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CricWarsTerms and Conditions of Use

1. Introduction

  • (a) Seran Gaming having its registered office at 301, Anjali Building, French Bridge, Opera House, Mumbai – 400007, Maharashtra, India ("Seran") owns and operates the ‘CricWars’ mobile application and cricket fantasy game platform (the “Platform”). Through the Platform, Seran offers free-to-play online fantasy cricket match play, draft and practice contests (“Free Contests”) and pay-to-play online fantasy cricket match play, draft and auction contests (“Paid Contests” and together with the Free Contests, the “Contests”).
  • (b) For the purpose of these Terms and Conditions of Use (“Terms”), wherever the context so requires "You", “Your”, “Yourself”, “Their” or “User” shall mean any person who accesses or uses the Platform. “We”, “Us” or “Our” shall mean Seran, its employees, and authorised agents that perform any services on Seran’s behalf in relation to the Platform.
  • (c) By accessing or using the Platform in any manner or by using any content or information provided through the Platform, You shall be deemed to have read, understood, accepted and agreed: (i) to be bound by these Terms and to comply with these Terms; (ii) the rules of Seran Contests made available through the Platform, which can be found at www.cricwars.com/Terms-Conditions/ and as updated/modified from time to time (“Seran Contest Rules”); and (iii) the collection, use, disclosure and other handling of information as described in Our ‘Privacy Policy’, available at www.cricwars.com/Privacy-Policy/. In the event Seran organizes or conducts any special promotions relating to the Contests (“Promotions”) on the Platform, such Promotions shall be governed by the Terms and any supplementary terms and conditions which may be specifically applied for such Promotions. To the extent that these Terms are inconsistent with the additional terms and conditions set down, the additional conditions shall prevail.
  • (d) We reserve the right to make changes to these Terms at any time. We shall not be required to notify You, whether as a registered User or not, of any changes made to the Terms. Any such modifications will become effective immediately upon posting to the Platform. As between Seran and You, You shall be solely responsible for reviewing and becoming familiar with any such modifications. We may also, in Our sole discretion, notify You of such modifications, by contacting You through the registered email address associated with Your Account (defined below). Use of the Platform by You after any modification to the Terms, constitutes Your acceptance of the Terms as modified. You are advised to regularly visit the Platform to view the most current Terms. From time to time, We may by notification, require You to provide Your consent to the updated Terms in a specified manner, prior to any further use of the Platform. You may then exercise the options provided in such notification to indicate non-acceptance of the modified Terms. If such options are not exercised by You within the time frame prescribed in the notification, You will be deemed to have accepted the modified Terms.We may also post supplementary conditions applicable to the Platform. In such an event, Your use of the Platform will be governed by the Terms as well as any such supplementary terms that the Platform may be subject to.
  • (e) If any of the Terms are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi - judicial body in India, it will not affect the validity and enforceability of the remaining Terms. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by You shall not be construed as a waiver of Our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.
  • (f) We may at Our sole discretion, (i) Restrict, suspend, or terminate any User's access to all or any part of the Platform, including any Contest; (ii) Change, suspend, or discontinue all or any part of the Platform, including any Contest; (iii) Reject, move, or remove any material that may be submitted by a User; (iv) Move or remove any content that is available on the Platform; (v) Deactivate or delete an Account and all related information and files on the account; (vi) Establish general practices and limits concerning use of the Account; (vii) Revise or make additions to the roster of cricketers available for selection in a Contest on account of revisions to the roster of cricketers involved in the relevant Match (as defined herein); and (vi) Assign Our rights and liabilities to all Accounts hereunder to any entity (post intimation of such assignment to all Users to Their registered email addresses).
  • (g) In the event any User breaches, or Seran reasonably believes that such User has breached these Terms, or has illegally or improperly used or accessed the Platform or Contests, Seran 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 Platform or Contests, deactivate or delete the User's Account and all related information on the Account, delete any content posted by the User on the Platform and further, take technical and legal steps as it deems necessary.
  • (h) In case of any breach or violation by the User of these Terms, Seran will not be obligated to refund any administrative/service fees already paid in respect of any Contests, and any Contest winnings due to such User and any bonus amounts credited to such User shall stand automatically forfeited. The User’s account balance standing to the credit of such User, excluding any accumulated Contest winnings and bonus amounts, shall be applied against losses and damages suffered or assessed by Us as arising out of your breach or violation of these Terms, and any amount remaining (if any) shall be returned to such User.

2. Eligibility

  • (a) You may participate in Our Contests only if You are residing in India and are of 18 years of age or over as of the date of commencement of the Contest.
  • (b) You may not participate in the Paid Contests if You are a resident of any state in India in which participating, organising or conducting of Paid Contests is prohibited, which states shall include, but not be limited to: Telangana, Assam, Sikkim, Nagaland and Odisha (“Excluded States”).

