|II.||Only people of sound mind who are above 18 years of age may use this Platform.|
|III.||This Platform may not be used by residents of Assam, Odisha, Nagaland and Telangana. Further, there may be certain games that may be restricted in some additional states. To understand more about who may use this Platform, please refer to section on Eligibility.|
|IV.||You may register on the Platform and add cash to Your account by following the registration procedure laid down in the section on Nature and use of the Platform.|
|V.||Please note that Your User Details will be accessible to other users on the Platform.|
|VI.||The rules governing Your participation in the Contests available on Our Platform are available at Our section on Participation. Further, each Mobile Game may be subject to its own Game Rules and Code of Conduct. To understand Mobile Games better, please refer to section on Mobile Games|
|VII.||Please note that We have the sole discretion to determine the terms applicable on any Contest including the Awards to be given in any Contest. Further, the Entry Fee for any contest is non-refundable and may only be refunded under the circumstances stated in section on Return, Refund and Cancellation policy.|
|VIII.||Winnings may be withdrawn by You from Your account, subject to the completion of KYC verification and will be subject to TDS deductions.|
|IX.||Only skill-based games are available on Our Platform. To understand more about the nature of games offered on Our Platform please refer to section on Games of skill.|
|X.||We further request that You follow the precautions laid down in section on Safety while playing Mobile Games on Our Platform.|
|XI.||While using the various communication channels provided on Our Platform, You must abide by rules stated in the section on Community rules and code of conduct.|
|XII.||You may not use the Platform in ways stated in section on Restrictions. You will indemnify Us in the event We suffer any losses on account of Your use of Our Platform or Your failure to abide by this Agreement.|
|XIII.||Circumstances under which Your access to the Platform or this Agreement may be terminated are stated in the section on Termination.|
|XIV.||Your use of this Platform is completely at Your own risk. We disclaim all warranties in relation to the Platform. To understand more please refer to section on Disclaimer.|
|XV.||Any dispute between You and Us will be resolved by way of Arbitration which will be conducted in Bangalore by a sole arbitrator appointed by Us. For further details, refer to section on Governing law and dispute resolution.|
|XVI.||For information about Our Referral program, please click here.|
|XVII.||For rules governing GOS SuperTeam, please click here.|
|XVIII.||If You have any complaints or grievances over any of the Services offered on the Platform, please contact our Grievance Officer.|
|XIX.||To know about our Anti-Money Laundering Policy, please click here|
1.1. SportsWizz Limited is an Indian company incorporated under the Companies Act, 2013. Sportswizz operates a mobile gaming portal in India, which offers various skill and learning based digital games developed by Third-Party Game Developers and other promotional and interactive features (collectively “Services”) through its web portal https://gameofscores.com/, partner websites, mobile applications and other portals (collectively, the “Platform”).
1.2. Capitalized terms used herein but not defined shall have the meanings ascribed to them under section 1.9 (Definitions) of this Agreement.
1.3. This Agreement shall apply to all Persons who visit the Platform, or create a player Account including any contributors of content over the Platform (the “Users”, “You” or “Your”).
1.4. By registering on, browsing, downloading, using or accessing any part of the Platform or utilizing the Services, the Users agree to be bound by this Agreement.
1.5. If at any time the User does not accept or agree to any terms of this Agreement, on a continuing basis in relation to any of the Services offered on the Platform, they should not access the Platform.
1.8. Any User’s continued usage of the Platform after any such update, change, replacement or modification in the Agreement constitutes their valid consent to such changes.
1.9.2. “Applicable Law” means all laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, orders, permits, tariffs and approvals, including those relating to health and safety, of any governmental authority or self-regulatory guideline that may apply to the Users or is related to the subject matter of this Agreement as applicable in the territory of India.
1.9.3. “Balance” means the credit (either in the form of cash or GOS Tokens) available in an Account and includes amount added by a User through Deposits or/and earned through Winnings by participating in Contests on the Platform.
1.9.4. “Contest” is a skill- based competition offered by Sportswizz on the Platform in which Users compete either in a tournament or 1vVs1 battle by playing the Mobile Games on the Platform. Contests can be either ‘paid’ or ‘free to play’. Paid Contests require the Users to pay an Entry Fee for participation, whereas free to play Contests are open to all Users without any Entry-Fee.
1.9.5. “Deposit” means the amount added by the User to his/her Account through his/her preferred payment mode (e-wallet, debit/credit cards, UPI/BHIM, net banking). The Deposit conversion ratio is INR. 1/- (Rupees One Only) = INR 1 (one).
1.9.6. “Entry-Fee” refers to the fee which Users pay either in the form of cash Balance or GOS Tokens available in their Account to participate in a Contest on the Platform.
1.9.7. “GOS Token” means the award in the form of GOS tokens that may be given to any User at Sportswizz’s sole discretion for participating on the Platform.
