Terms and Conditions of Service
- Sachar Gaming Private Limited having its registered office at Art Guild House A wing Phoenix Market City Unit No-6,7& 8 Kurla (W) Mumbai - 40007, Maharashtra, India ("Sachar") operates and provides the ‘KhelChamps’ fantasy game (“Khelchamps”) through the www.khelchamps.com website and related mobile application (the “Platform”). Through the Platform, Sachar offers free-to-play fantasy contests (“Free Contests”) and/or pay-to-play fantasy contests on Khelchamps (“Paid Contests” and together with the Free Contests, the “Contests”).
- Users (as defined herein) can participate in the Contests, subject to these Terms and Conditions of Service (“the Terms”) by accessing Khelchamps through the Platform, registering an account on the Platform, creating virtual team(s) online through the Platform interface and paying the requisite entry fee for a Contest (“Contest Fee”) using any of the available payment modes available on the Platform. The Contest Fee includes the service/platform fees charged by Sachar from Users to operate and offer Khelchamps (“Platform Fee”).
- For the purpose of these Terms, wherever the context so requires "You", “Your”, “Yourself”, “Their” or “User” shall mean any person who accesses or uses the Platform or participates in the Contests. “We”, “Us” or “Our” shall mean Sachar, its employees, and authorised agents that perform any services on Sachar’s behalf in relation to the Platform, Khelchamps or the Contests.
- We reserve the right to make changes to these Terms at any time. We shall not be required to notify You, of any changes made to the Terms. Any such modifications will become effective immediately upon posting to the Platform. As between Sachar 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, if any associated with Your Account (defined below). Use or access of the Platform and participation in Khelchamps by You after any modification to the Terms, constitutes Your acceptance of the Terms as modified. You are advised to regularly visit or access 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 or access of the Platform or participation in Khelchamps. You may then exercise the options provided in or through 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 or share supplementary conditions applicable to the Platform or Khelchamps. In such an event, Your use or access of the Platform and Khelchamps will be governed by the Terms as well as any such supplementary terms that the Platform and Khelchamps may be subject to.
- 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.
- We may at Our sole discretion, (i) Restrict, suspend, or terminate any User's access to all or any part of the Platform or right to participate in Khelchamps; (ii) Change, suspend, or discontinue all or any part of the Platform or Khelchamps; (iii) Reject, move, or remove any material that may be submitted by a User; (iv) Move or remove any content that is available on or through the Platform or Khelchamps; (v) Deactivate or delete an Account and all related information and files on the account; (vi) Establish general practices and limits concerning use or access of the Platform or participation in Khelchamps; (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 and/or Users hereunder to any entity (post intimation of such assignment to all Users to their registered email ids and/or phone numbers).
- In the event any User breaches, or Sachar reasonably believes that such User has breached these Terms, or has illegally or improperly used or accessed the Platform or participated in the Contests, Sachar 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, debar Users from participating in the Contests, and further, take technical and legal steps as it deems necessary.
- In case of any breach or violation by the User of these Terms, Sachar will not be obligated to refund any Platform Fee already paid in respect of any Contests, and any Prizes (as defined herein) 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 Prizes, 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.
- 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.
- 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, Nagaland, Assam, Sikkim, and Odisha (“Prohibited States”).
- The Website may validate your account via email or phone as required. However it should be noted that khelchamps.com reserves the right to validate your accounts.
- Any information provided by You to Us, whether at the stage of registration or during anytime subsequently while participating in Khelchamps, should be complete and truthful.
- You hereby confirm that You are not a resident of the Prohibited 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 Prohibited States. Sachar reserves the right to restrict access to, and participation in, the Paid Contests to any person, from time to time in Our sole discretion.
- You are aware that participation in the Contests 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.
- 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 Sachar assumes no liability or responsibility for any financial loss that You may sustain as a result of participation in the Contests.
- To the extent applicable to You, 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, team name(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 Sachar has the right to use in any manner whatsoever, all communication or feedback provided by You.
- You understand and accept that Sachar 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 Sachar.
- You understand any funds collected by Sachar in relation to Your participation in Khelchamps, including any funds in Your Account do not carry any interest or return.
- You shall not hold Sachar 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 if You are suspected or determined to have violated of any of the Terms.
- You understand and accept that by viewing, accessing 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.
- You consent to receiving communications such as announcements, administrative messages and advertisements from Sachar or any of its partners, licensors or associates.
User Account Registration
- In order to participate in the Contests, You will need to register and create a user account on the Platform (“Account”).
