TERMS OF SERVICE
The following terms and conditions (“Terms / “Terms and Conditions”) govern your access to Fanizm (“Application / Platform”), offered by Fanizm India Private Limited having its registered office at 502, 5th Floor, Raheja Titanium, Geetanjali colony, Goregaon East, Mumbai 400063 (hereinafter referred to as “we” or “us” or “our” or “Company”, which expression shall include its successors, licensors, assignors, assignees, affiliates, partners, owners by whichever name called), and regulates the use of the services offered through the Application, the Platform (defined below), and/or Social Media Avenues (defined below) and/or Company’s websites (collectively referred to as the “Services”). These terms and conditions (hereinafter “Terms” or “Agreement”) constitute a binding agreement between you (hereinafter “User”, “Participant”, “you” or “your”) and Company. Please read these Terms carefully before you use the Application, or any Service offered through the Application. If You do not agree with any part of these Terms, kindly refrain from using any Service, or accessing the Application and/or the Platform. By downloading, installing, or using the Application and/or the Services, you represent that you are competent to enter this contract under the laws of India and further signify your agreement to be bound by the Terms. Your continued use of the Application and/or the Services offered through the Application will imply your acceptance of the conditions contained under these Terms. We grant you a non-transferrable, limited, non-exclusive and revocable privilege to register an Account on and use the Application.
These Terms constitute an 'electronic record' within the meaning of the laws of India (including the Information Technology Act, 2000) and are generated by a computer system and do not require any physical or digital signatures. These Terms have been published in accordance with the provisions of Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended. By using the Services, you agree to contract electronically with us and agree to these Terms, together with any documents that maybe expressly referred to and are incorporated by reference herein, including our Privacy Policy. You agree that these electronic terms combined with your act of using these Services, have the same force and effect as your written signature and satisfy any laws that require a writing or signature. You shall not use the services if you: (a) do not agree to these Terms; (b) are not of the age of 18 years; or (c) are from the afore-mentioned Restricted States or are prohibited from accessing or using the Services or any of its contents, products or services by applicable law.
The Application can be downloaded freely from the Apple App Store and/or Google Play Store, subject to its terms and conditions and the privacy policy. It may also be available for download through our website https://fanizm.com/terms-condition, and other web portals as may be applicable from time to time.
We reserve the right to periodically review, update, change or replace any part of these Terms on our website at www.fanizm.com at our discretion. You must visit this page periodically for updates on the Terms. Your continued usage of the Platform and/or the Application after any such update, change, replacement or modification to these terms constitutes your valid consent to such changes.
1. Application
The Application offers various skill based online real money games developed and owned by us ("Games") and battles/tournaments in relation to such Games where users compete with one another ("Contest"). Contests require you to contribute to the game pool for participation. We may at our sole discretion allow you to use some of our Services or part of Services free of charge while other features may be chargeable (refer to "Payment Terms" below).
2. Games of Skill
The Games on the Application are all Games of Skill (defined below). Each game will reward certain skills, such as knowledge of the game, familiarity with rules, experience, reflexes, practice, hand-eye coordination etc. You must note that all Games available on the Application are games where your success or/and performance depends predominantly upon their superior knowledge, training, attention, experience and adroitness ("Games of Skill") in playing the game and less on chance. ‘Games of Skill’, under Indian law, are excluded from the ambit of gambling/betting legislations including, the Public Gambling Act of 1867 and other state enactments. Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867. The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
The Contest (s) described above (across the Services) are games of skill as success of Participants depends primarily on their superior knowledge of general knowledge, entertainment related content, knowledge of celebrities, conditions and/or releases, attention and dedication towards the Contest(s) and adroitness in playing the Contest(s). Given the above background, the individuals residing in the Restricted States (defined below) should not participate in paid / real money version of the Games offered on the Application. Any participation by such individuals shall be at their sole risk and discretion and we shall not be liable to refund or reimburse any injury or damages suffered by such individuals. We reserve the right to monitor all activities from your Account on the Application to ensure compliance with law. If you participate in any Games in violation of any central and/or state law(s) in India, we reserve the right to cooperate with law enforcement agencies of the relevant state and report such participation or/and suspicious activity along with all your relevant details. We do not support, endorse or offer ‘games of chance’ for money. Each Game that is available on the Application has clearly defined rules. You are encouraged to read, understand and follow these rules to be successful in these Games.
