PlaySPL- TERMS AND CONDITIONS
THIS AGREEMENT IS A LEGAL, BINDING AGREEMENT BETWEEN S4W NETWORKS PRIVATE LIMITED [CIN No. U74999TN2017PTC118458], (hereinafter referred to as “Operator”, “Company” “SPL”, “spl”, “playspl”, ”spllive ”, “We”, “Us” or “Our”) AND ANY PERSON LOGGING IN AND/OR REGISTERING ON THE PLATFORM (as defined herein below) AND/OR ACCESSING OR USING OR SUBSCRIBING TO THE online Play & Win contest in the name and style of “Skill Premier League” or "SPL" as also any other games of predominant skill offered by the Operator whether on its own platform or through another platform or in conjunction with other operators (hereinafter referred to as “Contest” /"Games") (such person logging in or registering on the Platform hereinafter referred to as the “User”, “You” OR “Your”).
The Website and its registration are strictly PRIVATE and in no way should be considered to be open to the public. The rights of admission and/or registration are completely reserved and once registered, We do not make any guarantees, warranties, representations, or other promises in relation to the Services (as defined hereinbelow), and we do not assume any liability or responsibility including but not limited to any financial loss that you may sustain as a result of registration and/or participation. You are also requested to note that the Services and/or products are not intended for Users connecting to the site from jurisdictions that say it is illegal to do so.
By acceding to the terms of this Agreement and/or registering as a User on the Platform, You represent and warrant that: (a) You are a literate, individual bearing Indian Citizenship of at least 18 years old and eligible to contract per Indian Contract Act, 1872 ; (b) you are unconditionally and voluntarily accepting these terms and conditions; (c)There is no contract of any nature, operative and in force, to which You are a party (directly or indirectly) or under which You may be otherwise bound or subject to, which contain any terms or provisions that in any manner restrict, limit, prevent, prohibit or make unlawful Your compliance and/or performance of the terms of this Agreement; (d) You are not operating, logging in and/or accessing the Website or availing the Services from any of the states and/or jurisdiction that restricts and/or prohibits the Services or participating in Contests or playing the Games offered as a part of the Services, in any manner whatsoever including but not limited to the states of Assam, Sikkim,Nagaland, Orissa,Andhra Pradesh,Karnataka and Telangana; and (e) You will at all times during the subsistence of this Agreement comply with all applicable laws and regulations including ensuring that you are not in violation of any jurisdictional restrictions or prohibitions as mentioned hereinabove
The terms of this Agreement are subject to change at any time without notice. To make sure You are duly aware of any changes, please review this Agreement periodically at the Website. Continued use of the Platform after any such changes shall constitute Your consent to any such changes.
This Agreement shall become effective immediately upon acceptance (as indicated by clicking on the “I Accept” button or downloading the Program or checking a box or otherwise accepting this Agreement) of the Agreement by the User. The date of such acceptance shall hereinafter be referred to as the “Effective Date”.
Unless specified otherwise, Operator and User shall hereinafter be referred to collectively as “Parties” and individually as “Party” and also deem to mean and include their respective successors, assigns and/or legal heirs as may be applicable.
The Contests/ Games are is offered through a platform owned or operated by the Operator or a service provider to the Operator and such platform could provide various modes of interface to the User (as defined hereinafter) including a mobile application or a web interface or such other modes as may be introduced by Operator from time to time. Such mode of interface which allows a user to participate in a Contest and otherwise avail of the Services is herein referred to as “App” or “Site” or “Platform”.
The contest is open only to Indian citizens, residing in India except the residents of the Indian states of Assam, Sikkim, Nagaland, Orissa, Andhra Pradesh, Karnataka & Telangana and any such other states or jurisdictions which may from time to time prohibit participating in Contests/ Games such as those offered by the Operator.
- ONLY INDIAN CITIZENS ARE PERMITTED TO PARTICIPATE IN THIS CONTEST. It is clarified that Citizens and/or residents of countries other than India are not eligible to participate in the contest..