- During the registration process, 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 balance to Your Account. You must give Us the correct details in all fields requiring Your personal information, including, without limitation, Your name, postal address, email address, telephone number(s) etc. You undertake that You will update this information and keep it current.
- In the event You indicate, while entering an address, or We reasonably determine that You are a resident of the Prohibited States, You will not be permitted to proceed to enter any Paid Contests.
- 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 registration on the Platform.
- 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.
- You understand that it is Your responsibility to protect the information You provide on the Platform including but not limited to Your username, password, email address, contact details and mobile number. Sachar 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.
- 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 or balance in Account.
- You also understand and agree that deposits in Your Account maintained with Us are purely for the purpose of participation in Paid Contests made available on the Platform.
- 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 any two (2) of the following:
- PAN Card
- Bank Account
- We are legally obliged to deduct Tax Deducted at Source (TDS) on all Prizes. In these cases, You will be required to furnish Your Permanent Account Number (PAN) duly issued to You by the income tax authorities if You have not already done so. Withdrawal of the 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.
- You understand and agree that You cannot transfer any sums from Your Account to the account of another registered User on the Platform or provide Your Prizes to any other User except as may be specifically permitted by Us and subject to restrictions and conditions as may be prescribed.
Personal Information Verification
- Sachar may from time to time attempt to validate and verify Your 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 any Contest(s) being interrupted due to Our being unable to establish contact with You.
- 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.
- 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.
- 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 through which the payment was made to Your Account or by cheque to the address provided by You. In the event the address provided by You is incorrect, Sachar 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 Sachar are paid by You.
- 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.
- 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.
- When collusion or cheating is detected, Sachar shall take appropriate action against offending Users, which may include Your disqualification from the Contest(s) and forfeiture of Your Contest Fee and may extend to the termination of Your Account, based upon the gravity and time-frame of Your fraudulent or mala fide conduct.
- You are prohibited from using the Platform 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.
- Sending spam emails or any other form of unsolicited communication for obtaining registrations on the Platform to benefit from any promotional program of Sachar or for any other purpose is strictly prohibited.
- Multiple IDs: Your registration across the Platform is restricted to a single Account, which will be used by You to enter Contests. You are prohibited from creating or using multiple Accounts across the Platform for participation in Contests.
- You may not create a login name or password or upload, distribute, transmit, publish or post content 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 Sachar or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or websites;
- Promotes a competing service or product; or
- Violates any laws.
- In the event, We determine that the login name created 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 so that We can change Your existing login name to the new name provided by You. If, You fail to provide an alternate name, We reserve the right to permanently suspend Your Account.
- 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.
- You may not alter or modify content on the Platform, or remove, obliterate or obstruct any proprietary notices or labels.
- You shall not exploit the Contests offered and content available on the Platform for commercial purposes including 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.
- 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.
- 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 Sachar. 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.
- 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.
- 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, prepaid cash cards, mobile phones for adding cash to Your Account or participating in the Contests is strictly prohibited.
- Accessing or attempting to access the Platform through another individual's User account is strictly prohibited.
- If You are an officer, director, employee, consultant or agent of Sachar or 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 in the course of Your engagement with Sachar. For these purposes, the term ‘relative’ shall include a spouse, financially dependent parents, and children (including step-children).
- 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 in the course of Your engagement with Sachar.
- 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.
- Sachar offers Free Contest(s) on the Platform where Users can play certain Contests only for practice. These Free Contests do not require any Contest Fee and also do not have any Prize on offer.
- Sachar offers the Paid Contests on the Platform in the form of a public league where Users can participate in the Paid Contests with other Users without any restriction on participation (on a first-come-first-serve basis as the Paid Contests all have a fixed number of slots).
- The number of participants required to make the Contest(s) operational will be pre-specified and once the number of participants in such Contest(s) equals the pre-specified number required for that Contest(s), such Contest(s) shall be operational. In case the number of participants is less than the pre-specified number at the time of commencement of the round, such Contest(s) will not be operational and the Contest Fee (if any) paid by each User shall be returned to the User without any charge or deduction. If a match is cancelled or abandoned after becoming operational, the Contest(s) for that match will not be operational and the Contest Fee (for Paid Contests) paid by each participant shall be returned to the User without any charge or deduction.
- In order to participate in the Contest(s) and subject to these Terms, You must create a fantasy game team (“Team”) consisting of eleven (11) real life cricketers involved in real-life cricket matches, (each a “Match”) to which the Contest relates. Each User of the Contests will compete against other Users by picking their respective teams from the available squads.
