Terms & Conditions

IndiGame

By registering/subscribing or using https://IndiGame.com/, it’s subdomain and/or using the IndiGame app, its users are compelled to follow certain Terms and Conditions associated with the usage of IndiGame. It is obligatory for the users to operate in accordance with the T&C provided by IndiGame.

IndiGame is neither affiliated nor linked to any type of private or government Sports leagues/tournaments until and unless stated by the corporation. Besides this, IndiGame is not linked and does not claim any official footing with any of the official/non official sports team or sports person

IndiGame is addressed as a single entity anywhere in the document and all sections of T&C implies and incorporates IndiGame.com website and IndiGame app on both android and iOS store.

As a user, you acknowledge and agree that by using our website and mobile application, you also agree to be bound by the “Rules, Scoring and Pay-out” of each contest

Your use of information on our site including results, fixture lists, statistics, data and news posted on our website is at your own risk. Other than as expressly set out in these Terms and to the extent permitted by law. We make no warranty as to the accuracy or reliability of the information contained on our website/ mobile application or in our publications (including, but not limited to, any content or information generated on our websites and mobile applications by or on behalf of us, and any ‘Third Party Content’ on our websites and mobile applications). We and our related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our websites and mobile applications or publications.

Usage of IndiGame. com

A person using the services offered by IndiGame.com or the IndiGame app including the extensive features offered, by taking part in several contests, and games organized on the IndiGame platform are compelled to follow the T&C and all the other essential rules and regulations defined by the IndiGame authorities.

The IndiGame establishment has all the rights to alter/modify the predefined Terms and Conditions, rules, regulations and terms at any point in time, by posting the same on IndiGame.com. IndiGame accounts for the acceptance and agreement of the people using IndiGame services towards time to time revisions that can be made in the Terms and Conditions, rules, regulations and terms that are already established by IndiGame. In case the user disapproves/disagrees to accept the alterations in terms and conditions, rules, regulations and terms of use then IndiGame at its sole and complete discretion can abstain the user from using the services offered by IndiGame.

IndiGame may, at its sole and absolute discretion

Refrain, terminate any user’s access.
Deactivate, or even delete a user’s account.
Move, reject or detach any material submitted by a user.
Shift or remove any content that is available on the platform.
Amend or make adjustments to the roster of players eligible for selection in a contest on account of alterations to the roster of players engaged in the relevant sports event.
Allocate its rights and liabilities to all user accounts here under any entity. Eligibility

A person who is 18 or above years of age is permitted to use our services, however, if the person violates the age policy then he/she is solely responsible to bear the legal repercussions

Users need to understand that our services are available only in India.

We don’t offer our services linked to fantasy sports in the States of Assam, Sikkim, Odisha, Nagaland, Telangana, Meghalaya and Andhra Pradesh in India

The users temporarily positioned in, or visiting authorities where local laws forbid them from operating a website/app shall not use the website/app during their stay.

Intellectual Property

IndiGame contains a combination of content developed by IndiGame, its partners, affiliates, licensors, collaborators, and/or Users. IndiGame, its partners, licensors, and/or associates own the intellectual property rights (“Intellectual Property Rights”) in all software underlying IndiGame and the IndiGame Platform, as well as the content published on IndiGame, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings, and Flash animation. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or otherwise exploit any of the materials or content on IndiGame, in whole or in part, unless expressly authorised in writing by IndiGame.

By contacting the IndiGame Helpdesk, users can seek authorization to utilise any IndiGame content. Users are entirely responsible for all content (publicly or privately transmitted) that they upload, publish, e-mail, transmit, or otherwise make accessible on IndiGame (“Users’ Content”). Each User represents and declares that he or she owns all Intellectual Property Rights in the User’s Content and that no part of the User’s Content infringes on the rights of any third party. Users additionally affirm and agree not to display or use any third party’s names, logos, markings, labels, trademarks, copyrights, or intellectual and proprietary rights on IndiGame. Users agree to indemnify and hold IndiGame, its directors, employees, affiliates, and assigns harmless from all costs, damages, loss, and harm, including litigation costs and counsel fees, arising from any third-party claims, including for infringement of Intellectual Property Rights, arising from such display or use of the names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights on IndiGame.
Users hereby grant IndiGame and its affiliates, partners, licensors, and associates a non-exclusive, worldwide, irrevocable licence to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users’ Content for any of the following purposes:

-Displaying Users’ Content on IndiGame
-Disseminating Users’ Content to other Users desiring to download or otherwise acquire it, and/or storing Users’ Content in a remote database available to end users for a fee.
This agreement covers the distribution and storage of Users’ Content in any form, medium, or technology.