3. User Representations

  • (a) Any information provided by You to Us, whether at the stage of registration or during anytime subsequently, should be complete and truthful.
  • (b) You hereby confirm that You are not a resident of the Excluded States and that You will not now nor in the future, access the Platform or participate in any Paid Contests from outside India or from within the Excluded States. Seran reserves the right to restrict access to, and participation in, the Paid Contests to any person, from time to time in Our sole discretion.
  • (c) You are aware that participation in the Contests organized by Us may result in financial loss to You. With full knowledge of the facts and circumstances surrounding these Contests, You are voluntarily participating in the Contests and assume all responsibility for any risk resulting from Your participation, including all risk of financial loss.
  • (d) You represent that You have the experience and the requisite skills required to participate in the Contests and that You are not aware of any physical or mental condition that would impair Your capability to fully participate in the Contests. You further acknowledge that You are solely responsible for any consequence resulting from Your participating in the Contests or being associated with the Contests or around the Contests. You understand that Seran assumes no liability or responsibility for any financial loss that You may sustain as a result of participation in the Contests.
  • (e) You understand and agree that You are solely responsible for all content posted, transmitted, uploaded or otherwise made available by You. All content posted by You must be legally owned by or licensed to You. By publishing any content on the Platform, You agree to grant us a royalty-free, world-wide, non-exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform Your content and to use such content in any related marketing materials produced by Us or Our affiliates. Such content may include, without limitation, Your name, username, teamname/s, location, messages,gender or pictures. You also understand that You do not obtain any rights, legal or equitable, in any material incorporating Your content. You further agree and acknowledge that Seran has the right to use in any manner whatsoever, all communication or feedback provided by You.
  • (f) You understand and accept that Seran reserves the right to record any and all User content produced by way of but not limited to chat messages on the Platform or other interactive features, if any, offered by Seran.
  • (g) You understand that the funds in Your Account held by Seran do not carry any assured interest or return.
  • (h) You shall not hold Seran responsible for not being able to play any Contest for which You may be eligible to participate. This includes, but is not limited to situations where You are unable to log into Your Account as Your Account may be pending validation or You may be in suspected or determined to have violated of any of the Terms.
  • (i) You understand and accept that by viewing or using the Platform or playing any of the Contests, or using communication features on the Platform, You may be exposed to content posted by other Users which You may find offensive, objectionable or indecent. You may bring such content posted by other Users to Our notice that You may find offensive, objectionable or indecent and We reserve the right to act upon it as We may deem fit. The decision taken by Us in this regard shall be final and binding on You.
  • (g) You consent to receiving communications such as announcements, updates, administrative messages, promotions and advertisements from Seran or any of its partners, licensors or associates.

4. User Account Creation and Operation

  • (a) In order to register for the Contests, You will need to register and create a‘User Account’ on the Platform (“Account”). You will either be required to fill up a ‘RegistrationForm’, or login through your Google or Facebook account, after which an Account will be created.
  • (b) By completing the registrationprocess, You confirm Your acceptance of these Terms.
  • (c) During the registrationprocess, You will be required to choose a ‘Login Name’ and a password in addition to providing some other information. Additionally, You may be required to give further personal information for Your Account verification and/or for adding cash to Your Account. You must give Us the correct details in all fields requiring Your personal information, including, without limitation, Your full name, gender, date of birth, postal Address, emailaddress, telephone/mobilenumber(s) etc. You undertake that You will update this information and keep it current.
  • (d) In the event You indicate, while entering an address, or We reasonably determine that You are a resident of the Excluded States, You will not be permitted to proceed to enter any Paid Contests.
  • (e) You acknowledge that We may, at any time, require You to verify the correctness of this information and in order to do so may require additional documentary proof from You, failing which We reserve the right to suspend or terminate Your Account and registration on the Platform.
  • (f) Any information provided by You to Us should be complete and truthful to the best of Your knowledge. We are not obliged to cross check or verify information provided by You and We will not take any responsibility for any outcome or consequence as a result of You providing incorrect information or concealing any relevant information from Us.
  • (g) You understand that it is Your responsibility to protect the information You provide on the Platform including but not limited to Your Username, Password, EmailAddress, Contact Details and Mobile Number. Seran will not ask for Your Account Login Password, which is only to be entered at the time of login. At no other time should You provide Your account information to any User logged in on the Platform or elsewhere. You undertake that You will not login and then allow, any other person to play from Your Account using Your Username. You specifically understand and agree that We will not incur any liability for information provided by You to anyone, which may result in Your Account being exposed or misused by any other person.
  • (h) You agree to use Your Account solely for the purpose of playing on the Platform and for transactions, which You may have to carry out on the Platform to participate in the Contests.Use or attempted use of Your Account for any reason other than what is stated in the Terms may result in immediate termination of Your Account and forfeiture of any prize, bonus or balance in Account.
  • (i) You also understand and agree that deposits in Your Account maintained with Us are purely for the purpose of participation in PaidContests made available on the Platform.
  • (j) We reserve the right to verify Your identity proof and address proof from time to time and to cancel any prize should any inconsistencies arise in Our verification process. For the purpose of verification, We shall require from You Your Permanent Account Number (PAN) Card details such as Your name, PAN Card number, date of birth, scanned image of PAN card, and any one additional proof such as:
    • Voter ID
    • AADHAAR Card
    • Drivers’ License
  • (k) We are legally obliged to deduct Tax Deducted at Source (TDS) on all prizes. In these cases, You will be required to furnish Your PAN duly issued to You by the income tax authorities if You have not already done so. Withdrawal of the winnings and prizes will only be permitted once You provide correct and accurate PAN details, bank account details and proof of the same. These limits and rates are subject to change as per the prevailing rules and regulations. Our obligation in this regard is limited to deducting TDS as required by law and providing You an appropriate Certificate of Tax Deduction. We neither advise You nor shall in any manner be responsible for Your individual tax matters.
  • (l) You understand and agree that You cannot transfer any sums from Your Account to the account of another registered User on the Platform except as may be specifically permitted by Us and subject to restrictions and conditions as may be prescribed.