- The manner in which You can select a team and the restrictions applicable thereto, the points that will be awarded, substitutions that will be allowed and all other rules of the Contests will be governed by Khelchamps Rules as available on the Platform and any other rules and regulations (including rules and regulations in relation to any payments made to participate in the Paid Contest(s); and all Users agree to abide by the same.
- “Prize/s” shall mean the prizes (if any) due to Users in accordance with these Terms. The winner of a Contest (“Winner”) will be primarily determined on the basis of the cumulative points accumulated by such User’s Team. The User(s) whose Team has the most amount of aggregate points, relative to the Teams of other Users participating in the Contests will be declared as the Winner(s). The contemplated number of Winner(s) and the Prizes due to each Winner in each Contest 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’ Teams, the Winner will be determined in accordance with the tie breaker mechanism set out in Khelchamps Rules. Sachar shall not be liable to pay any Prizes if it is discovered that the Winners have not abided by these Terms and other rules and regulations in relation to the Paid Contests.
- You understand and accept that Your participation in the Contests available on or through 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 Paid Contest(s) and subject to these Terms and the rules of the particular Paid Contest(s).
- We shall not be responsible for inaccurate details regarding any Prizes given to the participants by any third party.
- 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.
- 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 Prizes, these will be forfeited.
Payment and Withdrawal Terms
- All transactions on the Platform and in relation to the Contest shall be in Indian Rupees.
- The Platform hosts a number of Contests for which We reserve the right to charge an Platform Fee, which would be specified and notified by Us on the Contest page prior to Your joining of such Contest.
- Each Contest available on the Platform has a Contest Fee depending on the kind of Contest, kind of Prizes, level of participation and other factors per Our discretion.
- The Platform Fee and Contest Fee specified on the Platform are exclusive of GST and any other applicable indirect taxes.
- The Platform Fee, Contest Fee and applicable tax for Users taking part in a Contest will be debited from Your Account balance for the Contest, and We shall issue an invoice for such debit to You.
- You may use credit cards / debit cards / net banking / online payment wallets / accumulated game credits to remit the required amount to Sachar. The payment made shall be credited to Your Account and the applicable amount towards participation in the Contest shall be debited from Your Account. 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 Sachar in respect of any delay, including any lost opportunity to join any Paid Contests or round due to delay in processing of any fee.
- A transaction, once confirmed, is final and no cancellation is permissible. However, Sachar may, at its sole and absolute discretion, permit You to cancel a transaction.
- Sachar may, at its sole and absolute discretion, refund the amount to You 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.
- We permit withdrawals provided that the minimum amount to be withdrawn from Your Account is INR 200.00 (Indian Rupees Two Hundred only). You are required to play for 100% of Your paid amount before You place a withdrawal request. We may charge an additional fee of INR 15.00 (Indian Rupees Fifteen only) per transaction for the first withdrawal processed in one month. There will be no fee charged on any subsequent withdrawal transaction.
- We shall not permit any request for withdrawal without playing for the entirety of the paid amount. In some cases, in Our sole and absolute discretion, We may permit such withdrawal upon deduction of an additional processing fee constituting 5% of the paid amount.
- Sachar shall not be responsible for any interruption in the provision of the Contests, including, but not limited to disconnection or communication interferences due to issues in the internet infrastructure used for providing or accessing the Contests. You understand that Sachar has no control over these factors. You take full responsibility for any risk of loss due to such interruptions for any such reason.
- 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.
- 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 Sachar, 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 Sachar is free to use this material in any manner whatsoever.
- 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 Sachar, You may do so solely at Your own risk and liability.
- If You visit any third party website through any third party Content posted on the Platform, You will be subject to terms and conditions applicable to it. We neither control nor are responsible for content on such third party websites. The fact of a link existing on the Platform to a third party website is not an endorsement of that website by Us.
License Agreement and Intellectual Property
- All Content on the Platform shall be utilized only for the purpose of availing and accessing the Platform and in conformity with the Terms.
- You acknowledge that all ownership rights and all copyright and other intellectual property rights in the Content are owned by Sachar or Our licensors and that You have no right, title or other interest in any such items except as expressly stated in the Terms.
- 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.
- 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.
- 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.
- You may not hyperlink to the Platform without permission from Us.
- 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.
Refer A Friend
Breach and consequences
- 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 or participation in the Contests is detrimental to the interests of Sachar, Our other Users or the general public; We may in Our sole discretion take any or all of the following actions:
- Restrict Users suspected of colluding or cheating from the Platform or from participating in the Contests;
- Permanently suspend and terminate Your Account or Your right to participate in the Contests on the Platform;
- Demand damages for breach and take appropriate civil action to recover such damages; and/or
- Initiate prosecution for violations that amount to offences in law.