All names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights on IndiGame(s) belonging to any person (including User), entity, or third party are recognised as proprietary to their respective owners, and any claims, controversy, or issues relating to these names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights must be addressed directly to the respective parties while IndiGame is notified.

Third Party Site, Services and Products

IndiGame may contain links to third-party Internet sites owned and maintained by others. Users’ usage of those sites is subject to the terms and conditions issued by the sites, if any. IndiGame has no control over any Internet sites other than IndiGame and cannot be held liable for any content found on any third-party Internet site. IndiGame’s inclusion of third-party information or links to third-party Internet sites does not constitute an endorsement of such third-party Internet sites by IndiGame.

Correspondence, transactions/offers, or similar activity between Users and third parties, such as payment providers and verification service providers, are entirely between the User and that third party. Users’ correspondence, transactions, and use of such third party’s services/offers shall be subject to the terms and conditions, policies, and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of such third party’s services/offers. IndiGame promises not to be responsible or liable for any loss or damage of any kind suffered as a consequence of any such transactions/offers with third parties. Any inquiries, complaints, or claims regarding any third-party product or service should be directed to the appropriate vendor. 

IndiGame includes both IndiGame-created content and other related stuff provided by third parties. IndiGame does not guarantee the authenticity, integrity, or quality of third-party material, and Users should not rely on such content when using the IndiGame Services, including when participating in any of the competitions offered on IndiGame.

Privacy Policy

All kinds of user information gathered by IndiGame in the context of personal details and payment information at the moment of registration is subject to the Privacy Policy of IndiGame which can be evaluated by the users at Privacy Policy.

User Conduct

The Terms & Conditions, rules, regulations and terms of use determined by IndiGame for its users are compulsory to be followed by the users and in the case a user fails to do so, IndiGame holds the authority to take action, which might include (but not limited to)

Terminating, suspending or restricting user’s access to all or any part of IndiGame.
Deactivating or deleting the user’s account.
Abstaining from proving any winning(s) to such users.
By accepting the T&C, the user agrees to provide true, accurate and complete information while registration and at other instances when demanded by IndiGame

A single user is allowed to operate or register only one user account with IndiGame (for both website and the app)

Any sort of password issued by IndiGame to any user is highly confidential and should not be shared with anyone else.

The user is entirely responsible for the security and confidentiality of his/her payment accounts linked to his/her IndiGame account.

Users ensure to exit/log out of their accounts after the conclusion of each session. In the event of any kind of loss or damage faced by the user due to the non-fulfillment of abiding by these T&C, rules, regulations and terms of use, IndiGame shall not be held responsible.

The T&C of IndiGame prohibits the users to modify or become a cause of modification of any files associated with IndiGame.

The users agree not to use the IndiGame platform for any sort of illegal activities. 

Conditions of Participation

By participating in a Contest, the user agrees to be bound by these Terms and Real 11s decisions. Subject to the terms and conditions set forth below, the Company may disqualify any user from a Contest, refuse to award benefits or prizes, and require the return of any prizes if the user engages in unfair conduct that the Company deems to be improper, unfair, or otherwise detrimental to the operation of the Contest or is in any way detrimental to other Users, which includes, but is not limited to:

-Falsifying one’s own personal information (including, but not limited to, name, email address, bank account details, and/or any other information or documentation as may be requested by IndiGame to enter a contest and/or claim a prize/winning. 
-It is specifically stated that the user bears the sole burden of proving otherwise.
-Collaborating with another user(s) or engaging in syndicate play;
-Any breach of the Contest rules or the Terms and Conditions;
-Obtaining points or rewards by using unlawful techniques such as automated bots or other automated ways;
-Using automated means (such as harvesting bots, robots, parsers, spiders, or screen scrapers) to gain, gather, or access any information on the Website or of any User for any reason.
-Misuse of any form of Cash Bonus, the Invite Friends programme, or any other incentives or promotions;
-Attempting to interfere with the administration of a Contest or any computer systems or security measures associated with a Contest;
-Obtaining other users’ information without their express consent and/or knowledge, and/or spamming other users (Spamming may include, but is not limited to, sending unsolicited emails to users, sending bulk emails to IndiGame Users, sending unwarranted email content either to selected Users or in bulk); or 
-Abusing the Website in any way (‘unparliamentary language, slangs, or disrespectful words’ are examples of Abuse).