5. User Account Validation and Personal Information Verification

  • (a) Seran may from time to time attempt to validate and verifyYour Account.These attempts may be made via a phone call or via email. In the event that We are not able to get in touch with You the first time around, We will make additional attempts to establish contact with You. If the phone number and email provided by You is not correct, We bear no responsibility for your participation in anyContest(s) being interrupted due to Our being unable to establish contact with You thereby leading to Your Account not being validated.
  • (b) If We are unable to reach You or if the validation is unsuccessful, We reserve the right to disallow You from logging into the Platform until We are able to satisfactorily validate Your Account. We will in such an event email You to notify You of the next steps regarding Account validation. We may also ask You for proof of identification and proof of address from time to time.
  • (c) Upon receipt of suitable documents, We will try Our best to enable Your Account at the earliest. However, it may take a few business days to reinstate Your Account.
  • (d) In the event that We have made several attempts to reach out to You but have been unable to do so, We also reserve the right to permanently suspend Your Account and refund the amount, if any, in Your Account to the financial instrument (like PayTM / CashFree / etc.),through which the payment was made to YourAccount or by cheque to the address provided by You. In the event the address provided by You is incorrect, Seran will not make any additional attempts for delivery of the cheque unless a correct address is provided by You and charges for redelivery as prescribed by Seran are to be paidby You.
  • (e) The Privacy Policy available on www.cricwars.com/Privacy-Policy/ forms a part of these Terms. All personal information, which is of such nature that requires protection from unauthorized dissemination, shall be dealt with in the manner provided in the Privacy Policy.