1.9.8. “Mobile Games” means the digital games of skill including fantasy games available on the Platform developed by Sportswizz or Third-Party Game Developers.
1.9.9. “Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under the Applicable Law.
1.9.10. “Sponsored Content Partner” means a Userthird party engaged with Us for the display of Sponsored Content on the Platform.
1.9.11. “Sponsored Content” means content distinct from other regular editorial content provided by Sportswizz, and displayed on the Platform in the form of audio, video, text and/or image media which supports a third party’s brand message, promotional offers, discounts and/or views that are readily identifiable as belonging to a third-party upfront through distinct and distinguishable font, colour, display schemes and/or usage of disclaiming words (such as “Ad”, “Powered by”, “Sponsored by”, “With”, “Advertorial” and such other phrase of similar meaning).
1.9.12. “Third Party Game Developer” refers to any Person (natural or juristic) whose Mobile Game is available on the Platform.
1.9.13. “User” shall mean any Person who accesses the Platform to participate in Mobile Games, Contests and/or avails Services through the Platform.
1.9.14. “Winnings” shall mean awards (either in the form of cash, GOS Tokens or promotional gifts) given to a User for winning or/and performing well in a particular Contest on the Platform.
1.10.1. Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided for.
1.10.2. Headings and captions are used for convenience only and not for interpretation of the Agreement.
1.10.3. Any reference to a natural Person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic Person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.
2.1. Any browsing, registering, downloading, using or accessing by any Person of any part of the Platform or utilisation of any of the services offered by Sportswizz will be deemed to constitute a legal contract between the User and Sportswizz.
2.2. A User may use the Platform if (a) it is a natural Person, as per any Applicable Law, regulation or generally accepted practices or guidelines applicable in the country of which User is a citizen, in which User is a resident or from where User uses the Platform; or (b) it is a juristic Person, as per any Applicable Law, regulation or generally accepted industry practices and guidelines applicable in the country where User is registered, where User maintains its principal office or from where User uses the Platform.
2.3. 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 Sportswizz.
2.4. The Platform should not be used, installed, or played by any Person under the age of 18 years.
2.5. No Person, whether a Sportswizz employee or not, who is involved in the development of Mobile Games or/and algorithms on the Platform can participate in any Mobile Games on the Platform, where such participation could alter, modify or unduly influence his/her performance on the Mobile Game, without express written permission of Sportswizz and subject to such terms and conditions as Sportswizz may seek to impose on such Person.
2.6. The Mobile Games and the services available on the Platform are open only to Persons currently residing in India. Persons residing in the state of Assam, Odisha, Nagaland and Telangana (“Restricted States”) are prohibited from participating in any Mobile Games on the Platform. Further, there may be certain games that may be restricted in some additional states. Please check the Special Rules/Terms of each Game to know more.
3.1. Sportswizz provides the Platform to You on which You can play Mobile Games either offered by Sportswizz or independent Third Party Game Developers. The Platform is designed to provide You an in-app browsing experience through an embedded browser. These Mobile Games run online over the Platform and do not have to be separately downloaded or installed.
3.2. Registration. You may register by approving and agreeing to the Agreement and providing Your registered mobile phone number on the Platform. You will be verified by Sportswizz using a one-time password (“OTP”) system. Upon successfully verifying the OTP, an account will be created for You (“Account”).
3.3. By registering for an Account, You represent, warrant and agree that:
3.3.1. You fulfil the eligibility criteria as detailed in section 2 (Eligibility);
3.3.2. You are using Your actual identity and the mobile phone number you have provided is registered in Your own name;
3.3.3. 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, audio status etc., on the Platform (“User Details”);
3.3.4. You will maintain and promptly update the User Details and other information that You provide on the Platform to keep it true, accurate, current, and complete.
3.4. The Users acknowledge that their User Details will be accessible to other User on the Platform and shall be available for Sportswizz to create promotional and interactive content over the Platform.
3.5. 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 use the Platform and will abide by the Agreement.
3.6.2. You are responsible for maintaining the confidentiality of passwords associated with any device You use to access the Platform. Accordingly, You are solely responsible for all activities that occur with Your device. If You become aware of any unauthorised use of Your device, You are required to notify the relevant authorities as soon as possible.
3.7.1. In order to participate in certain Contests, the Users may be required to pay an Entry Fee in the form of cash. Users may add cash to their Account by using any of the payment modes available on the Platform.
3.7.2. The Deposits may be used to participate in Contests in the manner provided under section 4 (Participation in Contests). There may be certain Contests which allow for payment of the Entry Fee in the form of GOS Tokens or may allow for part payment of the Entry Fee in the form of GOS Tokens and the remainder of the Entry Fee from the Deposit/Winnings.
3.8. Each User is solely responsible for all activities that occur under their Account, including the use of any of the Services on the Platform.