To make it crystal- if a User is found to be in breach of this policy, IndiGame reserves the right to pursue applicable Civil/Criminal remedies as recommended, in addition to forfeiture and/or recovery of any reward money.

Creating and Managing User Accounts

Before you can start using our platform, you need to register. When you register with us, you also agree to receive various types of communication from us, including promotional messages related to Tournaments and Bonuses. These communications may be sent to you through SMS, voice calls, email, and push notifications. If you wish to withdraw your consent for receiving such communication, you can do so by sending an email to [email protected] or simply unsubscribe.

User Registration

If you wish to become a registered user of our websites and mobile applications, you will need to apply for a member account. The members are permitted to open only one account. IndiGame reserves the right to close any duplicate accounts. All money held in a duplicate account(s) will be forfeited. To apply for an account, you must complete all the details following the instructions on the Website.

Upon grant of the account by us, your account will be created and you will be able to use our websites and mobile applications and play the contest(s) with us. We may refuse to grant an application for an account made by any person without giving a reason for such refusal. You continuously represent and warrant to us that people, who are accessing your account are authorised to do so. You are not authorised to enter contests on our websites and mobile applications or otherwise until you have been granted an Account.

IndiGame platform, money has been charged to your card or bank account and the respective amount is not added in your IndiGame account within 24 hours of the completion of the transaction, then you shall inform us by sending an email to [email protected] from your registered email address. Please include in the email the following details – the mobile number, transaction value, transaction date and transaction id. IndiGame will investigate the incident and, if it is found that money was indeed charged from your card or bank account without delivery of the balance in your IndiGame account, then you will be refunded the money within 7 working days from the date of receipt of your email, and all refunds will be credited to your IndiGame account. IndiGame shall not be liable to refund any amount which is not debited from the user’s bank account or other deposit methods and it is wrongly reflected in the user’s IndiGame wallet. In that case, if a user does not inform IndiGame by email that he got extra money in his/her account then we are not liable to pay that amount. The cash bonus balance cannot be withdrawn under any circumstances.

Rules and Scoring

The Contest(s) in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by (1) “Rules” available on the website (2) Other rules and regulations including rules and regulation in relation to any payments made to participate in the Contest(s), and all Participants agree to abide by the same.

Live & Final Scores

Live scoring for all IndiGame contests entered are available in the “Live” section of IndiGame.com. Player scores are updated immediately with a final score update approximately 2 hours after the completion of a contest. IndiGame uses third-party vendors for match schedule, in-play data and player/team profile. Any changes to the official player statistics or perceived errors after the point scores are made final, will not be taken into account and claims that a contest participant’s entry has been affected will not be considered.

Resizing Contests

IndiGame reserves the right to resize contests. For guaranteed contests, they will only be re-sized to allow for a larger prize pool with more participants. For non-guaranteed contests, they will only be re-sized to allow the contest to go ahead with 50% of the required entries in the contest. 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 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 IndiGame from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard IndiGame’s interest before, 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 IndiGame to pursue any remedy for monetary damages through the arbitration described herein.

Abandoned, Postponed & Cancelled Fixtures

Where any of the fixtures within a contest are cancelled, postponed or abandoned without an official result all contest entries are considered void and the entry amounts are returned to the members. There are no prize/winnings pay-outs for these voided contests.

Contest Formats 

On the IndiGame platform, two types of contest(s) are currently available: (1) public contests, in which users can participate in a Contest with other users without restriction, and (2) private contests, in which users can invite specific users into a Contest and restrict participation to such invited users. A user can participate in up to 500 competitions (including both public and private contests) per match. Participation in a contest with more than 500 participants is automatically forbidden. All regulations relevant to the Contest(s) as outlined below shall apply to both versions of the Contest (s). By entering a Contest(s), users hereby enable IndiGame to appoint a third party/Trustee/Escrow Agent to manage their cash on their behalf.

