Payment Terms

Payment Terms

 

In respect of any transactions entered into on the Sportsfight platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:

 

The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee for access to the Sportsfight Services charged by Sportsfight and pre-determined participant’s contribution towards prize money pool.

 

Subject to these Terms and Conditions, all amounts collected from the User are held in a separate non-interest earning bank Accounts. The said accounts are operated by a third party appointed by Sportsfight in accordance with Clause 10 of these Terms and Conditions. From these bank accounts, the payouts can be made to (a) Users (towards their withdrawals), (b) Sportsfight (towards its Platform Fees) and to (c) Government (towards TDS on Winnings Amount). Sportsfight receives only its share of the platform Fees through the said Escrow Agent.

 

The Sportsfight reserves the right to charge a Platform Fee, which would be specified and notified by Sportsfight on the Contest page, being created on Sportsfight platform, prior to a User's joining of such Contest. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s account balance and Sportsfight shall issue an invoice for such debit to the User.

 

The User may participate in a Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. It is clarified that Sportsfight has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User’s account balance maintained with the Trustee.

 

Any user availing Sportsfight  services are provided with two categories of accounts for the processing and reconciliation of payments: (i) 'Unutilized' Account, (ii) Winnings Account. It is clarified that in no instance the transfer of any amounts in the User's accounts to any other category of account held by the user or any third party account, including a bank account held by a third party:

 

User's winnings in any Contest will reflect as credits to the User's Winnings Account.

 

User’s remitting the amount the designated payment gateway shall be credited to User’s Unutlized Account’.

 

Each time a User participates in any contest on Sportsfight platform, the pre-designated amount shall be debited in the User’s account. In debiting amounts from the User’s accounts towards the pre-designated amount of such user shall be debited from the User’s Unutilized Account and thereafter, any remaining amount of participation fee shall be debited from the User’s Winning Account.

 

In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Contest(s), the User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s ‘Unutilized’ Account and will be available for use in participation in any match(s) or Contest(s) or for withdrawal in accordance with these Terms and Conditions.

 

Debits from the ‘Unutilized’ Account for the purpose of enabling a user’s participation in a Contest shall be made in order of the date of credit of amounts in the ‘Unutilized’ Account, and accordingly amounts credited into ‘Unutilized’ Account earlier in time shall be debited first.

 

A User shall be permitted to withdraw any amounts credited into such User's 'Unutilized' Account for any reason whatsoever by contacting Sportsfight Customer Support. All amounts credited into a User's 'Unutilized' Account must be utilised within 335 days of credit. In case any unutilised amount lies in the 'Unutilized' Account after the completion of 335 days from the date of credit of such amount, Sportsfight reserves the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to the User.

 

Withdrawal of any amount standing to the User's credit in the Winnings Account may be made by way of a request to Sportsfight but shall occur automatically upon completion of 335 days from the date of credit of such amount in the User's Winnings Account. In either case, Sportsfight shall effect an online transfer to the User's bank account on record with Sportsfight within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings Account. Sportsfight shall not charge any processing fee for the online transfer of such amount from the Winnings Account to the User's bank account on record with Sportsfight. Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address in order for Sportsfight to process the withdrawal request. The name mentioned on the User's photo identification document should correspond with the name provided by the User at the time of registration on Sportsfight, as well as the name and address existing in the records of the User's bank account as provided to Sportsfight. In the event that no bank account has been registered by the User against such User's account with Sportsfight, or the User has not verified his/her User account with Sportsfight, to Sportsfight satisfaction and in accordance with these Terms and Conditions, Sportsfight shall provide such User with a notification to the User's email address as on record with Sportsfight at least 30 days prior to the Auto Transfer Date, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by the Auto Transfer Date, Sportsfight shall be entitled to forfeit any amounts subject to transfer on the Auto Transfer Date. Failure to provide Sportsfight with a valid bank account or valid identification documents (to Sportsfight satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause.