3.9. Sportswizz grants such Users a non-transferrable, limited, non-exclusive and revocable privilege to register an Account on and use the Platform.
3.10. If Sportswizz identifies that the same User Details are being used under multiple accounts, then Sportswizz at its sole discretion will terminate/deactivate the Account without the User’s consent and any Deposit in the Account will not be refunded.
3.11. Sportswizz, at its sole and absolute discretion and without any notice to the Users, reserves the right to restrict, suspend or terminate any Account or access to the Platform temporarily or permanently to any User.
3.12. Sportswizz may, at its sole and absolute discretion restrict, change, suspend, or terminate any User’s access to all or any part of the Platform, including but not limited to:
3.12.1. reject, move, or remove any material that may be submitted by the User;
3.12.2. move or remove any content that is available on the Platform;
3.12.3. deactivate or delete an Account and all related information and files on their Account;
3.12.4. establish general practices and limits concerning use of the Platform and the services; and
3.12.5. assign its rights and liabilities with respect to all Accounts hereunder, to any entity.
3.13. Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no ownership or other interest in their Account, and further acknowledge and agree that all rights in and to their Account are and shall forever be owned by and inure to the benefit of Sportswizz.
3.14. The Users also accepts to receive news, updates, offers/campaign in the form of SMS or such other modes, to the mobile phone number provided by the User, except when prohibited under Applicable Laws.
3.15. Platform Fee Information
3.15.1. The actual house edge for all the products/games is between 0% and 33% and under extreme exceptional cases may go beyond this range.
3.15.2. This can be easily deduced from the Entry Fee and the total prize offered. Some examples are as under:-
Platform Fee Examples
(a) For each user who joins a cash tournament, GOS platform fee is calculated as (1- Total Cash prize offered/(open slots x entry fee)) * Entry Fee
For example, in a 5 player tournament with an entry fee of रु100, and the total cash prizes on offer is रु450.
The GOS platform fee collected out of each user who is registering with रु 100 will be equal to (1 – रु450/(रु100 x 5)) * रु100 = रु10
The same calculation applies to tournaments hosted by Users, Pooled tournaments or Non-Guaranteed tournaments.
(b) Pooled Tournaments = Tournaments where the Total winnings on offer increases with the number of slots filled in the tournament. However, the platform fee on each registration remains constant for any number of slots filled.
(c) Non-Guaranteed Tournaments = Tournaments which get cancelled and all entry fees refunded if the minimum number of users required did not join the tournament
(a) For each successfully completed 2 player cash battle, GOS platform fee is calculated as (1- Total Cash prize offered/(2 x entry fee)) * Entry Fee
For example, in a 2 player battle with entry fee of रु 100, where the winner(s) gets रु 180.
The GOS platform fee collected out of each user who is registering with रु 100 will be equal to (1 – रु180/(रु100 x 2)) * रु100 = रु10
In the case of multiplayer battles where multiple players could win cash prizes, Total cash prize offered varies with the number of players participated in the battle
GOS platform fee is calculated as (1- Total Cash prize offered per the number of players who participated/(number of players who participated x entry fee)) * Entry Fee
For example, let’s take the case of a 5 player battle with रु 100 entry fee. When 3 players participate, if the total prize offered to all the winners in the battle is रु 270.
Then GOS platform fee collected out of each who is participating with रु 100 will be equal to (1 – रु270/(रु100 x 3)) * रु100 = रु10
(iii) Battle Arenas
(a) Battle Arenas are a kind of battles where users pay a single entry fee to register. Players then compete with each other in a battle format.
(b) By the end of the duration of the Battle Arena, players are ranked on a leaderboard based on the number of wins he/she had out of all the battles he/she played.
(c) Cash Prizes are distributed to the winners based on their rank.
(d) GOS Platform fee for such registrations is set currently at flat 10% of the entry fee.
(e) GOS Platform fee is subject to change as per Sportswizz policy without prior notice.
(iv) Fantasy Contests
(a) For each user who joins a cash contest, GOS platform fee is calculated as (1- Total Cash prize offered/(open slots x entry fee)) * Entry Fee
(b) If a contest allows a user to register multiple teams, then the each team registered by the user is counted as a slot filled in the contest.
For example, in a 5 player contest with entry fee of रु100, and the total cash prizes on offer is रु450.
(c) The GOS platform fee collected out of each user for each team he/she is registering with रु 100 will be equal to (1 – रु450/(रु100 x 5)) * रु100 = रु10
The same calculation applies to contests hosted by Users, Pooled contests or Non-Guaranteed contests.
(d) Pooled contests = contests where the Total winnings on offer increases with the number of slots filled in the tournament. However, the platform fee on each team registration remains constant for any number of slots filled.