Public Contest

  • In the Public contest format of the Contest(s), IndiGame may make available the Contest(s) comprising 2 -– 100 Participants or any other pre-designated number of Participants. 
  • IndiGame may design this format of the Contest(s) as a paid format, with the Winner determined at the end of the match according to the contest rules.
  • The number of Participants necessary to make the Contest(s) operational will be pre-specified, and such Contest(s) will be operational once the number of Participants in such Contest(s) equals the pre-specified number.
  • If the number of Participants is fewer than the pre-specified number at the start of the match, the Contest(s) will be cancelled, and the pre-designated amount paid by each Participant will be reimbursed to the User’s account without any charge or deduction.
  • Certain IndiGame Services Contests, labelled as “Guaranteed Contests,” will become operational only when a minimum of two users join a Guaranteed Contest. Even if all available Participant slots (as indicated in regard to the Contest(s)) remain empty, the predetermined number of winners will be declared in such Contest(s). It is specified that, despite the activation of such Contest(s), Participants may continue to participate in such Contest(s) until either I all available Participant slots in such Contest(s) are filled or (ii) the match to which the Contest(s) pertains begins, whichever comes first. In the case of a decrease in the number of participants joining the Guaranteed Contest, IndiGame will continue to hold such competitions, notwithstanding the decrease in the prize pool shall be borne by IndiGame. 

Private Contest

  • IndiGame allows users to host a contest (“”Private contest””) and invite other users, whether current Users or not, (“”Invited User””) to create Teams and participate in the Contest in the Private contest format of the Contest(s) (s). Users can establish a Private contest with a pre-specified number of Participants, for example, 2-20000 Participants. The User who creates the Private contest must pay the pre-determined sum for such a Private contest and therefore join it, as well as offer a name for the Private contest and be granted with a unique identification code (“contest Code”) (which will be issued to the account of such User).
  • The User accepts and understands that once the Private contest is formed, no changes to the conditions or constitution of the Private contest will be authorised, with the exception of a name change. The User who creates the Private contest must provide IndiGame with the email addresses or Facebook account usernames of Invited Users so that IndiGame can send an email or message inviting such Invited User to register with IndiGame (if necessary) and participate in the Private contest for which the invite has been issued.
  • An Invited User must enter the contest Code connected with the Private contest and pay the predetermined price to participate in the Private contest. When the number of Participants in a Private contest equals the number of pre-specified Participants for that Private contest, the Private contest becomes operational, and no further Invited Users or Users are able to participate. If any Private contest does not have the pre-specified number of Participants within 1 hour of the start of the match/Contest, the Platform will begin an immediate refund of the cash deposited. Such refund will be made when the deadline for registering participants for such a Private Contest has passed.
  • It is clarified that the participation of Invited Users in any Private contest is subject to the pre-specified number of Participants for that Private contest, and IndiGame shall not be liable to any person for any reason whatsoever, including without limitation due to a hardware or technical malfunction or lack of eligibility of such Invited User to participate in the Contest (s).

Legality

IndiGame takes excessive care to comply with all the central and state legislation in India to ensure the safety of all our users. Every contest on our platform is delicately designed to comply with all the applicable regulations and statues in India. Below are the critical points from an Indian government’s judgement particularly regarding IndiGame’s game. A challenge to this discernment was also dismissed by the Supreme Court of India:

  • The court, in its ruling, stated that playing the IndiGame game involves substantial skill, judgement and circumspection and that success on IndiGame arises out of users’ exercise considerable knowledge,attention, and judgement.
  • The court also affirmed that the ‘element of skill’ holds sway on the outcome of the IndiGame game which follows the following format:
  1. Participants/players/users have to draft a team consisting of at least the same number of players as playing in the real life sports team (for e.g. 11 players in cricket/football/kabaddi).
  2. All contests are active and run for at least the duration of an actual sports match.
  3. No team changes are permitted after the commencement of a match (first innings in case of regular contests and second innings in case of second inning contests).

On this basis, the court adjourned that playing on IndiGame constitutes a ‘game of mere skill’, which makes the IndiGame game exempt from all the provisions of the Public Gambling Act 1867 (PGA)

  • Eventually, the court held that the IndiGame game is a legal business activity protected under Article 19(1) (g) of the Constitution of India. 

Eligibility 

  • The Contest(s) are only open to people above the age of 18.
  • The Contest(s) are only open to those who are currently resident in India.
  • IndiGame may, in compliance with the legislation of certain Indian states, prohibit residents of such jurisdictions from participating in the Contest (s). Individuals residing in the Indian states of Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim, or Telangana may not participate in the paid edition of the Contest at this time because their laws prohibit them from engaging in games of skill where competitors must pay to enter.
  • Participants must have a valid email address in order to participate.
  • IndiGame may, upon receiving information, restrict a person from participating and/or withdrawing winning sums if such person is discovered to have insider knowledge about competing teams in any particular contest/match, organising boards, leagues, and so on.
  • Only those Participants who have successfully enrolled on IndiGame and registered before to each match in accordance with the above-mentioned method will be eligible to participate in the Contest and win prizes.