6. User restrictions

  • (a) You undertake that You Yourself will play the Contests, which You have registered or joined, and You shall not use any form of external assistance to participate in the Contests. You shall not add unauthorized components, create or use cheats, exploits, bots, hacks or any other third-party software designed to modify the Platform or use any third-party software that intercepts, mines or otherwise collects information from or through the Platform or through the Contests. Any attempt to employ any such external assistance is strictly prohibited.
  • (b) Collusion between You and any other User(s) for participating in the Contests organized on the Platform or any other form of fraud or cheating is strictly prohibited.
  • (c) When collusion or cheating is detected, Seran shall take appropriate action against offending Users, which may include Your disqualification from the Contest and forfeiture of Your entry fee and may extend to the termination of Your Account, based upon the gravity and time-frame of Your fraudulent or mala fide conduct.
  • (d) You are prohibited from using thePlatform for any purpose that may be construed as money laundering or circumvention of applicable law/regulations, including, without limitation, attempting to withdraw cash from unutilized cash added through credit cards.
  • (e) Sending spam emails or any other form of unsolicited communication for obtaining Registrations on the Platformby You to benefit from any promotional program of Seran or for any other purpose is strictly prohibited.
  • (f) Multiple IDs: Your registrationacross thePlatform is restricted to a single Account, which will be used by You to enter Contests. You are prohibited from creating or using multiple Accountsacross thePlatform for participation inContests.
  • (g) You may not create a Login Name, Team Name or Password or upload, distribute, transmit, publish or postContent through or on the Platform or through any service or facility including any messaging facility provided by the Platform which:
    • Is libellous, defamatory, obscene, intimidating, invasive of privacy, abusive, illegal, harassing;
    • Contains expressions of hatred, hurting religious sentiments, racial discrimination or pornography;
    • Is otherwise objectionable or undesirable (whether or not unlawful);
    • Would constitute incitement to commit a criminal offence;
    • Violates the rights of any person;
    • Is aimed at soliciting donations or other form of help;
    • Violates the intellectual property of any person;
    • Disparages in any manner Seran or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or websites;
    • Promotes a competing service or product; or
    • Violates any laws.
  • (h) In the event We determine that the Login Nameand/or Team Namecreated by You is indecent, objectionable, offensive or otherwise undesirable, We shall notify You of the same and You shall promptly provide Us with an alternate Login Name and/or Team Name so that We can change Your existing Login Name/ Team Nameto the new name provided by You. IfYou fail to provide an alternate name, We reserve the right to permanently suspend Your Account.
  • (i) You shall not host, intercept, emulate or redirect proprietary communication protocols, used by the Platform, if any, regardless of the method used, including protocol emulation, reverse engineering or modification of the Platform or any files that are part of the Platform.
  • (j) You may not alter or modify content on the Platform, or remove, obliterate or obstruct any proprietary notices or labels.
  • (k) You shall not exploit the Contests offered and content availableon the Platform for commercial purposesincluding but not limited to providing an over-the-top service that utilises the Contest or Platform to operate or use in a cyber cafe as a computer gaming centre, network play over the internet or through gaming networks or connection to an unauthorized server that copies the gaming experience on the Platform.
  • (l) You shall not derive any commercial benefits from the use of the Platform by Users and you shall not sublicense or otherwise exploit for commercial benefit any Contest(s) or Service offered through the Platform. In particular, You shall not charge any fees whether in cash or in kind from the Users for participation in any Private Contest (defined below) or other Contest hosted by You on the Platform.
  • (m) You shall not upload, distribute or publish through the Platform, any content which may contain viruses or computer contaminants (as defined in the Information Technology Act, 2000 or such other laws in force in India at the relevant time) which may interrupt, destroy, limit the functionality or disrupt any software, hardware or other equipment belonging to Us or that aids in providing the services offered by Seran. You shall not disseminate or upload viruses, programs, or software whether it is harmful to the Platform or not. Additionally, You shall not impersonate another person or User, attempt to get a password, other User account information, or other private information from a User, or harvest email addresses or other information.
  • (n) You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer Your Account, content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Platform.
  • (o) Any form of fraudulent activity including, attempting to use or using any other person's credit card(s), debit cards, net-banking usernames, passwords, authorization codes, prepaidcash cards, mobile phones for adding cash to Your Account is strictly prohibited.
  • (p) Accessing or attempting to access the Platform through someone else's User Account is strictly prohibited.
  • (q) If You are an officer, director, employee, consultant or agent of Seranor a relative of such persons, You are not permitted to play either directly or indirectly, any Contests which entitle You to any Prize on the Platform, other than as permitted in the course of Your engagement with Seran. For these purposes, the term ‘Relative’ shall include a spouse, financially dependent Parents, and children (including stepchildren).
  • (r) If You have been directly associated with setting up the Contests on the Platform or such Contests’ structure, You are not permitted to play either directly or indirectly, any Contests which entitle You to any Prize on the Platform, other than as permitted in the course of Your engagement with Seran.
  • (s) You shall not post any material or comment, on any media available for public access, which in Our sole discretion, is defamatory or detrimental to Our business interests, notwithstanding the fact that such media is not owned or controlled by Us. In addition to any other action that We may take pursuant to the provision hereof, We reserve the right to remove any and all material or comments posted by You and restrict Your access to any media available for public access that is either controlled or moderated by Us; when in Our sole opinion, any such material or comments posted by You is defamatory or detrimental to Our business interests.

7. Contests

  • (a) Seran offers various Contest formats on the Platform. Users may participate in: (i) the Fantasy Match Play, in which Users create virtual squads on the basis ofreal-worldprofessional cricketersparticipating in a particular real-worldmatch/series, and compete against other Users either in a Public Contest and/or in a Private Contest; (ii) Draft Match Play, in which two Users will compete against each other (either randomly by joining a Public Contest, or by creating a Private Contest) with draft picks to create a virtual squadensuring that one cricketer is picked by only one of the Users.The points accumulated by the players selected in such squadswill be applicable for a particular match/series; or (iii) Auctionin which Users will join Contest(s)with a pre-specified number of other Users and pick squadsof cricketers participating in a real-worldtournament/seriesthrough an auction set-up, points for which will accumulate over the duration of a tournament/series.
  • (b) In order to participate in the Fantasy Match Play Contest(s) and subject to these Terms, Youmust create afantasy game squad consisting of eleven (11) real life cricketers involved in real-life cricket matches, or a particular tournamentto which the Contest relates. You will be provided with a budget in virtual currencyand You will be required to operate within this budget and draft your squad subject to the restrictions mentioned in the Seran Contest Rules.You may draft and submit such number of teams through your Account for participation in a Contest as specified by Seran in relation to such Contest.
  • (c) In order to participate in the Draft Match Play Contest(s) and subject to these Terms, Youmust pick your players, turn by turn (in a ‘Snake Draft Order’) with each of the two Users picking one player per turn.Each User participating in the Contest is required to pick a squad of twelve (12) players over twelve (12) rounds of the draft.It is clarified that the User who joins the Contest first will be allowed to make the first pick in the first round of the draft. Notwo teams in one particular contestcanhave the same playerin any single match or tournament to which the Contest relates.
  • (d) In order to participate in the Auction Contest(s),You will act as ateamowner and form Your own squad through a proper bidding process, competing against other Users to bid for cricketers. You will be provided with a budget in virtual currency and You will be required to operate within this budget and draft your squad subject to the restrictions mentioned in the Seran Contest Rules, and points for the players in selected squads will be counted over the course of a series/tournament to decide who the winner is.
  • (e) Squad composition, the manner in which points will be awarded, substitutions will be allowed and all other rules of the Contests will be governed by the Seran Contest Rulesat www.cricwars.com and any other rules and regulations (including rules and regulations in relation to any payments made to participate in the Contest(s)); and all Users agree to abide by the same.