(e) Non-Guaranteed contests = contests which get cancelled and all entry fees refunded if the minimum number of users required did not join the tournament
(v) Audio Shows
(a) All cash paid to other GOS players for hosting or co-hosting Audio Shows are subject to a GOS platform fee of 12% of the Cash paid.
For example if an GOS players tips a host or a co-host of an audio show for रु 50. Then GOS Platform fee described as Audio Transfer Charges of रु6 is deducted from the Host/Co-Hos
(vi) Points Rummy
(a) GOS Platform fee for each table is defined as sum of Rake % * Points Given * point value of the table by each of the players barring the winner.
(b) Rake % varies across points rummy tables. It can be found when tapped on the info button at the top right of each table.
For example, in a 0.1 point value lobby with a rake % of 12%, in a round if 5 players were playing and one player won. Say each of the 4 players who lost gave 25 points each.
Then the total platform fee = 12% * 25*4 * 0.1 = Rs.1.2
(vii) Pool Rummy
(a) For example, in a pool rummy game of Rs. 100 entry and 5 people have played it. Let’s say the Rake % for this table is 12%. Then in the current example, GOS Platform fee will be calculated as 12%* 100*5 = Rs.60
(b) The Rake % varies from table to table and from time to time. You can check the value by taking on the info icon at the top right of each table.
(a) GOS platform fee for each Poker Lobby is calculated based on the amount that is put in the pot * Rake% for the table.
(b) Rake % vary for each price point and also depends on the number of players in the hand.
For example – Rake % is at 4%* if only 2 people are playing in a hand in the 0.1/0.2 lobby. and is at 5%* is more than 2 people are playing in the hand.
if 3 players are playing a hand in the 0.1/0.2 lobby and the pot value becomes Rs. 10 then an amount of (10*0.05) = 50 paisa will be collected as a platform fee.
(c) Each table has a pre-defined max limit of the platform fee that will be collected in each hand.
(d) Information for both the rake% and the max limit on platform fee can be found by pressing the “i”(information button) on the top right side of the poker table.
(e) As you play in higher lobbies the rake % and max platform fee that can be collected on the pot value and big blind relatively reduce.
GOS Platform fee is subject to change as per Sportswizz policy without prior notice.
4.1. The Users may use the Platform to participate in a variety of Contests available on the Platform.
4.2. In order to participate in a Contest, each User may be required to pay an Entry Fee to the Platform which is deducted from the Balance available in the Account of the User.
4.3. Each Contest has a pre-determined limit on the number of Users that can participate and a specified time before which entries must be made. A Contest is deemed to be a valid Contest on the Platform, only if the requisite number of Users register for the Contest before the prescribed entry time.
4.4. Any amount received by Sportswizz as Entry Fee for participation in a Contest shall be non-refundable, except in the event that a Contest has been cancelled.
4.5. Contests shall be announced by Sportswizz from time to time in any manner that is convenient to Sportswizz, and Sportswizz reserves the right to extend the participation and time limit for registration, cancel any Contest, and modify any terms, all with due notice to the Users of the Platform.
4.6.1. Awards for all Contests shall be pre-declared at the time of registration in the specific rules applicable to such Contest. Awards may be in the form of GOS Tokens, cash or promotional gifts.
4.6.2. Users are eligible to withdraw only cash Winnings from his/her Account to his/her respective bank/wallet account once it is KYC (Know Your Customer) verified.
4.6.3. KYC verification is mandatory as a proof of identity for making withdrawals from Your Account to Your bank/wallet account. KYC verification may be done through the Platform by providing certain details: (i) photograph of a valid government ID (Aadhaar Card, Driving License, PAN Card, Voter Card, Driving License etc.); and (ii) other User Details.
4.6.4. Sportswizz does not issue receipts for entries in the Contests. The entries are accounted within the Account on the Platform. It is the responsibility of the Users to ensure that the entries are accurate and the Winnings are duly credited to his Account.
4.6.5. Any tax/levies/duty etc., as applicable on material prizes, shall be paid by the winner of the game. Based on TDS (tax deducted at source) Rules for any sort of game winning in India, 31.2% TDS should be deducted on any winning above Rs.10,000/- in a single game.
4.7. Return, Refund and Cancellation
4.7.1. In the event that there is an error in the Services provided by us, we may refund the Entry Fee, provided the reasons are genuine and proved after investigation by Sportswizz.
4.7.2. Please read the rules of each Mobile Game and Contest before participating.
4.7.3. We do not cancel registrations once entered, however, in case of exceptional circumstances wherein the fault may lie with the payment gateway or from Our side, in which event, We will cancel your participation on request and refund the Entry Fee to You within a reasonable amount of time.
4.7.4. In case we cancel your participation in any Mobile Game or Contest as a result of this, We will return Your Entry Fee to You within a reasonable amount of time for You to redeem the same by playing other Contests on GOS.
4.7.5. We will try Our best to create the best user experience for You. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase and in case of payments made through a payment gateway, payment refunds will be made to the same account.