Prize Allocation & Payouts

IndiGame uses third-party vendors for the match data and statistics. Any changes to these statistics or perceived errors after the point scores are made final, will not be taken into account and claims made when a contest participant’s entry is affected will not be considered. Prizes are allocated as per the prize conditions set out in each contest. You can check the pay-out breakup in each contest page. Multi-person leagues will proceed if entries reach a certain percentage of the contest size, declared beforehand. The total prize pool will adjust as per the number of actual entries in the contest. Once the contest starts, the revised prize allocation is available within the contest live view. One exception to this is large tournaments. Prize pools and contests are usually guaranteed for large tournaments regardless of how many members enter. Live scoring for all IndiGame contests entered are available in the “Live” section of IndiGame.com. Player scores are updated immediately with a final score update approximately 2 hours after the completion of a contest. In the case of two teams within a contest having a tied score, final pay-outs are calculated upon contest settlement.

Taxation

The declared winners of the contest organised by IndiGame are offered winnings in compliance with the tax deductions under the Income Tax Act 1961. In this event, a 30% taxation charge will be imposed on the winning amount. In such cases, the users are even provided with the TDS certificate. The adjourned winners agree to pay other applicable taxes. The winnings and cash bonuses are subjected to various taxes.

In accordance with section 269SU of the Income Tax Act, we insist on making payments by NEFT/RTGS/IMPS or any other E Modes.

Deposits, Withdrawals, and Member Account Funds

All deposits (min. deposit amount is Rs 10) made to IndiGame.com are immediately available in the member’s IndiGame account and can be accessed for entering contests. All deposits and refunds, if any, will be done through NEFT, then transactions may take up to 7 days to be completed.

IndiGame will process all withdrawal requests (min. withdrawal amount is Rs 200, Per day withdrawal limit is ₹1,99,999) immediately, with funds arriving in your nominated bank account the next working day. This may on occasion take up to 7 working days. To request a withdrawal, you must first complete IndiGame identity verification, credit card verification/bank account verification processes, which also includes submission of PAN card details. The name mentioned on the member’s verification documents should correspond with the name provided by the member at the time of registration on IndiGame.com, as well as the name and address existing in the records of the member’s bank account as provided to IndiGame. If no bank account has been registered by the member against such member’s account with IndiGame or the member has not verified his/her member account with IndiGame, to IndiGame’s satisfaction and following these Terms and Conditions, IndiGame shall provide such member with a notification to the member’s email address as on record with IndiGame.

There are four parts of the IndiGame account: Total Balance, Deposited, Bonus & Withdrawable (winnings). When a member enters a contest, the entry fee is deducted from Bonus, Deposited and withdrawable balance, in that order depending on how much funds are available in each bucket. The members can withdraw from the withdrawable part of the account which only includes winnings that a member has made on IndiGame.com. Members agree that once they confirm a transaction on IndiGame.com, they shall be bound by and make payment for that transaction. The member acknowledges that transactions on IndiGame.com may take up to 24 hours to be processed. Any amount paid or transferred into the Member’s account may take up to 24 hours to reflect in the Member’s account balance. Similarly, money debited from the member’s account may take up to 24 hours to reflect in the member’s account. Members agree not to raise any complaint or claim against IndiGame in respect of any delay, including any lost opportunity to join any Contest or round due to delay in crediting the transaction amount into any of the Member’s accounts.

A transaction, once confirmed, is final and no cancellation is permissible. However, IndiGame may, at its sole and absolute discretion, permit a Member to cancel a transaction and refund the amount paid – if the member sends a written request to IndiGame from the registered email ID to cancel such payment or if the payment is made for participation in the paid version(s) of the Contest(s), the cancellation request must be received at least 2 days before the commencement of the round in respect of which the payment is made; IndiGame shall not be liable to refund any amount thereafter. IndiGame may, at its sole and absolute discretion, refund the amount to the member after deducting applicable cancellation charges and taxes. At the time of the transaction, members may also be required to take note of certain additional terms and conditions, also such additional terms and conditions shall govern the transaction. To the extent that the additional terms and conditions 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.