- Additionally, in the event of committing material breach hereof, We reserve the right to bar You from future registration on the Platform or participation in the Contests.
- The decision of Sachar on the action to be taken as a consequence of breach shall be final and binding on You.
- Any action taken by Sachar shall be without prejudice to Our other rights and remedies available in law or equity.
Limitation of Liability; Indemnification
- Users shall access and use the Platform voluntarily and at Their own risk. Sachar 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).
- By accessing and using the Platform, Users hereby release from and agree to indemnify Sachar, and/or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out of Their access to the Platform including (but not limited to) personal injury and damage to property whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on Their part, or otherwise.
- Sachar 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.
- In consideration of Sachar 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 Sachar, 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.
- In addition to specific references to limitation of liability of Sachar elsewhere in the Terms, under no circumstances (including, without limitation, in contract, negligence or other tort) shall Sachar 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 against any claims in respect of any such matter.
- Without limiting the generality of the foregoing, You specifically acknowledge, agree and accept that We are not liable to You for:
- the defamatory, undesirable or illegal conduct of any other User of the Platform;
- any loss whatsoever arising from the use, abuse or misuse of Your Account or any feature on the Platform;
- any loss incurred in transmitting information from or to Us or from or to Our Platform by the internet or by other connecting media;
- 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;
- the accuracy, completeness or currency of any information services provided on or through the Platform;
- any delay or failure on Our part to intimate You where We may have concerns about Your activities;
- any delay in the provision of any Prize to You pursuant to Your participation in a Paid Contest;
- 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 Paid Contest; and
- Your activities / transactions on third party websites accessed through links or advertisements posted on the Platform.
- Without prejudice to the provisions of these Terms, Sachar’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 Platform Fee charged by Sachar in relation to such Contest(s).
- The Platform and the Content present on the Platform 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. Sachar does not ensure or guarantee continuous, error-free, secure or virus-free operation or access to the Platform and/or the Content including software, Your Account, the transactions in Your Account or continued operation or availability of any facility on the Platform.
- Additionally, Sachar 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 and/or receive a receipt at times or for extended periods of time due to, but not limited to, system maintenance and updates.
- Sachar disclaims responsibility and liability for any harm resulting from cancellation of any Contest organized by it. If You are playing a Paid Contest, You acknowledge and agree that You will not be entitled to any refund in case of any service outages that may be caused by computer viruses or contaminants, natural disasters, war, civil disturbance, or any other cause beyond the reasonable control of Sachar.
- Sachar specifically disclaims any liability in connection with the Contests made available or organized on or through 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.
- Sachar specifically disclaims any liability in connection with Your transactions with third parties, which may have advertisements or are hyperlinked on the Platform.
- Sachar 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.
- Sachar 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.
- Sachar 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.
- Sachar disclaims liability for any risk or loss resulting to You from Your participation in the Paid Contests, including all risk of financial loss.
- 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:
- infringement of their intellectual property rights by Your publication of any Content on the Platform.
- defamatory, offensive or illegal conduct of any other User or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another User or otherwise;
- use, abuse or misuse of Your Account on the Platform in any manner whatsoever;
- 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
- access/use of Your Account by any other person, whether or not with Your authorization.
- 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 Sachar 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 Sachar on account of such act on the part of the Users.
- Users shall indemnify, defend, and hold Sachar 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 Sachar 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.
Infringement of Copyright and Personality Rights
- 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.
Governing law, dispute resolution and jurisdiction
- In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
- The place of arbitration shall be Mumbai. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
- The arbitration award will be final and binding on the Parties, and each party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
- Nothing contained in these Terms shall prevent Sachar from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Sachar'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 Sachar to pursue any remedy for monetary damages through the arbitration described herein.
Tabulation of Fantasy Points
- KhelChamps may use third party service provider/s and/or official website of the match organiser to get score feed and other information that is required for the calculation of the fantasy points. In case, chances of which are almost zero, there is any error in the calculation of fantasy points, selection of winners etc., due to the inaccurate feed provided by the third party service provider/s, KhelChamps will do its best to rectify the error before the distribution of prizes. KhelChamps depends on the accuracy of feeds provided by the third party service providers; however, it does not warrant the accuracy of such feeds received. Hence, KhelChamps won’t take any responsibility if there are inaccuracies in computation of fantasy points or selection of winners. Regarding this, users and participants agree not to make any claim or raise any complaint.