4.8. In order to comply with extant applicable law relating to deposit regulations, please note that the Users must withdraw any idle Balance lying in their Account within 365 days of having won a particular Contest. Similarly, Users must use any money in their Account within 365 days. If not, the said Balance will have to be forfeited by Sportswizz.
5.1. The Platform is operated and designed to provide You an in-app browsing experience through an embedded browser. The Platform is per se a platform which offers Services and hosts Mobile Games by Third Party Game Developers. The Platform does not host, display or transmit any content owned by third parties on its servers, unless We either have a license or are not prohibited under the Applicable Laws, to do the same.
5.2. The Mobile Games will have their own rules and code of conduct (“Game Rules”) which shall be adhered to by all Users at all times.
5.3. When You play a Mobile Game, You agree and acknowledge that the Platform does not create and/or broadcast any content on its own accord and Sportswizz is not responsible or liable for the content or accuracy of the Mobile Game, including copyrights, that may be accessed by You through the Platform.
6.1. The Mobile Games hosted by Sportswizz on the Platform are all Games of Skill (defined below). Different Mobile Games will reward different skills, but each game will reward certain skills, such as knowledge of the game, familiarity with rules, experience, reflexes, experience, practice, hand-eye coordination, etc. Certain games may have pre-determined outcomes (Sudoku, Crosswords, Brick Breaker), which are achievable by the Users using their skills to play the games.
6.2. Users must note that all Mobile Games available on the Platform are games where the success or/and performance of the Users depends predominantly upon their superior knowledge, training, attention, experience and adroitness (“Games of Skill”) in playing the game. ‘Games of Skill’, under Indian law, are excluded from the ambit of gambling legislations including, the Public Gambling Act of 1867 and other state enactments except in the Restricted States.
6.3. Hence, the individuals residing in the Restricted States should not participate in any Contest or Mobile Games offered on the Platform. Any participation by such individuals shall be at their sole risk and discretion and Sportswizz shall not be liable to refund or reimburse any injury or damages suffered by such individuals.
6.4. Sportswizz reserves the right to monitor all activities from the User’s Account on the Platform. If any User participates in any Contest or Mobile Games in violation of any central and/or state law(s) in India, Sportswizz shall cooperate with law enforcement agencies of the relevant state and report such participation or/and suspicious activity along with all relevant details of the concerned User.
6.5. Sportswizz does not support, endorse or offer to any User ‘games of chance’ for money. Each Mobile Game and Contest available on the Platform has clearly defined rules and code of conduct. All Users are encouraged to read, understand and follow these rules to be successful in these games. Sportswizz shall not be liable if Users do not adhere to the Game Rules or otherwise engage in gambling or betting activities on the Platform which are strictly prohibited and such activities shall attract punishment as per applicable laws.
7.1. Sportswizz suggests that Users adopt a balanced approach while engaging with any of the Mobile Games on the Platform and safeguard themselves against any adverse effects. If played responsibly, Mobile Games (like other forms of sports) aim to encourage Users to develop their mental prowess, hand-eye co-ordination, competitiveness and encourage teamwork.
7.2. You should take certain standard health and safety precautions while playing any Mobile Game, including taking adequate breaks, sitting at a reasonable distance from the screen, playing in a well-lit environment, and avoiding playing when tired, drowsy, intoxicated or under the influence of drugs. Avoid playing without breaks over long periods of time as this could affect Your performance and could negatively impact hand-eye coordination, balance, and multi-tasking ability.
7.3. The Platform or the Mobile Games offered on the Platform may contain flashing lights, realistic images, patterns and simulations which may cause certain side effects. If Your hands, wrists, arms, eyes or other parts of Your body become tired or sore while playing, or if You feel symptoms such as tingling, numbness, burning or stiffness, stop and rest before playing again. If You continue to have any of these above symptoms, please stop playing IMMEDIATELY and consult a doctor.
7.4. If You play any Mobile Games on the Platform, give Yourself plenty of room to play and always be aware of Your surroundings. While playing any Mobile Game You may be moving around the play area and using Your hands to control gameplay. You must ensure that You are not near other people, objects, stairs, balconies, windows, walls, furniture or other objects that may pose a danger to You or could be damaged during the play. Never handle sharp or dangerous objects while playing any Mobile Game on the Platform.
7.5. It is Your responsibility to control Your surroundings and movements at all times when playing the game to ensure that You don’t injure Yourself, any other persons, damage any property, etc. Any playing of the Mobile Games is at Your own risk and Sportswizz shall not be liable for any death, injury or health complications resulting from Your use of the Platform.
7.6. You agree that Your use of the Platform and to play the Mobile Games is at Your own risk, and it is Your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as You deem reasonably necessary for any injuries that You may incur while using the Platform.