Note: The actual prize money may be different from the prize money mentioned above if there is a tie for any of the winning positions. As per government regulations and guidelines, a 30% taxation charge will be imposed on the winning amount.

Tabulation of Fantasy Points

IndiGame may get the score feed and other information necessary for fantasy point computation and tabulation from a third-party service provider(s) and/or the match organiser’s official website. In the unlikely event that an error in the computation or tabulation of fantasy points, selection of winners, or abandonment of a match arises 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, IndiGame will use its best efforts to correct such error prior to the distribution of prizes. However, IndiGame expressly states that it relies on the accuracy and completeness of such third-party score/statistic feeds and does not warrant or make any representations regarding their accuracy. In any event, IndiGame shall bear no responsibility for inaccuracies in the computation and tabulation of fantasy points or the selection of winners caused by any inaccurate or incomplete scores/statistics received from such third-party service providers. Users and Participants agree not to sue or file a complaint against IndiGame in this regard.

Publicity

Acceptance of a prize by the Winner constitutes permission for IndiGame and its affiliates to use the Winner’s name, likeness, voice, and comments for advertising and promotional purposes in any media worldwide for advertising and trade purposes without any additional permissions or consents and/or additional compensation. The Winners also agree to be available for advertising reasons as planned and wanted by IndiGame at no cost. IndiGame has the right to change the dates at any time. Press events, internal meetings, and ceremonies/functions are examples of promotional activities.

General Conditions

If IndiGame learns that any governmental, statutory, or regulatory compliances or approvals are required for conducting any Contest(s), or if IndiGame learns that conducting any such Contest(s) is prohibited, IndiGame will 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 or contest the Contest in any way as a result of its cancellation or withdrawal.

IndiGame employees, directors, affiliates, relatives, and family members are not eligible to participate in any Contest (s).

Dispute and Dispute Resolution

  • The courts of competent jurisdiction in Mumbai shall have exclusive jurisdiction to resolve any and all disputes arising out of or in connection with IndiGame Services (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 IndiGame, as well as the exclusive jurisdiction to grant interim or preliminary relief. All such issues and concerns shall be controlled and construed in line with Indian laws.
  • In the case of a legal disagreement (which may be a legal issue or question), the party initiating the dispute must inform the opposing party with written notification (“Notification”). Following receipt of the Notification, the parties must first attempt to resolve the disagreement by dialogue. If the parties are unable to resolve the disagreement within fifteen (15) days after receiving Notification, the matter will be resolved through arbitration.
  • The arbitration will take place in Mumbai, India. All arbitration procedures must take place in English and in line with the requirements of the Arbitration and Conciliation Act of 1996, as modified from time to time.
  • The arbitral ruling will be final and binding on the Parties, and unless the arbitral tribunal determines differently, each Party shall cover its own arbitration expenses and equally divide the arbitrator’s fees. The arbitrator has the authority to issue interim orders and awards, including orders for specific performance, which are enforceable in competent courts. The arbitrator must issue a reasoned decision.
  • Nothing in these Terms and Conditions prevents IndiGame from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to protect IndiGame’s interests prior to, during, or after the filing of arbitration proceedings, or pending the execution of a decision or award in connection with any arbitration proceedings, from any court with jurisdiction to grant the same. IndiGame’s pursuit of equitable or injunctive remedies does not constitute a renunciation of its right to seek monetary damages through the arbitration stated below.

Release and Limitations of Liability

  • Users must access the IndiGame Services on their own initiative and at their own risk. IndiGame will not be held responsible or liable for any loss or damage sustained (including but not limited to any accident, injury, death, or loss of property) by Users or any other person or entity while accessing the IndiGame Services (including participation in the Contest(s)) or accepting any prize.
  • Users hereby release and agree to indemnify IndiGame 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 IndiGame Services, including (but not limited to) personal injury and property damage, and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission
  • IndiGame accepts no liability, whether jointly or severally, for any errors or omissions in respect to the prizes, whether on its own or on behalf of third parties.
  • Users shall be solely responsible for any consequences that may arise as a result of their access to IndiGame Services by engaging in an illegal act or failing to comply with these Terms and Conditions and other rules and regulations governing IndiGame Services, such as providing incorrect address or other personal details. Users also agree to compensate IndiGame and their respective officers, directors, employees, and agents on a full indemnity basis for any loss/damage sustained by IndiGame as a result of such conduct on the part of the Users.
  • Users agree to indemnify, defend, and keep IndiGame harmless from any third-party/entity/organisation claims originating from or connected to their use of IndiGame or participation in any Contest. In no circumstances shall IndiGame be responsible to any User for any acts or omissions originating from or connected to the User’s interaction with IndiGame or participation in any Contest (s).