8. Public and PrivateContestFormats

  • (a) Seran provides the Contest(s) in public and privateformats on the Platform:(1) as a public contest where Users can participate in a Contest with other Users without any restriction on participation (on a first-come-first-serve basis for Contest(s) with fixed slots) (“Public Contest”); and (2) private contests, where Users can invite specific Users into a Contest and restrict participation to such invited Users. All rules applicable to Contest(s) as set out herein shall be applicable to both such formats of the Contest(s).
  • (i) Public Contest
    • Users may join Fantasy Match Play, Draft Match Play and/or Auction Contests which are Public Contests. In the Fantasy Match Play format of such Public Contest(s), Seran may offer the Contest(s) in leagues/contests comprising of 2 participants, 3 participants, 5 participants, 10 participants, 100 participants or any other pre-designated number of participants, depending on the type of Contest. The Draft Match Play Public Contest will always be a head-to-head contest between two participants. The Auction Public Contest may consist of 4 participants, 6 participants or 8 participants or such other number as specified by Seran from time to time.
    • Seran may offer a Public Contest as a Paid Contest or as a Free Contest and the Winner will be determinable at the end of the match/series.
    • For the Fantasy Match Play format, some Contest(s) would be labelled with a ‘C’ to indicate that they are confirmed Contests. Such Contest(s) with the ‘C’ would be operational even if the pre-specified number of slots (i.e., the number of participant slots) for such Contest(s) are not filled up prior to a match. Fantasy Match Play Contest(s) not having a ‘C’ indicated alongside would mean that they would only be operational if the pre-specified number of participant slots is reached. In case the number of participants for non-confirmed Contest(s) is less than the pre-specified number at the time of commencement of the round, such Contest(s) will not be operational and the participation fee paid by each participant shall be returned to the account of such User without any charge or deduction.
  • (ii) Private Contest
    • In this format of the Contest(s), Seran enables Users to create a private contest ("Private Contest") and invite other Users, whether existing Users or otherwise ("Invited User"), to create teams and participate in the Contest(s). The Users shall be provided with a unique identification code ("Contest Code") (which will be issued to the account of all Invited Users). The Users agree and understand 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 Private Contest. The User creating the Private Contest shall provide Seran with the email address, Google Account or Facebook Account username of Invited Users to enable Seran to send a message or mail inviting such Invited User to register with Seran (if necessary) and participate in the Private Contest in relation to which the invite has been issued. Private Contests are Paid Contests and the User creating the Private Contest can pick the entry fee for the Private Contest based on such criteria and subject to such conditions as imposed by Seran. It is clarified that only the Fantasy Match Play or Draft Match Play formats of the Contest may be played in a Private Contest.

9. Prizes

  • (a) The winner of aContest (“Winner”) will be primarily determined on the basis of the cumulative points accumulated by such User’s team/squad entered for such Contest. The User(s) whose team/squad has the most amount of aggregate points, relative to the teams/squads of other Users participating in the Contest will be declared as the Winner(s). The contemplated number of Winner(s) for Fantasy Match Playand Auction Formats, and the prizes/winnings due to each Winner in each Contest across all formats shall be as specified on the relevant Contest page prior to the commencement of the Contest. In case of a tie in the aggregate points accumulated by Users’ Squads, the Winner will be determined in accordance with the tie breaker mechanism set out in the Seran Contest Rulesatwww.cricwars.com. Seran shall not be liable to pay any prize/winnings if it is discovered that the Winners have not abided by these Terms and other rules and regulations in relation to the Contests.
  • (b) You understand and accept that Your participation in the Contests available on the Platform does not create any obligation on Us to give You a prize. Your winning a prize is entirely dependent on Your skill as a Player vis-a-vis other Players in the Contest and subject to these Terms, the Seran Contest Rules and the rules of the particular Contest.
  • (c) We shall not be responsible for inaccurate details regarding any prizes/winnings given to the participants by any third party.
  • (d) Subject to availability of prizes, We reserve the right to substitute any prize with another prize of similar or equivalent value without prior notice. In the event there is a delay in the availability of the prize, We reserve the right to delay the delivery to the Winner(s).
  • (e) Winnings, bonuses and prizes are unique to the User and are non-transferable and are not exchangeable or redeemable in cash or cash-equivalent. In the event You attempt to transfer any winnings, bonuses or prizes, these will be forfeited.