7.7. You hereby agree that if the terms of this Agreement are not adhered by You, Sportswizz will be irreparably damaged, and therefore You agree that the Sportswizz shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect to any breach of this Agreement, in addition to any other remedies available under Applicable Law.
8.1. Sportswizz may provide Users with different communication channels such as forums, live audio sessions, live audio chat with other players participating in any Contest, community groups, chat-rooms or chat areas (“Communication Facilities”) designed to enable You to communicate with other Users on the Platform.
8.2. Sportswizz only provides Users with the technical environment for an exchange of information. Sportswizz does not initiate, select the receiver and/or modify any information exchanges inter se amongst the Users through the Communication Facilities. Further, Sportswizz has no obligation to and does not monitor these Communication Facilities except when required to do so under the provisions of Applicable Law.
8.3. The User may use the Communication Facilities as made available to them by the Platform. Sportswizz may provide certain additional features or Communication Facilities to a select group of Users at its sole discretion. The Users do not have the right to claim any Communication Facilities on the Platform.
8.4. Sportswizz may enable audio sessions and live chat-rooms on the Platform for the Users from time-to-time. These sessions or/and chat rooms will be conducted by other Users to (i) organize trainings; (ii) provide tips to play Mobile Games; (iii) provide educational content; or (iv) conduct other interactive sessions on the Platform. The sessions or/and chat rooms may have an open entry or may be restricted to a limited number of Users at Sportswizz’s sole discretion. Users might be required to pay an entry fee to participate in any of these live sessions or/and chat rooms hosted by Sportswizz on the Platform.
8.5. You understand that, by using these Communication Facilities, You may be exposed to communications (including in written, verbal, electronic, digital, machine-readable or other form) that You might find objectionable. You understand that any content sent or appearing through the Communication Facilities is the sole responsibility of the User(s) transmitting such content and Sportswizz is not liable for any content posted on the Communication Channels and You are at liberty to discontinue the use of the Communication Facilities if such communications are objectionable to you.
8.6. All Users of the GOS Platform must comply with Applicable Laws at all times while using the Services of Platform, including Communication Facilities and must not publish or distribute any content which: (a) violates an Applicable Law, go against common decency, or breaches the general terms and conditions of the Agreement; or (b) violates any trademarks, patents, utility or design patterns, copyrights, trade secrets, or other proprietary rights of third parties; or (c) impersonate any real person, including without limitation Sportswizz or any other Sportswizz agent or employee; or (d) is obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature; or (e) is of an abusive, harassing, threatening or defamatory nature; or (f) seeks to unlawfully obtain login information or access to Accounts belonging to other Users; (g) contains personal data of third parties without their explicit consent; or (h) seek to collect, misuse, or disseminate any other User’s content or non-public personal information; or (i) is commercial, in particular promotional, in nature; (j) encourages or promotes gambling or money-laundering.
8.7. Under no circumstances will Sportswizz or its third-party providers shall be liable for any errors, objections or omissions in any content or for any loss or damages of any kind incurred as a result of the content posted on its Platform.
9.1. You will not use the Platform, or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement or under Applicable Laws.
9.2. You will not use the Platform, or any content provided thereof:
9.2.1. to host, display, upload, modify, publish, transmit, update or share any information that belongs to another Person and to which the User does not have any right to;
9.2.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging,
9.2.3. that is relating to or encourages money laundering or gambling, or is otherwise unlawful in any manner whatsoever;
9.2.4. that harms minors in any way;
9.2.5. that infringes any patent, trademark, copyright or other proprietary rights; violates any Applicable Laws for the time being in force;
9.2.6. that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
9.2.7. which impersonates another Person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform or any other computer resource;
9.2.8. that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) and like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder; threatens critical information infrastructure.
9.3. You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Platform or any component or content thereof, available to third parties without the permission of Sportswizz.
9.4. You will not circumvent or disable any digital rights management, usage rules, or other security features of the Platform; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platform; and not use the Platform in a manner that threatens the integrity, performance, or availability of the Platform.
9.5. You will not attempt to or engage in any activity that may:
9.5.1. reverse engineer, decompile or otherwise extract the source code related to the Platform or any part thereof, unless it is expressly permitted by Sportswizz to You in writing;
9.5.2. use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Platform or content thereof;
9.5.3. collect information about Users for any illegal or unlawful purpose;
9.5.4. create any Account by automated means or under false or fraudulent pretences for using the Platform;
9.5.5. transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platform;
9.5.6. use the Platform in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Platform, or interfere with any other Users’ use and enjoyment of the Platform;
9.5.7. carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Platform or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Platform or any part of the Platform or any User of the Platform;
9.5.8. forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Platform; and/or
9.5.9. obtain any materials or information through any means not intentionally made available, in the opinion of Sportswizz, through the Platform.