- In respect of states or jurisdictions which impose prohibitions/ restrictions, there may be applicable penalties imposed on such person by the respective state governments or the Government of India, as the case maybe or any other relevant statutory authority. Our Company and the Website doesn’t accept membership request from persons who are residing in these states and if a person residing in such state/ jurisdiction registers as a User by giving false information and/ or attempts to unauthorisedly access the Services from such state/ jurisdiction, the liability will be solely on such User and the Company reserves the right to terminate the User’s registration without any notice and confiscate all his amounts and winnings as the case may be. You accept that the Company will not be liable to take any responsibility for the breach by the User of applicable state or local laws. Users from all States/ jurisdictions have to always ensure that they are following the applicable State/ jurisdictional laws. We will endeavour, on a best effort basis, to post any changes that we deem appropriate to better educate the users. Our decision in this regard will be final and no consideration whatsoever will be extended to the User.
- The User has the responsibility to ensure that the User complies with all laws in any jurisdiction that apply to the User and/or the Operator as well. If the User lives and/or operates from a state within India or other jurisdiction where the Services are prohibited and/or restricted, the User must neither register nor attempt to use the Services. You are responsible for compliance of any laws that are applicable on domicile/ state/ residence. In case You participate in the Contest or avail of the Services by misrepresentation or are found or suspected to be defrauding the systems of the Contest/ Games in any manner, you shall be debarred from participating in the Contest/ Games and the Operator shall in its sole discretion have the right to disqualify you at any stage of the process, forfeit any Prize or Winnings (as defined below), and take legal action against you and notwithstanding any other legal rights and remedies available to the Operator, You shall have the obligation to indemnify the Operator.
- The Operator shall adopt measures to the extent technically feasible to ensure that there are sufficient user restrictions to avoid any illegal use or access of its Gaming Services, and the same shall be updated from time to time, including but not limited to the prompt introduction of any measures suggested by competent governmental authorities. The User shall be solely liable for any attempt to subvert any of these user restrictions despite the presence of such adequate safeguards enforced by the Operator, except where such use is expressly permitted by the Operator. Any such use is liable to be treated as an unauthorized use of the Operator’s technology and the same shall be considered as theft or misappropriation thereof; and any such conduct shall also constitute tampering/hacking/dishonest receipt of stolen computer information, punishable under Chapter XI (Offences) of the Indian Information Technology Act, 2000. The User shall be criminally liable for such misuse of its technology, following any such theft or misappropriation.
- Employees of Operator, its respective holding, subsidiaries, associate companies and third-party service providers who have been engaged by Operator for the development, promotion, administration or execution of the Contests/ Games, and their family/household members are not eligible to participate in the contest.
- In case of any dispute regarding the Contests/ Games or any other aspect of the Services, Operator’s decision shall be final and binding.
- Operator may require you to provide your direct or indirect consent to any update in a specified manner before further use of the Site or participation in the Contest. If no such separate consent is sought, your continued use of the Site or participation in the Contests/Games, following such changes, will constitute your acceptance of those changes.
- Operator reserves the right to unilaterally withdraw and/or discontinue and/or terminate the Contests/Games or the Services at any stage without prior notice and without any liability whatsoever to You.
- The Contests/Games are void where prohibited by law.
- You may participate in the Contest only if You are 18 years or older at the time of entry in the Contest.
- You may be required to provide certain basic personal information about Yourself, including name, contact details, date of birth, mobile number, email id, etc. in order to register and participate in the Contest. You may be required to provide certain additional information/documents including financial information about Yourself during at any time or even after the Contests/Games.
- Operator reserves the right to seek from You, proof of age and/or nationality and any other information, detail etc. at any time.
- You shall not post any profanity or abusive comments anywhere including, on the Site, Contest /Operator website(s)/ Operator’s social media pages etc. or in any other manner. If you post any profane or abusive comments as mentioned above, You shall be deemed disqualified to participate in the Contests/Games and Operator reserves the right to take appropriate legal action against You.
