, Servers or networks connected to Company Services by any means other than theinterface provided by the Company through the Platforms, 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 Company Services.
- Without limiting the foregoing, Eligible Users agree not to use the Platform for any of the following:
- To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
- To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
- To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- To transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, Platform, any software, hardware, or telecommunications equipment;
- To advertise, offer or sell any goods or services for any commercial purpose on the Platform without the express written consent of the Company;
- To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
- To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- To restrict or inhibit any other User from using and enjoying any public area within our sites;
- To collect or store personal information about other Eligible Users;
- To interfere with or disrupt the Platform, servers, or networks;
- To impersonate any person or entity, including, but not limited to, a representative of the Company, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
- To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Platform or to manipulate Eligible User’s presence on Platform(s);
- To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- If a User chooses a username that, in Company’s considered opinion is obscene, indecent, abusive or that might subject Company 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, Company reserves the right, without prior notice to theUser, to restrict usage of such names, which in Company’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 the Platform, deny suchUser access to the Platform, or any combination of these options.
- Unauthorized access to the Platform is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access the Platform by any means other than through the interface that is provided by the Company for use in accessing the Platforms.Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
- Use of the Platforms is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Company’s right to comply with governmental, court, and law-enforcement requests or requirements relating toUsers' use of the Platform.
- Persons below the age of majority in their respective jurisdiction are not allowed to participate on any of the games (by whatever name called) on the Platforms. The Eligible Users will have to disclose their real age at the time of getting access into the Platforms. Any incorrect or misleading information provided by the User including the age shall constitute material breach by the User and shall be liable for actions that may be taken by the Company including those permitted under the applicable law.
7. Conditions of Participation:
By participating in any games available on the Platforms, Eligible User agrees to be bound by these Terms and the decisions of the Company. Subject to the terms and conditions stipulated herein below, Witzeal, at its sole discretion, may disqualify any Eligible User from participating in a game , refuse to award benefits or prizes and require the return of any prizes, if the Eligible User engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the games or is in any way detrimental to other Eligible Users which includes, but is not limited to the terms of the User Conduct mentioned above and the following:
- Falsifying ones’ own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by the Company to play a game and/or claim a prize/winning.;
- Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to play a game or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the Eligible User;
- Colluding with any other Eligible User(s) or engaging in any type of syndicate play;
- Any violation of the Terms of Use;
- Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means or using it for any other purpose;
- Obtaining other Eligible Users’ information without their express consent and/or knowledge and/or spamming other Eligible Users (Spamming may include but shall not be limited to send unsolicited emails to Eligible Users, sending bulk emails to other Users, sending unwarranted email content either to selectedUsers or in bulk); or
- Abusing the Website in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of Abuse)
- BigSports shall have the discretion to allow players/users to withdraw their winnings at any given time and including placing restriction on amount of withdrawal. BigSports shall have the discretion to forfeit such sums which shall fall below the threshold fixed for withdrawals of winning amount. BigSports may not provide any advance notice and/or any notification for such fixation of the threshold amount for withdrawal or any prior or consequent withdrawal. Decision of BigSports shall be final and binding in this regard and no dispute of any nature shall be entertained.
- BigSports shall at any given time without any advance notice may withdraw the facility of providing its services to any player/user and/or in any country at its discretion or regulatory compulsions. Upon such decision being made, no user shall be allowed to withdraw their winnings and no dispute shall be entertained. The decision of BigSports shall be final and binding.
- BigSports shall at any given time without any advance notice may withdraw the facility of providing its services to any player/user and/or in any country at its discretion or regulatory compulsions. Upon such decision being made, no user shall be allowed to withdraw their winnings and no dispute shall be entertained. The decision of BigSports shall be final and binding.
It is clarified that in case a User is found to be in violation of this policy, Company reserves its right to initiate appropriate legal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
8. Game of Skill
- The games being played (across the Company Services) are games of skill as success of participants depends primarily on their superior knowledge of the games, knowledge of players' relative form, players' performance in a particular territory, conditions and/or format, attention and dedication towards the game(s) and adroitness in playing the games(s).
- By participating in this each Participant acknowledges and agrees that he/she is participating in a game of skill.