 

Further, in order to conduct promotional activities, Sportsfight may gratuitously issue Cash Bonus to the User for the purpose of participation in any Contest(s) and no User shall be permitted to transfer or request the transfer of any amount in to the Cash Bonus. The usage of any Cash Bonus issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such Cash Bonus must be used, as applied by Sportsfight and notified to the User at the time of issue of such amount. The issue of any Cash Bonus to the user is subject to the sole discretion of Sportsfight and cannot be demanded by any User as a matter of right. The issue of any Cash Bonus by Deam11 on any day shall not entitle the user to demand the issuance of such Cash Bonus at any subsequent period in time nor create an expectation of recurring issue of such Cash Bonus by Sportsfight to such User. The Cash Bonus granted to the user may be used by such User for the purpose of setting off against the contribution to prize pool in any Contest, in accordance with these Terms and Conditions. The Cash Bonus shall not be withdraw-able or transferrable to any other account of the User, including the bank account of such User, or of any other User or person, other that as part of the winnings of a User in any Contest(s). In case the User terminates his/her account with Sportsfight or such account if terminated by Sportsfight, all Cash Bonus granted to the user shall return to Sportsfight and the User shall not have any right or interest on such points.

 

All Cash Bonus credited in the User account shall be valid for a period of 30 days from the date of credit. The Cash Bonus shall lapse at the end of 30 days and the Cash Bonus amount shall not reflect in the User account

 

Users agree that once they confirm a transaction on Sportsfight, they shall be bound by and make payment for that transaction.

 

The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that Sportsfight has on third parties, any transactions on Sportsfight Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User's 'Unutilized' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Similarly, the utilization of the Cash Bonus or money debited from 'Unutilized' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Users agree not to raise any complaint or claim against Sportsfight in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting of transaction amount into any of the User's accounts

A transaction, once confirmed, is final and no cancellation is permissible.

Sportsfight may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users 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.

 

Tabulation of fantasy points

Sportsfight may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s) and/or official website of the match organiser. In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, abandonment of a match etc., as a result of inaccuracies in or incompleteness of the feed provided by the third party service provider and/or official website of the match organiser comes to its attention, Sportsfight shall use best efforts to rectify such error prior to the distribution of prizes. However, Sportsfight hereby clarifies that it relies on the accuracy and completeness of such third party score/statistic feeds and does not itself warrant or make any representations concerning the accuracy thereof and, in any event, shall take no responsibility for inaccuracies in computation and tabulation of fantasy points or the selection of winners as a result of any inaccurate or incomplete scores/statistics received from such third party service provider. Users and Participants agree not to make any claim or raise any complaint against Sportsfight in this respect.

 

Selection and Verification of Winners and Conditions relating to the Prizes

 

Selection of Winners

Winners will be decided on the basis of the scores of the Teams in a designated match (which may last anywhere between one day and an entire tournament) of the Contest(s). The Participant(s) owning the Team(s) with the highest aggregate score in a particular match shall be declared the Winner(s). In certain pre-specified Contests, Sportsfight may declare more than one Winner and distribute prizes to such Winners in increasing order of their Team's aggregate score at the end of the designated match of the Contest. The contemplated number of Winners and the prize due to each Winner in such Contest shall be as specified on the Contest page prior to the commencement of the Contest.

Participants creating Teams on behalf of any other Participant or person shall be disqualified.

In the event of a tie, the winning Participants shall be declared Winners and the prize shall be equally divided among such Participants.

Sportsfight shall not be liable to pay any prize if it is discovered that the Winner(s) have not abided by these Terms and Conditions, and other rules and regulations in relation to the use of the Sportsfight, Contest, "Fantasy Rules", etc.

 

Contacting Winners

Winners shall be contacted by Sportsfight or the third party conducting the Contest on the e-mail address provided at the time of registration. The verification process and the documents required for the collection of the prize shall be detailed to the Winners at this stage. As a general practice, winners will be required to provide the following documents:

 

Photocopy of the User's PAN card;

 

Photocopy of a government-issued residence proof;

 

User's bank account details and proof of the same.

 

Sportsfight shall not permit a Winner to withdraw his/her prize(s)/accumulated winnings unless the above-mentioned documents have been received and verified within the time-period stipulated by Sportsfight. The User represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate.

 

Participants are required to provide proper and complete details at the time of registration. Sportsfight shall not be responsible for communications errors, commissions or omissions including those of the Participants due to which the results may not be communicated to the Winner.

 

The list of Winners shall be posted on a separate web-page on the Sportsfight. The winners will also be intimated by e-mail.

 

In the event that a Participant has been declared a Winner on the abovementioned web-page but has not received any communication from Sportsfight, such Participant may contact Sportsfight within the time specified on the webpage.