- Operator shall not be responsible if Your account is accessed or opened by others using your password. You are held legally responsible and liable for all of your activities on the Website made from your account. You admit that you may be exposed to content posted by other Users which you may find offensive, obnoxious or indecent and that the Website may not be able to prevent such content being posted. Such content should be brought to the notice of the Operator. The Website shall act upon the information as it deems acceptable. The decision taken by the management of the Company or the Website in this regard shall be final and binding on the User and the User specifically agrees that Company will not incur any liability under any circumstance whatsoever regarding the same.
- You understand that it is your obligation to protect the information you have provided on the Website including, but not limited, to usernames, passwords, email addresses, contact details, and mobile numbers. You explicitly understand and agree that the Operator will not incur any liability for information provided by You to anyone which may result in Your account on the Website being exposed or misused by any other person or any other harm or loss being suffered by You.
- You may not impersonate another person or user, attempt to get a password, other account information, or other private information from a User, or harvest email addresses or other information.
- Any User who is “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. is not eligible to enter into this Agreement with Operator.
- By registering as a User or participating in the Contest, You hereby warrant that all information submitted by You is true and accurate.
Nature and use of the Platform
Registration: You may register by approving and agreeing to this Agreement and providing Your registered mobile phone number along with your email on the Contest. You will be verified by Operator using a one-time password (“OTP”) system. Upon successfully verifying the OTP, an account will be created for You (“Account”).
By registering for an Account, You represent, warrant and agree that:
a) You fulfil the eligibility criteria as detailed in Eligibility Conditions Section;
b) You are using Your actual identity and the mobile phone number you have provided is registered in Your own name;
c) You will provide only true, accurate, current, and complete information about Yourself, including optional information such as Your profile photograph, cover photograph, user-id, biograph etc., on the Contest (“User Details”);
d) You will maintain only one account/registration with us and You further agree not to register falsely or under any pseudo name as a user and misrepresent any other user;
e) You will not share your login IDs, passwords and other confidential information with anybody;
f) You will maintain and promptly update the User Details and other information that You provide on the Site to keep it true, accurate, current, and complete;
How to Participate
- In order to participate in any Contest/ Game offered, You must first download and install the App from the Google Play Store or App Store or our website (www.playspl.com) on Your mobile device. Thereafter, You must create a SPL account by submitting Your verified mobile number. You shall not use as user name, a name which is offensive, vulgar or obscene. If You already have a SPL account, You may directly log into Your existing SPL account.
- The Contests/ Games run 24x7 at all the times. You can join any Contest or participate/ play in a Game featured on the app by paying the stipulated participation fee out of monies available in Your SPL Wallet either resulting from monies deposited by you or prize monies credited to your SPL Wallet or incentive points credited to your SPL Wallet as detailed hereinafter. You undertake in the course of use of the Platform or participating in any game or contest, to strictly follow any workflow or procedures that may be stipulated by the Operator, from time to time.
- If at the end of the Contest/ Game, you are the/ one of the winners the Prize money will be credited in your SPL wallet. Any amounts lying in the Wallet shall not accrue any interest.
- Any amounts deposited by You in Your SPL Wallet cannot be withdrawn for a period of 90 days from the date of deposit.
- All amounts deposited by You in Your SPL Wallet and all prize monies credited to Your SPL Wallet shall be used or withdrawn by you within 335 days of such deposit or credit, as the case may be. In case any such amounts are unutilised after the expiry of the said 335 days, We may remit such amounts to You, after deducting a service charge of 10% of the monies lying unutilised beyind the said period or Rs.100, whichever is higher. In the event We are unable to effect such refund within a period of 30 days beyond the said 335 days, due to reasons solely attributable to You, such unutilised amounts shall be forfeited by You, without any liability on Us whatsoever, including any obligation to compensate You in any manner
- The Users acknowledge that their User Details will be accessible to other Users on the Contest and shall be available for SPL to create promotional and interactive content in respect of a Contest/ Game.