10. Payment Terms

  • (a) All transactions on the Platform shall be in Indian Rupees.
  • (b) The Platformhosts a number of Contests for which We reserve the right to charge an ‘Administration Fee’, which would be specified and notified by Us on the Contest page prior to Your joining of such Contest.
  • (c) Each Contest (except for Free Contests) available on the Platformhas an ‘Entry Fee’ depending on the kind/format of Contest, kind of prizes, level of participation and other factors per Our discretion.
  • (d) The Administration Fee and Entry Fee specified on the Platformare exclusive of GST and any other applicable Indirect Taxes.
  • (e) The Administration Fee, Entry Fee and applicable Tax thereon will be debited from Your Account balance for the Contest, and We shall issue an Invoice for such debit to You.
  • (f) You may use Credit Cards / Debit Cards / Net Banking / Online Payment Wallets / accumulated game credits/ Seranpromotional bonus amounts, to remit the required amount to Seran. The payment made shall be credited to Your Account and the applicable amount towards participation in the Contest shall be debited from Your Account. It is clarified that accumulated game credits / promotional bonus amounts offered by Seran may be used only while participating in paid Public Contests. It is further clarified that Your utilisation of accumulated game credits / promotional bonus amounts offered by Seran may be subject to such additional rules as notified by Seran from time to time on www.cricwars.com. Your Account shall have an ‘Account Balance’ feature wherein details regarding the ‘Deposit Amount’ (the amount You have deposited in your Account and not used), the ‘Bonus Amount’ (any amount Seran credits to your Account as game credits or promotional bonus), the ‘Winnings’ (any amount/Prizes you have won by participating in Contests) and the ‘Total Balance’ in Your Account will be displayed.
  • (g) You acknowledge that transactions on the Platform may take up to 24 hours to be processed. You agree not to raise any complaint or claim against Seran in respect of any delay, including any lost opportunity to join any Contest or round due to delay in processing of any fee.
  • (h) A transaction, once confirmed, is final and no cancellation is permissible. However, Seran may, at its sole and absolute discretion, permit You to cancel a transaction.
  • (i) Seran may, in certain exceptional circumstances and at its sole and absolute discretion, refund the transaction amount toYou after deducting applicable cancellation charges and taxes. At the time of the transaction, You 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.

11. Service Disruptions

  • (a) You may face service disruptions, including, but not limited to disconnection or communication interferences due to issues in the internet infrastructure used for providing or accessing the Contests or due to issues with the hardware, data network and software used by You. You understand that Seran has no control over these factors. Seran shall not be responsible for any interruption in the provision of the Contests and You take full responsibility for any risk of loss due to such interruptions for any such reason.
  • (b) You 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 the Platform (each a "Server"); or (b) the enjoyment or use of the Platform by any other User or person. You 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 the Platform or any other person's use or enjoyment of the Platform.

12. Content

  • (a) All content and material on the Platform including but not limited to information, images, marks, logos, designs, pictures, graphics, text content, hyperlinks, multimedia clips, animation, games and software (collectively referred to as "Content"), whether or not belonging to Seran, are protected by applicable intellectual property laws. Additionally, all chat content, messages, images, recommendations, emails, images sent by any User can be logged/recorded by Us and shall form part of the Content and Seran is free to use this material in any manner whatsoever.
  • (b) The Platform may contain information about or hyperlinks to third parties. In such cases, We are not responsible in any manner and do not extend any express or implied warranty to the accuracy, integrity or quality of the content belonging to such third party websites. If You rely on any third party Content posted on the Platform, which does not belong to Seran, You may do so solely at Your own risk and liability.
  • (c) If You visit any third party website through any third party Content posted on the Platform, You will be subject to the terms and conditions applicable to such third party website. We neither control nor are responsible for content on such third party websites. The fact of a link existing on the Platformto a third party website is not an endorsement of that website by Us.

13. License Agreement and Intellectual Property

  • (a) All Content on the Platform shall be utilized only for the purpose of availing and accessing the Platform and in conformity with the Terms.
  • (b) You acknowledge that all ownership rights and all copyright and other intellectual property rights in the Content are owned by Seran or Our licensors and that You have no right, title or other interest in any such items except as expressly stated in the Terms.
  • (c) You are granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content solely for the purposes of accessing and using the Platform and for no other purpose whatsoever.
  • (d) You shall not sub-license, assign or transfer the license granted to You, or rent or lease or part with the whole or any part of such license or of the Content included in such license.
  • (e) You may not transfer, copy, reproduce, distribute, exploit, reverse engineer, disassemble, translate, decode, alter, make derivations from or make any other use of Content on the Platform in any manner other than as permitted for obtaining access to or using the Platform.
  • (f) You may not hyperlink to any of the Platform without permission from Us.
  • (g) You may access information on, and download and print extracts from the Platform for Your personal use only. No right, title or interest in any downloaded materials or software is transferred to You by downloading and You are expressly prohibited from using such materials for any commercial purpose unless agreed with Us in writing.