In exchange for IndiGame granting Users access to the IndiGame Services, the Users waive and release IndiGame, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives from any and all injuries, accidents, or mishaps (whether known or unknown). 

Disclaimers

  • To the extent authorised by law, neither IndiGame nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, or employees will be liable for the deletion, failure to store, mis-delivery, or late delivery of any information or material.
  • To the extent authorised by law, IndiGame will not be liable for any injury caused by downloading or accessing any information or material, the quality of servers, games, goods, IndiGame services or sites, or the cancellation of contests or prizes. IndiGame disclaims any responsibility for, and if a User pays for access to one of IndiGame’s Services, the User will not be entitled to a refund if the inaccessibility is caused by IndiGame’s maintenance on the servers or the technology that underpins our sites, failures of IndiGame’s service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage to our facilities, acts of nefarious Furthermore, IndiGame makes no assurance on the content of the IndiGame website (s). IndiGame(s) material is provided on a “as is, as available” basis.
  • Any content accessed, downloaded, or otherwise gained from IndiGame is done at the User’s entire discretion, competence, acceptance, and risk, and the User will be fully liable for any potential harm to the User’s computer system or loss of data that arises from such material’s download. IndiGame will use its best efforts to ensure that the IndiGame(s) are error-free and secure; but, neither IndiGame nor any of its partners, licensors, or collaborators promise that:

Users’ requirements will be met, IndiGame(s) will be uninterrupted, timely, secure, or error free

  • The results obtained from the use of IndiGame(s) will be accurate or reliable 
  • The quality of any products, IndiGame Services, information, or other material purchased or obtained through IndiGamecom(s) will meet Users’ expectations.
  • If IndiGame discovers an error, including an error in the determination of Winners or the transfer of amounts to a User’s account, IndiGame reserves the right (at its discretion) to rectify the error in any way it sees fit, including by setting off the erroneous payment against amounts due to the User or deducting the amount of the erroneous payment from the User’s account. In the event that remedies are exercised in line with this provision, IndiGame promises to notify the User of the error and the exercise of the remedy(ies) to correct it.
  • To the extent permitted by law, neither IndiGame nor its partners, licensors, or associates will be liable for any direct, indirect, incidental, special, or consequential damages arising from the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
  • Any IndiGame Services, events, or Contest(s) being hosted or provided, or intended to be hosted on the IndiGame platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors, shall be deemed cancelled or terminated if such permission or authority is not obtained or denied either before or after the relevant IndiGame Services, events, or Contest(s) are hosted or provided.
  • To the extent permissible by law, in the case of the suspension or closure of any Services, events, or Contests, Users (including Participants) shall have no right to make any demands or claims of any kind.

Miscellaneous

The User’s/Participant’s use of the IndiGame site and software is also subject to laws of the State in which the User resides and from which he/she accesses the IndiGame site, as well as the laws enacted by the Republic of India. Residents physically located outside India and in the States of Assam, Odisha, Sikkim, Nagaland, Telangana, Meghalaya or Andhra Pradesh (“Excluded States”) are ineligible to open a User Account on the IndiGame site. If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the above-mentioned states, IndiGame shall disqualify such Participant and forfeit any prize won by such Participant. Further IndiGame may, at its sole and absolute discretion, suspend or terminate such Participant’s account with IndiGame.com. Any amount remaining unused in the member’s game account or winnings account on the date of deactivation or deletion shall be reimbursed to the member by an online transfer to the member’s bank account on record with IndiGame, 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), IndiGame shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, IndiGame may, at its sole and absolute discretion, suspend or terminate such Participant’s account. To the extent permitted by law, IndiGame 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. Participants who play only with cash bonus can withdraw to a certain extent (i.e., INR 200) only once if they want to withdraw further, they have to deposit at least 30% of their winning amount. IndiGame may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against IndiGame or question its right to modify such prizes being offered, before the closure of the Contest. IndiGame will not bear any responsibility for the transportation or packaging of prizes to the respective winners. IndiGame 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 instead of prizes in kind.

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