- Your Account is for Your personal use only. You shall not impersonate someone else. By creating an Account after providing a mobile phone number and verifying it using an OTP, You represent, warrant, and agree that You are authorized to participate in the Contests/ Games offered as a part of the Services and will abide by the Services Agreement.
- You understand and accept that your mere participation in a Game or Contest available on the Website does not create any obligation on us to give you a Prize (defined hereinbelow).
- Your winning a Prize is entirely dependent on your skill as a player similar to what it is for other players in the Game/Contest and subject to the rules thereof.
- Operator may, from time to time, award any incentive points to enable You to participate in any game or contest. Your use of each such incentive awarded and the games/ contests for which these can be used shall be governed by such rules, conditions and/ or stipulations as may be specified by the Operator from time to time. Such incentive points are not available for withdrawal by You at any point. Further, the period of availability of such incentive points for use shall be as specified in the aforementioned rules, conditions and/ or stipulations or 12 months from the date of these being awarded whichever is earlier.
- Decision of Operator in this regard is final and no correspondence in this regard will be entertained.
- While accepting the Prize(s), the winners may be required to sign an “indemnity and release of claims” form provided by Operator, which shall release Operator of all liability. Failure to complete and sign any documents requested by Operator may result in disqualification and forfeiture of the Prize. All decisions of Operator are final in this regard.
- The Prize shall not be assignable or transferable. However, Operator has the right to substitute the Prize with other prizes of equal value, as determined by Operator in its sole discretion.
- Operator shall in no event be liable to award any prize in lieu of or in addition to the Prize for any reason whatsoever. No interest or penalty in any form shall be due and payable by the Operator.
- Operator may inform the winners through the App via push notification or any other mode of communication as it decides in its sole discretion. Details of the winner(s) may be published in such manner in the App, as the Operator may decide from time to time.
- If Prize cannot not be available to the winner due to applicable law or other reasons, in such an event Operator reserves the right to not award the Prize at all. Operator does not guarantee that the Prize can be made available to the winner(s).
- All taxes, levies and duties due and owing under applicable and statutory laws in connection with all Prize(s) if any, and all other costs, including insurance, incidental costs, gifts, gratuities and taxes, are the sole responsibility of the Prize(s) winners. Prize may be subject to withholding taxes and/or other levies, cess etc. as per applicable law. Operator shall not be liable for payment of any tax on the Prize.
- In case You are found to be in violation of any rules of the Contest/Games, Operator reserves the right to initiate legal proceedings against You including but not limited to having You return the Prize or forfeit the Prize won by You.
- In respect of any specific Game or Contest, the Operator may stipulate such additional terms and conditions as it deems fit. By participating in such Game or Contest, you agree to be bound by such additional terms and conditions too.
- In addition to a Prize, the Operator may also provide certain additional incentive, in such manner and subject to such terms as may be determined from time to time.
- At the end of the Contest/Game, the list of winners will be declared on the App. If You win, Operator may inform You about your winning and the Prize via push notification on the App and / or mobile number linked with Your SPL account.
- All decisions of Operator in respect of the Contest and the Prizes therein will be final and binding.
Return ,Refund & Cancellation policy
- We do not cancel registrations once entered. However, in case of exceptional circumstances wherein any errors may lie with the payment gateway or on Our part (for reasons that are genuine and proved after investigation by Us), We will cancel Your order on request and recredit the Entry Fee or other participation amounts received, to You within a reasonable amount of time.
- In case We cancel Your participation at any Contest/ Game as a result of this, We will recredit Your Entry Fees to You within a reasonable amount of time for You to redeem the same by playing other contests.