14. User Account Suspension

  • Seran may at its sole and absolute discretion suspend or otherwise put restrictions on Your access to Your Account and to the Platform during investigation for suspected violation of the Terms or any other abuse of Your Account or suspected breach of security of Your Account. Our decision to suspend or restrict the Seran Platform or any part thereof as We deem appropriate shall be final and binding on You.

15. Breach and consequences

  • (a) In the event of breach of any of the Terms being evidenced from Our investigation or if there is reasonable belief, in Our sole discretion, that Your continued access to the Platform is detrimental to the interests of Seran, Our other Users or the general public; We may in Our sole discretion take any or all of the following actions:
  • (i) Restrict Users suspected of colluding or cheating from the Platform;
  • (ii) Permanently suspend and terminateYour Account on the Platform;
  • (iii) Demand damages for breach and take appropriate civil action to recover such damages; and/or
  • (iv) Initiate prosecution for violations that amount to offences in law.
  • (b) Additionally, in the event of committing material breach hereof, We reserve the right to bar You from future registration on the Platform.
  • (c) The decision of Seran on the action to be taken as a consequence of breach shall be final and binding on You.
  • (d) Any action taken by Seran shall be without prejudice to Our other rights and remedies available in law or equity.

16. Limitation of Liability

  • (a) Users shall access and use the Platform voluntarily and at Their own risk. Seran 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 Platform (including participation in the Contest(s)or as a result of acceptance of any prize.
  • (b) Seran accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to any prizes/winnings.
  • (c) In consideration of Seran allowing Users to access the Platform, 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 Seran, 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 access and use of the Platform or related to the Contests or prizes of the Contests.
  • (d) In addition to specific references to limitation of liability of Seran elsewhere in the Terms, under no circumstances (including, without limitation, in contract, negligence or other tort) shall Seran be liable for any injury, loss, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with Your access to, or use of, or inability to access or use, the Platform. You further agree to indemnify Us and Our service providers and licensors against any claims in respect of any such matter.
  • (e) Without limiting the generality of the foregoing, You specifically acknowledge, agree and accept that We are not liable to You for:
    • (i) the defamatory, undesirable or illegal conduct of any other User of the Platform;
    • (ii) any loss whatsoever arising from the use, abuse or misuse of Your Account or any feature on the Platform;
    • (iii) any loss incurred in transmitting information from or to Us or from or to Our Platform by the internet or by other connecting media;
    • (iv) any technical failures, breakdowns, defects, delays, interruptions, improper or manipulated data transmission, data loss or corruption or communications' infrastructure failure, viruses or any other adverse technological occurrences arising in connection with Your access to the Platform;
    • (v) the accuracy, completeness or currency of any information services provided on the Platform;
    • (vi) any delay or failure on Our part to intimate You where We may have concerns about Your activities;
    • (vii) any delay in the provision of any prize to You pursuant to Your participation in a Contest;
    • (viii) any warranty or service related issue arising out of or in relation to Your availing or usage of any prize issued to You pursuant to Your participation in a Contest; and
    • (ix) Your activities / transactions on third party websites or applications accessed through links or advertisements posted on the Platform.
  • (f) Without prejudice to the provisions of these Terms, Seran’s liability to You, and any person claiming through You pursuant to or in respect of any Contest(s), under law, contract or any other theory of liability, in aggregate, shall be limited to the amount of administrative fees / service fees charged by Seran in relation to such Contest(s).

17. Disclaimers

  • (a) The Platform and the Content present on it are provided strictly on an "as is" basis with all faults or failings. Any representations, warranties, conditions or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) are specifically excluded to the fullest extent permitted by law. Seran does not ensure or guarantee continuous, error-free, secure or virus-free operation of the Platform or its Content including software, Your Account, the transactions in Your Account or continued operation or availability of any facility on the Platform.
  • (b) Additionally, Seran does not promise or ensure that You will be able to access Your Account or obtain access to the Platform whenever You want. It is entirely possible that You may not be able to access Your Account or the Platform at times or for extended periods of time due to, but not limited to, system maintenance and updates.
  • (c) Seran disclaims responsibility and liability for any harm resulting from cancellation of any Contest organized by it. If You are playing a paid version of a game on the Platform, You acknowledge and agree that You will not be entitled to any refund in case of any service outages that may be caused by failures of Our service providers, computer viruses or contaminants, natural disasters, war, civil disturbance, or any other cause beyond the reasonable control of Seran.
  • (d) Seran specifically disclaims any liability in connection with the Contests made available or organized on the Platform which may require specific statutory permissions, in the event such permissions are denied or cancelled whether prior to or during such Contest or event.
  • (e) Seran specifically disclaims any liability in connection with Your transactions with third parties, which may have advertisements or are hyperlinked on the Platform.
  • (f) Seran disclaims any liability in connection with violation of intellectual property rights of any party with respect to third party Content or User content posted on the Platform. Intellectual property rights in any Content not belonging to Us belong to the respective owners and any claims related to such content must be directly addressed to the respective owners.
  • (g) Seran specifically disclaims any liability arising out of the acts or omissions of the infrastructure providers or otherwise failure of internet services used for providing and accessing the Platform.
  • (h) Seran specifically disclaims any liability arising of the conduct or supply of goods or provision of services by its vendors, or any damage or injury arising out of Your usage of such goods or availing of such services. YOU AGREE THAT YOUR USAGE OR EXERCISE OF A PRIZE SHALL BE AT YOUR SOLE RISK.
  • (i) Seran disclaims liability for any risk or loss resulting to You from Your participation in the paid versions of the Contests, including all risk of financial loss.