9. Tabulation of points
Company 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, Company shall use best efforts to rectify such error prior to the distribution of prizes. However, Company 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. Eligible Users and participants agree not to make any claim raise any complaint against Company in this respect.
10. Selection and Verification of Winners and Conditions relating to the Prizes
- Selection of Winners
Winners will be decided on the basis of the scores of the Users in a designated match. In certain pre-specified games, Company may declare more than one winner and distribute prizes to such winners. In the event of a tie, the winning participants shall be declared winners and the prize shall be equally divided among such participants.
Company 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 Platforms, etc.
- Contacting Winners
Winners shall be contacted by the Company or the third party conducting the games on the e-mail address provided at the time of registration. The verification process and the documents required for the collection of prize shall be detailed to the Winners at this stage. As a general practice, winners will be required to provide following documents:
Company 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 Company. The Eligible 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. Company 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.
In the event that a Participant has been declared a Winner on Platforms but has not received any communication from the Company, such Participant may contact the Company within a period of 10 Days from the declaration of such results.
- Taxes Payable
All prizes shall be subject to applicable taxes in the respective jurisdiction. Within the territory of India, deduction of tax ("TDS") will be as per the Income Tax Act 1961. As of April 1, 2018, the TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- is 31.2% (inclusive of cess) of the total prize money amount. In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by the Company in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money.
- Miscellaneous
- The decision of Company with respect to the awarding of prizes shall be final, binding and non-contestable.
- If it is found that a Participant playing/participating in games is under the age of majority in the respective jurisdiction, Company shall be entitled, at its sole and absolute discretion, to disqualify such User and forfeit his/her prize. Further, Company may, at its sole and absolute discretion, suspend or terminate such User’s account.
- To the extent permitted by law, Company 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.
- Company may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. participants shall not raise any claim against Company or question its right to modify such prizes being offered, prior to closure of the game.
- 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.
- Publicity
- Acceptance of a prize by the winner constitutes permission for Company, 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 the Company without any charge. The exact dates remain the sole discretion of Company. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
11. General Conditions
- If it comes to the notice of the Company that any governmental, statutory or regulatory compliances or approvals are required for hosting/running any or if it comes to the notice of Company that conduct of any such game(s) is prohibited, then the Company shall withdraw and / or cancel such game(s) without prior notice to any Users or winners of any game(s). Eligible Users agree not to make any claim in respect of such cancellation or withdrawal of the game or challenge it in any manner.
- Dispute and Dispute Resolution
Any dispute, controversy or claim arising out of or relating to this Agreement, the use of our online gaming services, or any breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this clause, shall be resolved through arbitration in accordance with the Canadian Arbitration Association's rules for commercial arbitration.
The arbitration shall be conducted in the English language, and shall be held in Canada. The parties shall mutually agree on the appointment of a single arbitrator within 30 days of the receipt of the notice of arbitration. In the absence of an agreement, the arbitrator shall be appointed by the Canadian Arbitration Association.
The arbitrator shall have the power to hear and determine any and all issues in dispute, including but not limited to issues of law and fact. The arbitrator's decision shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Each party shall bear its own costs and expenses incurred in connection with any arbitration proceedings, including but not limited to attorneys' fees, expert fees, and travel expenses. The parties shall share equally the fees and expenses of the arbitrator and any administrative fees of the Canadian Arbitration Association.
Nothing in this clause shall prevent a party from seeking interim relief from a court of competent jurisdiction, including without limitation a temporary restraining order, preliminary injunction or other interim relief, as may be necessary to protect the rights or property of such party.
The arbitration proceedings and any award rendered thereunder shall be kept confidential by the parties and shall not be disclosed to any third party except as may be required by law or as necessary for the enforcement of the award.
- Release and Limitations of Liability
- Users shall access the Company Services provided on the Platform voluntarily and at their own risk. Company 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 Eligible Users or any other person or entity during the course of access to the Company Services.
- By using and accessing the Company Services provided therein, Eligible Users hereby release from and agree to indemnify Company, 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 Company 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.
- Company 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 Company Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Company Services, including provision of incorrect address or other personal details. Eligible Users also undertake to indemnify Company 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 Company on account of such act on the part of the Eligible Users.