 

Verification process

Only those Winners who successfully complete the verification process and provide the required documents within the time limit specified by Sportsfight shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). Sportsfight shall not entertain any claims or requests for extension of time for submission of documents.

Sportsfight shall scrutinize all documents submitted and may, at its sole and absolute discretion, disqualify any Winner from withdrawing his accumulated winnings (or any part thereof) on the following matches:

 

Determination by Sportsfight that any document or information submitted by the Participant is incorrect, misleading, false, fabricated, incomplete or illegible; or

 

Participant does not fulfill the Eligibility Criteria specified in Clause 10 above; or

 

Any other match.

 

Taxes Payable

All prizes shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961. As of April 1, 2018, the TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- is 31.2% of the total prize money amount. In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by Sportsfight in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money.

 

Miscellaneous

The decision of Sportsfight with respect to the awarding of prizes shall be final, binding and non-contestable.

 

Participants playing the paid formats of the Contest(s) confirm that they are not residents of any of the following Indian states - Assam, Odisha, Sikkim, Nagaland or Telangana. If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the abovementioned states, Sportsfight shall disqualify such Participant and forfeit any prize won by such Participant. Further Sportsfight may, at its sole and absolute discretion, suspend or terminate such Participant's account with Sportsfight. Any amount remaining unused in the User's Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User's bank account on record with Sportsfight, subject to the processing fee (if any) applicable on such transfers as set out herein.

 

If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), Sportsfight shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, Sportsfight may, at its sole and absolute discretion, suspend or terminate such Participant's account.

 

To the extent permitted by law, Sportsfight makes no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same.

 

Sportsfight may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against Sportsfight or question its right to modify such prizes being offered, prior to closure of the Contest.

 

Sportsfight will not bear any responsibility for the transportation or packaging of prizes to the respective winners. Sportsfight shall not be held liable for any loss or damage caused to any prizes at the time of such transportation.

 

The Winners shall bear the shipping, courier or any other delivery cost in respect of the prizes.

 

The Winners shall bear all transaction charges levied for delivery of cash prizes.

 

All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.

 

Publicity

Acceptance of a prize by the Winner constitutes permission for Sportsfight, and its affiliates to use the Winner's name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever.

The Winners further undertake that they will be available for promotional purposes as planned and desired by Sportsfight without any charge. The exact dates remain the sole discretion of Sportsfight. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.

 

General Conditions

If it comes to the notice of Sportsfight that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of Sportsfight that conduct of any such Contest(s) is prohibited, then Sportsfight shall withdraw and / or cancel such Contest(s) without prior notice to any Participants or winners of any Contest(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest or Contest it in any manner.

 

Employees, directors, affiliates, relatives and family members of Sportsfight, will not be eligible to participate in any Contest(s).

 

Dispute and Dispute Resolution

 

The courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Sportsfight Services provided by Sportsfight (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or Sportsfight, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.

 

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, India. 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 and Conditions shall prevent Sportsfight from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Sportsfight 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 Sportsfight to pursue any remedy for monetary damages through the arbitration described herein.

 

Release and Limitations of Liability

 

Users shall access the Sportsfight Services provided on Sportsfight voluntarily and at their own risk. Sportsfight 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 Sportsfight Services (including participation in the Contest(s)) or as a result of acceptance of any prize.

 

By entering the contests and accessing the Sportsfight Services provided therein, Users hereby release from and agree to indemnify Sportsfight, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the Sportsfight Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.

 

Sportsfight accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes.

 

Users shall be solely responsible for any consequences which may arise due to their access of Sportsfight Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Sportsfight Services, including the provision of incorrect address or other personal details. Users also undertake to indemnify Sportsfight and their respective officers, directors, employee,  and agents on the happening of such an event (including without limitation cost of an attorney, legal charges etc. On full indemnity basis for any loss/damage suffered by Sportsfight on account of such activity on the part of the Users.

 

Users shall indemnify, defend, and hold Sportsfight harmless from any third party/entity/organization claims arising from or related to such User's engagement with the Sportsfight or participation in any Contest. In no event shall Sportsfight be liable to any User for acts or omissions arising out of or related to User's engagement with the Sportsfight or his/her participation in any Contest(s).

 

In consideration of Sportsfight allowing Users to access the Sportsfight Services, 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 Sportsfight, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Sportsfight Services or related to the Contests or the prizes of the Contests.

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