18. Indemnity

  • (a) To the extent permitted by law, and in consideration for being allowed to participate in the Contests, You hereby agree to indemnify, save and hold harmless and defend Us (to the extent of all benefits and awards, cost of litigation, disbursements and reasonable attorney's fees that We may incur in connection therewith including any direct, indirect or consequential losses, any loss of profit and loss of reputation) from any claims, actions, suits, taxes, damages, injuries, causes of action, penalties, interest, demands, expenses and/or awards asserted or brought against Us by any person in connection with:
  • (i) infringement of their intellectual property rights by Your publication of any Content on the Platform.
  • (ii) Unlawful, defamatory, offensive or illegal conduct by You or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from You or otherwise;
  • (iii) use, abuse or misuse of Your Account on the Platform in any manner whatsoever;
  • (iv) any disconnections, technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communication lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with Your access to or use of the Platform; and
  • (v) access of Your Account by any other person accessing the Platform using Your username or password, whether or not with Your authorization.
  • (b) Users shall be solely responsible for any consequences, which may arise due to Their access of the Platform by conducting an illegal act or due to non-conformity with these Terms and other rules and regulations in relation to the Platform and Contests. Users also undertake to indemnify Seran and its 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 Seran on account of such act on the part of the Users.
  • (c) Users shall indemnify, defend, and hold Seran harmless from any third party/entity/organization claims arising from or related to such User's engagement with Platform or participation in any Contests. In no event shall Seran be liable to any User for acts or omissions arising out of or related to User's engagement with the Platform or his/her participation in any Contests.

19. Infringement of Copyright and Personality Rights

  • In good faith, if You have reason to believe that any work copyrighted by You or which embeds Your personality rights or other proprietary interest has been reproduced, embedded, or linked without authorization on the Platform or a Contest, in a manner that constitutes an infringement of Your copyright or Your personality rights, including rights to Your reputation, identity or personal data, or other proprietary interest under Indian law please compile the following information and email: spp@cricwars.com
    • -- A clear identification of the work allegedly infringed;
    • -- A clear identification of the allegedly infringing material on the Platform (with specific URL reference);
    • -- Your contact details: name, address, e-mail address and phone number;
    • -- A statement that You believe, in good faith, that the use of the allegedly infringing material on the Platform is not authorized by Your agent or the law;
    • -- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
    • -- Your signature or the signature of Your authorized agent.

20. Grievances

  • You may contact Us via Our Contact Us page on www.cricwars.com or write to support@cricwars.com to notify Us of any grievances or concerns that You may have in relation to Our Platform or Contests or to otherwise provide Us with feedback concerning the same. We may seek additional information concerning Your grievance or feedback, but any such communication from Us shall not be construed as making a commitment, representation or warranty to review, respond to or redress any grievance or feedback provided. You shall not claim or demand any royalty or fees from Us in case We make any changes or update Our Platform or Contests pursuant to Your feedback.

21. Governing law, dispute resolution and jurisdiction

  • (a) The Terms and Privacy Policy shall be interpreted in accordance with the laws of India.
  • (b) Any dispute, controversy or claim arising out of the Terms or Privacy Policy shall be subject to the exclusive jurisdiction of the civil courts at Mumbai.The courts at Mumbai shall also have the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as mentioned below.
  • (c) 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.
  • (d) The place of arbitration shall be Mumbai. 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.
  • (e) 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.
  • (f) Nothing contained in these Terms shall prevent Seran from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Seran'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 Seran to pursue any remedy for monetary damages through the arbitration described herein.

DISCLAIMER

Unless otherwise explicitly specified, CRICWARS is not affiliated in any way to and claims no association, in any capacity whatsoever, with any international or national sports governing bodies, tournaments or leagues, including, but not limited to the Board of Control for Cricket in India (BCCI) or the International Cricket Council (ICC).

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