- Users shall indemnify, defend, and hold Company harmless from any third party/entity/organization claims arising from or related to such Eligible User's engagement with the Company or participation in any game. In no event shall Company be liable to any Eligible User for acts or omissions arising out of or related to Eligible User's engagement with the Company or his/her participation in any game(s).
- In consideration of Company allowing Eligible Users to access the Company Services, to the maximum extent permitted by law, the Eligible 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 the Company, 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 Company Services.
- Disclaimers
- To the extent permitted under law, neither Company nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
- To the extent permitted under law, Company shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Company Services or sites, cancellation of competition and prizes. Company disclaims any responsibility for, and if an Eligible User pays for access to one of Company’s Services the Eligible User will not be entitled to a refund as a result of, any inaccessibility that is caused by Company’s maintenance on the servers or the technology that underlies our sites, failures of Company’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, Company does not provide any warranty as to the content on the Platform(s). Platform(s) content is distributed on an "as is, as available" basis.
- Any material accessed, downloaded or otherwise obtained through the Platform is done at the Eligible User's discretion, competence, acceptance and risk, and the Eligible User will be solely responsible for any potential damage to Eligible User's computer system or loss of data that results from an Eligible User's download of any such material.
- Company shall make best endeavours to ensure that the Platform(s) is error-free and secure, however, neither Company nor any of its partners, licensors or associates makes any warranty that:
- the Platform(s) will meet Eligible Users' requirements,
- Platform(s) will be uninterrupted, timely, secure, or error free
- the results that may be obtained from the use of Platform(s) will be accurate or reliable; and
- the quality of any products, Company Services, information, or other material thatEligible Users purchase or obtain through Platform(s) will meet Eligible Users' expectations.
- In case Company discovers any error, including any error in the determination of Winners or in the transfer of amounts to an Eligible User's account, Company 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 Eligible User or deduction from the Eligible User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, Company agrees to notify the Eligible User of the error and of the exercise of the remedy(ies) to rectify the same.
- To the extent permitted under law, neither Company 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 Company Services, events or game(s) being hosted or provided, or intended to be hosted on the 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 Company 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, Eligible Users shall not be entitled to make any demands, claims, on any nature whatsoever.
- Your use of the Platform, or any content, available thereof is entirely at Your own option and risk and The Company shall be held harmless and not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to Your use of the Platform or any content thereof. To the maximum extent permitted by applicable law, the total liability of Company to You for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the total winnings in your account.
- Miscellaneous
- Company may be required under certain legislations, to notify Eligible User(s) of certain events. Eligible User(s) hereby acknowledge and consent that such notices will be effective upon the Company posting them on the Platforms or delivering them to the Eligible User through the email address provided by the Eligible User at the time of registration. Eligible User(s) may update their email address by logging into their account on the Platform. If they do not provide the Company with accurate information, the Company cannot be held liable for failure to notify the Eligible User.
- Company 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 Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, pandemic/endemic or shortages of transportation facilities, fuel, energy, labor or materials.
- Company’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
- Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Company’s 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 Eligible User(s) and the Company and govern your use of the Platform, superseding any prior agreements that any Eligible User may have with the Company.
- 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.
- Company reserves the right to moderate, restrict or ban the use of the Platform, specifically to any Eligible User, or generally, in accordance with Company’s policy/policies from time to time, at its sole and absolute discretion and without any notice.
- Company may, at its sole and absolute discretion, permanently close or temporarily suspend any Company Services.
- Company may from time-to-time conduct/organize, promotions/offers on the platform. Any two or more promotions cannot be clubbed together with any other promotions that are running simultaneously on the Platforms.
12. Account Inactivity Forfeiture Clause
- By using our gaming services, you acknowledge and agree that any account displaying inactivity consecutively for a period of 15 days or more shall result in the forfeiture of your account balance. Inactive accounts are subject to routine maintenance and security measures to ensure the integrity of our platform. To prevent the loss of funds, we encourage users to engage regularly with our gaming services. In the event of account forfeiture, the company shall not be held liable for any associated loss. Users are responsible for keeping track of their account activity and taking appropriate measures to prevent inactivity-related consequences. For more details, please refer to our full terms and conditions.
- Upon downloading BigCash you shall not be permitted to use the BigSports app.