- No other cancellations or refunds will be made or entertained under any circumstances by Us. Without prejudice to the generality of the foregoing, if Your participation in a Contest or Game ends because You click on the back button or due to network failure or any other device related issue, participation in the Contest or Game will be considered as completed by You and no refund will be given.
Disclaimer and Legal Aspects
- It is clarified that any amounts lying to the credit of Your account with Us, which may represent a Prize or a refund of the monies remitted by You, may be withdrawn by You, subject to such rules and conditions as established and notified by the Operator at its discretion which may also be unilaterally amended from time to time. Such refund may be effected by the Operator according to any permissible mode and manner specified by the Operator. Remittances shall be effected accordingly, which may also be based on details You provide in respect of an available mode while registering with the Operator or subsequently and shall be subject to any transaction related charges. Furthermore, under no circumstance shall the Operator be responsible for any loss caused on account of such details being incorrect or otherwise having been fraudulently misused or misrepresented by the User or by any third party
The Contest/Game/ App and any third-party content are provided by Operator on an "as is" and “as available” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, Operator makes no warranty that:
(i)the Contest/ Game/App will meet your requirements or Your use of the Contest/Game/App will be uninterrupted, timely, secure or error-free or the App will always function without delays, disruptions, or imperfections;
(ii) the results that may be obtained from the use of the Contest/Game/App will be effective, accurate or reliable;
(iii) the quality of the Contest/Game/App will meet your expectations; or that
(iv) any errors or defects in the Contest/Game/App will be corrected. No advice or information, whether oral or written, obtained by you from Operator or through the Contest/Game/App or from use of the Contest/Game/App shall create any warranty not expressly stated herein.
- Operator will have no liability related to Contest/Game/App /User Details and / or third-party content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Operator also disclaims all liability with respect to the misuse, loss, modification or unavailability of Contest/Game/App /User Details and / or third-party content.
You expressly understand and agree that Operator shall not be liable or responsible in any manner for:
(i) failed, returned or misdirected notifications based on inaccurate information provided by you in connection with your participation in the Contest or Game;
(ii) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind;
(iii) any electronic miscommunications, utility or communication failures, failure/crash of any technical hardware or app or software;
(iv) failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in a Contest/ Game;
(v) any technical malfunctions of the telephone network, computer online system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Contest.
- You expressly understand and agree that, to the maximum extent permitted by applicable law, Operator will not be liable for any loss or damage that you may incur as a consequence of unauthorized use of Contest/Game/App, either with or without your knowledge.
- Operator does not warrant that any information on Contest/App is correct. Operator neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service.
- Operator shall not be responsible for the delay or inability to use the Contest/Game/App or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Contest/Game/App, or otherwise arising out of the use of the Contest/App, whether based on contract, tort, negligence, strict liability or otherwise.
- Operator shall not be held responsible or liable in any manner whatsoever for non-availability of the Contest/Game/App for any reason whatsoever and at any time including that which may occur due to technical reasons or for any reason beyond Operator's control. You understand and agree that any material or data submitted or otherwise provided through the Contest/App is done entirely at your own discretion and risk and you will be solely responsible for the same.
- Operator accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
- Operator believes that all games offered on the Website are predominantly games of skill. If You think otherwise please refrain from engaging with the Website and/ or availing of the Services.
You agree to indemnify, defend and hold harmless Operator, its holding company, subsidiaries, associate, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (hereinafter individually and collectively referred to as "Indemnified Parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties arising out of or resulting from, or in connection with
(ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the App or participation in a Contest/ Game or winning/claiming of the Prize;
(iii) Your violation of any rights of another, including any intellectual property rights;
(iv) Your violation of any applicable laws.
Applicable law and jurisdiction
SPL is operated by Operator in India. As such, the laws of India will govern these Terms & Conditions.
The User hereby irrevocably and unconditionally consents to submit any and all disputes pertaining to these Terms & Conditions to the exclusive jurisdiction of a sole arbitrator appointed by the Operator. The Arbitration shall be under the aegis of the Arbitration and Conciliation Act 1996, as amended from time to time. The venue and seat of the arbitration shall be Chennai, Tamil Nadu.