We shall not be liable if you do not adhere to the Game rules or otherwise engage in gambling or betting activities on the Application, which shall solely be at your sole risk. The outcomes in our games, whether involving questions in the quiz or otherwise, are statistically random and unpredictable thereby assuring that the system is free from any manipulation. This Application is not rigged, and all players have an equal opportunity to succeed. Thus, the outcome in our games for a player is solely determined based on their skill.
Any user residing in the states of Assam, Odisha, Nagaland, Sikkim, Meghalaya, Andhra Pradesh, Telangana and/or any other state as notified by the central/state government/court ruling in India from time to time ("Restricted States") are prohibited from participating in any real money Games on the Application, unless otherwise set out under the ‘Additional Terms’. It is hereby clarified that some of the Restricted States such as Sikkim, Meghalaya, and/or Nagaland has requirements where games of skill for stakes may only be offered upon obtaining relevant licenses. Accordingly, at present the Games and the services available on the Application are open only to persons currently residing in India and who are not residents of any of the Restricted States, subject to the Additional Terms. If you access the Service or any Game from any of the Restricted States, you shall be entirely liable for any legal or penal consequences, and we shall be entitled to terminate your account and/or freeze/forfeit the balance in your Winnings Wallet on the Application. This list of Restricted States may change from time to time; you are advised to peruse the Terms from time to time to apprise yourself of the updated list. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance of local laws, if and to the extent applicable.
By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
3. Eligibility
The Application and/or the Services and/or the Platform must only be used or accessed by individuals who are competent to enter into a legally binding contract under the Indian Contract Act, 1872, are individuals who are resident in India (as per the Indian tax laws) and are not body corporate. If you are a minor (i.e. you are under the age of 18 years), you must not use the Application or Services or the Platform.
User agrees that playing games or performing any other activity of any kind on the Application and/or pertaining to the Services and/or the Platform is not in the course of furtherance of their business or profession and all such activities are solely for entertainment purposes. No person who is involved in the development of the Application and/or Services can participate in any Games, where such participation could alter, modify, or unduly influence his/her performance on the Game, without our express written permission and subject to such terms and conditions as we may seek to impose on such person.
Certain Games being provided on the Application may be subject to additional conditions or rules applicable to that particular Game, including in the form of questionnaires/FAQs ("Game Terms"). Such Game Terms are deemed to be incorporated herein by reference. Users must agree and adhere to these Game Terms before playing any such Game on the Application. To the extent that these Terms are inconsistent with Game Terms, the Game Terms shall prevail.
Eligibility terms:
The paid version of Contest(s) are open only to persons above the age of 18 years.
The Contest(s) are open only to persons, currently residing in India.
Company does not offer the paid version of Contest(s) in the Restricted States and Users from these Restricted States shall not be permitted to participate in such Contest(s).
Company may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be one with insider knowledge of participating teams in any given contests/match, organizing boards, leagues etc.
Only those Participants who have successfully registered on Company as well as registered prior to each match in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.
We reserve the right to terminate your Account (defined below) and/or deny access to the Application/Services/Platform if it is brought to our notice that you have violated the Terms/Privacy Policy or applicable law.
4. Nature and use of the Application
The Application is an online platform which allows you to play skill based online real money games with other users. More information about the Application and the Services is available on our website at www.fanizm.com.
You can download the Application from Apple App Store or Google Play Store, subject to the terms and conditions and the privacy policy of the app store. You can use and/or access the Application and the Services by creating an account on the Application using your mobile device by providing your registered mobile number. Your identity will be verified using one of the following methods as selected by you: (i) a one-time password (“OTP”) authentication; (ii) verification of your registered mobile number using a third party service provider; or (iii) email IDs. Upon successful verification, an account will be created for You on the Application ("Account").
You agree that your use and/or access to Services requires you to provide the following details: your mobile number, name, declaration of name of the state you are resident of, declaration that you are above 18 years of age and any other additional authentications at our sole discretion, including in relation to creation of the Account. By using the Application, you agree to limit access to your mobile device to prevent unauthorized use of your Account on the Application or any unauthorized access to and use of the Services using your credentials. You will be responsible for any activity under your Account for informing us immediately if you have any reason to believe that your Account is likely to be used in an unauthorized manner. Please ensure that the details you provide us are accurate and complete and inform us immediately of any changes to the information that you provided when signing-up.