9.6. You will not impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any Person or entity, including, but not limited to Our officials, employees, agents, partners, affiliates, dealers and franchisees.
9.7. If We detect any activity from Your User Account that is fraudulent, suspected to be defrauding the Platform, or if You are found colluding or participating in any kind of fraudulent activity on the Platform or indulge in any activity in violation of the terms and conditions of this Agreement in any manner, then You shall be debarred from participating in any Contest available on the Platform.
9.8. We reserve the right to deactivate or delete Your Account and all related information on it and forfeit related Balances and/or take any other appropriate action, at our sole and absolute discretion, in the event of any fraudulent, illegal or suspicious activities from Your Account on the Platform.
9.9. Any deductions or forfeiture of Balances made from Your Account shall be made at Our sole and absolute discretion and shall not result in any liability on Sportswizz whatsoever. We may choose to provide a right of appeal to the User after deleting, closing or forfeiting the balances in his/her Account. However, such right shall be provided at the sole and absolute discretion of Sportswizz and the User shall not claim such right or any other recourse from Sportswizz.
9.10. Indemnification: You shall defend, indemnify and hold Sportswizz, and its officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fee that may result from or alleged to result from (a) Your use of the Platform or any content thereof, including Mobile Game; or (b) Your breach of the terms of the Agreement or of any rules, regulations and/or orders under any Applicable Laws.
9.11. You are also responsible for any breach of Your obligations under the Agreement and/or for the consequences of any such breach.
10.1. Your access to the Platform may be terminated if:
10.1.1. You voluntarily uninstall the Platform from Your device;
10.1.3. You do not pay the requisite fee, if any, should Sportswizz charge for use of the App. Platform or participation in the Game or Contest.
10.2. We may have to terminate Your access to the Platform if:
10.2.1. We are required to do so by law (for example, where the access to and/or provision of the Platform to You becomes, unlawful);
10.2.2. The third-party Person, if any, with whom We offered the Platform to You has terminated its relationship with Us or ceased to offer the related services to Us or to You;
10.2.3. The provision of Platform to You, is no longer commercially viable or feasible for Us; or
10.2.4. You are a repeat infringer of this Agreement.
10.3. We may terminate this Agreement at any time, with or without notice and may disable Your access to the Platform and/or bar You from any future use of the Platform.
10.4. You may terminate this Agreement at any time by terminating Your access to the Platform. However, certain obligations of Yours under this Agreement shall continue to survive even on such termination.
10.5. When this Agreement comes to an end, all of the legal rights, obligations and liabilities that You and Sportswizz have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.
11.1. No warranties: The Contents provided through the Platform may include technical inaccuracies or typographical errors. Sportswizz may make changes or improvements to the Platform at any time. The Contents or any information available on the Platform is provided “as is” and “as available” and without warranties of any kind either express or implied, to the fullest extent permissible pursuant to Applicable Laws, including but not limited to:
11.1.1. any implied warranty or merchantability, fitness for a particular purpose;
11.1.2. that the contents of the Platform will be uninterrupted or error-free;
11.1.3. that defects, if any on the Platform will be corrected;
11.1.4. the Platform being constantly available or available at all;
11.1.5. installation or uninstallation choices in relation to the Platform being successfully executed in all cases;
11.1.6. Your personal ability to use the Platform;
11.1.7. Your satisfaction with the use of the Platform;
11.1.8. the accuracy of the data provided by the Platform;
11.1.9. the security and privacy of Your data;
11.1.10. that all bugs or errors in relation to the Platform will be corrected;
11.1.11. that the Platform will be compatible with all devices and all networks;
11.1.12. that the Platform is fit for a particular purpose or use;
11.1.13. that the Platform and the contents thereof are accessible in every location; or
11.1.14. that the Platform and the contents would be perpetually secure and not prone to breaches of security anywhere in the world.
11.2. Sportswizz, its officers, directors, employees, affiliates and agents and any other service provider(s) responsible for providing access to the Platform in connection with this Agreement will not be liable for any acts or omissions, including of a third party Person, and including those vendors participating in Sportswizz’ offerings made to You, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties Persons, or for damages that result from the operation systems, equipment, facilities or services provided by third parties Persons that are interconnected with GOS or Sportswizz.
11.3. The Platform may include links to other mobile applications and/or websites (some of which may be automated search results) which may contain materials that are objectionable, unlawful, or inaccurate. We do not endorse or support these links or the products and services they provide; these links are provided for Your convenience only. We are not responsible or liable for the content or accuracy of such links.
11.5. You agree that You are responsible for all data charges You incur through use of the Platform.
11.6. Sponsored Content:
11.6.1. You agree and acknowledge that Sportswizz may, pursuant to its engagement with certain Sponsored Content Partners, place certain Sponsored Content on, about, or in conjunction with the other content within the Platform. The manner, mode and extent of display of such Sponsored Content is subject to change without a specific notice to You. We don’t promise to but will try Our best to give You a prior notice in this regard.