Limitations Regarding Gaming
- The Operator may, from time to time, offer games on the Platform in conjunction with a third party. You additionally undertake to follow all gaming rules that may be stipulated by such third party.
- If the User discovers a bug or any other error in the system, he/she must immediately log out from the App. The User may never profit from a bug or error in the App. The User shall immediately inform the operator after having detected a bug or any other error on or in connection with the App or Platform.
Invalid games and forbidden behavior
- The Operator reserves the right to declare the Contest/ Game of the User void, entirely or partly, should it become evident that, for example: It has been offered, requested or accepted on the grounds of an error; the User or third parties acting in cooperation with the User jointly intend to evade or defraud the Company or other Users or third parties; the User is disqualified from participating in Contests/ Games in which the User or other party acting in cooperation with the User may directly or indirectly influence the end result; and/or the outcome of the Contest/ Game has, directly or indirectly, been influenced through criminal activities. The instances listed herein are illustrative and not exhaustive. Other instances of a similar nature or instances which tend to have the effect of unduly influencing the outcome of a Contest/ Game or advantage the User or disadvantage other users could also lead the Operator to declare a Contest/ Game void.
- The User must personally perform all actions in relation to the User’s Account and all payments to the account shall be made solely for the benefit of the User.
- Third parties may not be given access to the App through the User’s Account.
- The following behavior, amongst other things, is strictly forbidden in relation to the Services: use or attempted use, of external gaming assistance programs (EPA programs) including but not limited to, program or non-program based databases and profiles, for instance websites and subscription services created with the purpose of giving the User as a player an unfair advantage.
- Unfair advantage refers to a situation in which a User has access to or complies information on other users that the User has not observed during his/her own use of the Service; use or attempted use, of artificial intelligence or software that will play on behalf of the User or direct the User on how to play, e.g. so-called "robots", collusion or attempted collusion by exchanging information on hidden cards or other means, irrespective of the outcome of such an attempt. The Operator reserves the right, in addition to other measures, to prevent using the Services and/or ban the User from participating in a particular Contest(s)/ Game(s). Measures include the above measures or other types of gaming manipulation or illegal payment, including but not limited to the use of stolen account or credit cards, illegal credit, repayment or money laundering.
- The User agrees that the Operator may take measures by itself or via a third party to discover and/or prevent collusion, use of prohibited EPA programs, robots, chip-dumping and any other fraudulent or improper behaviour. The User or any person who intends to register with the Website is responsible at all times for ensuring the legality of using or registering for the Website in the region or jurisdiction where the User is located.
- The Player has the responsibility to ensure that the Player complies with all laws in any jurisdiction that apply to the Operator. If the Player lives in a state or jurisdiction within India where the Gaming service is prohibited or in other coutnries, the Player must neither register nor attempt to use the Gaming Service nor, in any manner, use any technical or other means to bypass identification of his precise location.
- The Operator has a zero tolerance policy for illegal behavior and can, should this occur, or there is a reasonable suspicion of it occurring, terminate the customer relationship, the User’s Account and any form of association with the User immediately and will cooperate with the statutory, regulatory and other governmental authorities as required.
- Updates to SPL: Operator may find it necessary to update or reset certain parameters to balance game play and usage of SPL. These updates or "resets" may or may not cause User setbacks within the relevant competitions and may affect characters, competitions including Tournaments, Challenges, Leagues, games, groups or other entitlements under the Userʼs control. Operator reserves the right to make these updates and is not liable to the User for these changes. The User is requested to contact the Operator at email@example.com for any questions regarding customer relations and any issues arising from the User in-game activity.
- Communication: All communications between the Users and SPL shall be in written form via Electronic mail. To contact SPL in relation to the Services, the User is required to submit a support request to customer support team to firstname.lastname@example.org
- This Agreement is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.