Representations and warranties: By registering for an Account, You represent, warrant and agree that:
a) You fulfil the eligibility criteria under these Terms, including but not limited to your state of residence and your age.
b) You are using Your actual identity and the mobile phone number you have provided is registered in your own name. You will not be able to change the mobile number associated with your Account.
c) You will provide only true, accurate, current, and complete information about Yourself, including but not limited to information such as your name, mobile number, place of residence, age on the Application, bank account details etc. ("User Details");
d) You will maintain and promptly update the User Details and other information that you provide on the Application to keep it true, accurate, current, and complete.
e) You acknowledge that some of your User Details may be visible to other users on the Application.
f) Your Account is for your personal use only. You shall not impersonate someone else. By creating an Account after providing a mobile phone number it in any manner aforementioned, you represent, warrant, and agree that you are authorized to use the Platform/Application and will abide by the Agreement.
g) 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 us and the relevant authorities as soon as possible.
h) You acknowledge and consent that we may use User Details to create promotional and interactive content, and that we may use your User Details for advertisements, promotions, offers, and any other sponsored content that we may display on the Platform or any other marketing channels, including its digital channels, television, print and publication, without requiring any additional consent from You and without being required to pay any payment/monetary compensation to You.
Deletion: iOS users may request for deletion of their Account through the Application. Such a user agrees that by placing an account deletion request, the entire balance in the digital wallet on the Application and Winnings Wallet shall be forfeited. The information associated with his/her Account will be deleted once such user raises a request for account deletion, except to the extent it is necessary to store the same under applicable laws. The user agrees that he/she will not be able to create another account on the Application using the mobile number which was associated with a previously deleted account.
In order to register for the Contest(s), Participants are required to accurately provide the following information:
Full Name
Team Name(s)
E-mail address
Password
State of Residence
Gender
Date of birth
Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
In the event a Participant indicates, while entering an address, that he/she is a resident of either of the Restricted States including Andhra Pradesh, Assam, Nagaland, Sikkim or Telangana such Participant will not be permitted to proceed to sign up for any match in the paid version of the Contest as described below.
Once the Participants have entered the above information, and clicked on the “register” tab, the Participants account is created with the above information.
Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, Company may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
restricting, suspending, or terminating any User's access to all or any part of Company Services;
deactivating or deleting a User's account and all related information and files on the account. Any amount remaining unused in the User's Amount Unutilised Account or Winnings Account (subject to deduction of applicable TDS with effect from 1st April 2023 as applicable) on the date of deactivation or deletion shall be transferred to the User's bank account on record with Company subject to a processing fee (if any) applicable on such transfers as set out herein; or
refraining from awarding any prize(s) to such User.
Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Company). Users further agree to update and keep updated their registration information
Users agree and acknowledge that the address related details provided, if any, by the user shall be treated as “Address on record” of the user for the purposes of Goods and Service Tax Act. In the event of the change in such details, the user shall promptly update his/her profile on the Company platform or write to Company at info@fanizm.com.
A User shall not register or operate more than one User account with Company.
Users agree to ensure that they can receive all communication from Company by marking e-mails or sending SMSs from Company as part of their "safe senders" list. Company shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User's junk or spam folder.
Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify Company of any unauthorized use of accounts or any other breach of security.
Users agree to exit/log-out of their accounts at the end of each session. Company shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with Company Services and/or Company experience or assist in such activity.
Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying Company or Company’s Services.
Users agree that without Company's express written consent, they shall not modify or cause to be modified any files or software that are part of Company's Services.
Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support Company or the Company’s Services (each a "Server"); or (2) the enjoyment of Company Services by any other User or person.
Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt Company Services or any other person's use or enjoyment of Company Services.
Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to Company Services by any means other than the User interface provided by Company, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Company Services.
User shall not to publish any content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
Without limiting the foregoing, Users agree not to use Company for any of the following:
To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, Company, any software, hardware, or telecommunications equipment;
To advertise, offer or sell any goods or services for any commercial purpose on Company without the express written consent of Company;
To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
To restrict or inhibit any other user from using and enjoying any public area within our sites;
To collect or store personal information about other Users;
To interfere with or disrupt Company, servers, or networks;
To impersonate any person or entity, including, but not limited to, a representative of Company, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Company or to manipulate User's presence on Company(s);
To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
To engage in any action 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 other nation.
If a User chooses a username that, in Company's considered opinion is obscene, indecent, abusive or that might subject Company to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, Company reserves the right, without prior notice to the User, to restrict usage of such names, which in Company’s opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and posts from Company, deny such User access to Company, or any combination of these options.
Unauthorized access to Company is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access Company by any means other than through the interface that is provided by Company for use in accessing Company. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
Use of Company is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Company's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of Company.
Users may reach out to Company through Contact at info@fanizm.com if the user has any concerns with regard to a match and/or contest within Forty Eight (48) hours of winner declaration for the concerned contest.