11.6.2. The content displayed on the Platform is for Your non-commercial and personal use. However, Sponsored Content Partners may use the Platform to display their respective Sponsored Content for commercial purposes. You are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any content displayed on the Platform.
11.7. Limitation of liability: Your use of the Platform, or any content, including Mobile Game, available thereof or participation in any Contest, is entirely at Your own option and risk and We shall be held harmless and not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to Your use of the Platform or any content thereof, including Mobile Game. To the maximum extent permitted by Applicable Law, Our total liability to You for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the Balance in your Accountthe Entry Fee paid by You.
11.8. You may terminate Your access to the Platform if You are not satisfied with the Platform or any Mobile Games.
11.9. Force Majeure: Sportswizz shall not be liable for any damages whatsoever arising out of Force Majeure Event or other similar circumstances, directly or indirectly to the Users as a result of playing Mobile Games or using the services offered by Sportswizz on the Platform. A Force Majeure Event is a real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network that affects Sportswizz’s ability to offer the services or/and the Mobile Games on the Platform. Force majeure or other event beyond Sportswizz’s control hindering, delaying or complicating the maintenance of the Platform entitles Sportswizz to suspend or limit the Platform until further notice.
12.1. The Platform may be controlled and operated through any country and will be subject to the laws of that state in which they are controlled and operated by the User. If You use the Platform from any location, then, You are responsible for compliance with the local laws applicable to You.
12.2. All or any disputes arising out of or touching upon or in relation to this Agreement including the interpretation and validity of the terms thereof and the respective rights and obligations of the parties shall be settled through arbitration. The arbitration shall be governed by the Arbitration & Conciliation Act, 1996 (India) or any statutory amendments/modifications thereto for the time being in force.
12.3. The arbitration proceedings shall be held at Bangalore, Karnataka by a sole arbitrator who shall be appointed by Sportswizz and whose decision shall be final and binding upon all the parties.
12.4. Subject to the arbitration clause, the courts at Bangalore, Karnataka alone shall have the jurisdiction. The language of the arbitration proceedings shall be in English.
12.5. You and Sportswizz agree that any cause of action arising out of Your use of the Platform must be commenced within 3 (three) months after the cause of action accrues or You become aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action shall be permanently barred.
12.6. Grievance Officer. In accordance with the Information Technology Act 2000 and rules made thereunder, We have a Grievance Officer to address Your concerns regarding data safety, privacy, and the Platform usage concerns including complaints You have against other users on the Platform. We will resolve these issues raised by You within 30 (thirty) days from receiving them. You may contact the Grievance Officer at the following coordinates:
12.7. Referral Program.
12.7.1. Sportswizz may offer referral programs (“Referral Program”) on the Platform to allow all its Users to receive certain rewards in the form of GOS Tokens or cash (“Rewards”) for each player that they refer to play on the Platform
12.7.2. All active Users of the Platform are eligible to participate in the Referral Program except in cases where an Account has been suspended or has otherwise been disallowed by Sportswizz from participation in the Referral Program.
12.7.3. Only ‘successful referrals’ will be counted and eligible to receive the Rewards. A successful referral is an event in which a new User will register on the Platform and complete the sign-up by clicking on the referral link of the referrer or by putting the referrer’s unique referral code.
12.7.4. Criteria to use the Rewards – The User will be able to use only a certain percentage of the cumulative Rewards (as permitted by Sportswizz from time to time) reflecting in his/her Account to join any of the upcoming tournaments on the Platform.
12.7.5. Additional terms applicable to all Referral Programs
(i) The nature and value of Rewards to be credited will be based on the Referral Program offered by Sportswizz at any given point in time to an individual User.
(ii) Referral links will be generated from each User’s Account on the Platform.
(iii) Rewards and their types are subject to change at Sportswizz’s discretion without notice.
(iv) Users found to have been committing fraud will be blocked from the GOS platform.
(v) The reward amount/type is based on the applicable reward on the day a user’s referral signs up on the platform.
(vi) A user can refer up to 1000 friends.
(vii) Sportswizz reserves the right to change rules and regulations without notice.
(viii) Please contact Customer Support in case of further queries.The nature and value of Rewards to be credited will be based on the Referral Program offered by Sportswizz at any given point in time to an individual User.
12.7.6. Disqualification from Referral Programs
(i) Users will not receive credit for referring themselves by creating multiple Accounts.
(ii) Sportswizz reserves the right, in its sole discretion, to suspend or disqualify an Account from the Referral Program or nullify the referral Rewards.
12.7.7. Taxes – The Users are responsible for paying any and all taxes or commissions related to the Rewards earned by them through the Referral Programs on the Platform. Sportswizz reserves the right to withhold taxes as appropriate and as required under Applicable Laws.