Persons below the age of eighteen (18) years are not allowed to participate on any of the paid contests, games (by whatever name called) on the Company Platform. The Users will have to disclose their real age at the time of getting access into the Company Platform.
Company may not be held responsible for any content contributed by Users on the Company.
User hereby confirms that he / she is participating in a contest in personal capacity and not in the course of business and /or profession.
5. Participation in Contests
You may use the Application to participate in a variety of Contests available on the Application which relate to answering multiple choice questions based on the general knowledge in the media and entertainment industry in a quiz format within a limited time frame, wherein the winners are determined basis the points accumulated by the participant through answering the questions correctly using skill, adroitness, and knowledge of the participant. There can be multiple Contests such as 1v1 battle, multiplayer tournaments and other formats which may be introduced on the Platform from time to time. ‘Player vs Player’ battles are referred to as 1v1 under these Terms. Contests can be either ‘paid’ or ‘unpaid’. In order to participate in a Contest, subject to these Terms, you shall be required to contribute to the game pool on the Application which shall be deducted from the relevant wallet as per the Payment Terms below. The Application provides all details game-wise, including amount to be contributed to game pool, winning amount, platform fees. Users are advised to go through the same prior to participating in any Contest. We shall not be liable for any omission on your part to brief yourself with the game-specific details, fees, rules, or regulations.
You may participate in Contests by contributing a pre-specified amount. The amount pooled by players shall be in the form of a virtual ledger. We charge a platform fee for certain Contests from the user(s), for offering our platform for hosting various games of skill and providing Services to the users. The platform fee is a % of the amount contributed to the game pool, which is applicable to all users. Further, we also reserve the right to charge a fixed % for hosting Contests in the form of tournaments.
You may participate in a Contest wherein you have to contribute a pre-specified amount towards the winning amount pool created for such Contest, which will be passed on to the winner(s) of the Contest in the form of ‘Winning Amount’ after the completion of the Contest as per the terms and conditions of such Contest. Such Winning Amount shall be credited to the Winnings Wallet of the user who wins the Contest.
Each Contest has a predetermined limit (depending on the Game) 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 Application, only if the requisite number of Users register for the Contest before the prescribed entry time limit.
Any amount contributed to the game pool for participation in a Contest, shall be distributed as per the rules and terms & conditions of the Game(s) provided to the participant. The said amount shall not be refundable to the participant except if a Contest has been cancelled. Contests shall be announced by us on the Application from time to time in any manner that is convenient to us, and we reserve the right to extend the participation and time limit for registration, cancel any Contest, and modify any terms, with or without due notice to the users of the Application.
We do not issue receipts for participation in the Contests. The participation for a Contest is accounted for within the Account of the user on the Application. If a user requires a tax invoice for the amount charged by Company from such a user, a request may be made with our customer support team as per these Terms. You agree that applicable taxes, levies and any other Statutory/Govt. dues by whatever name called, may be payable by you if required under applicable law.
Winning amounts or prizes, if any are non-transferable and non-refundable. Winnings cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind. In case a user leaves a Game after it has started because of any reason, the contribution in the game pool of such user shall be retained by us.
By entering a Contest, user agrees to be bound by these Terms and the decisions of Company. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, 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, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users which includes, but is not limited to:
Falsifying ones’ 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 Company to enter a contest and/or claim a prize/winning.;
Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user.;
Colluding with any other user(s) or engaging in any type of syndicate play;
Any violation of Contest rules or the Terms of Use;
Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose
Any type of Discount Bonus misuse, misuse of the Invite Friends program, or misuse of any other offers or promotions;
Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (Spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to Company 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 some of the examples of Abuse)
It is clarified that in case a User is found to be in violation of this policy, Company reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
6. Payment Terms
In respect of any transactions entered into on the Application, including making any contribution:
In respect of any transactions entered into on the Application, including making a payment to participate in the paid versions of Game(s), Users agree to be bound by the following payment terms:
The payment of pre-designated amount Users make to participate in the Game(s) is inclusive of the pre-designated Platform Fee for access to the Application, Platform and/or Services charged by Company and pre-determined participant’s contribution towards prize money pool.
Subject to these Terms and Conditions, all amounts collected from the User will be held in the Company’s designated account. The said Company’s designated account may be operated by a third party appointed by Company, and the Users by participating in a Game(s) hereby authorize the Company to appoint a third party/ Trustee/Escrow Agent to manage Users’ funds on Users’ behalf. From these Company’s designated account, any pay-outs will be made to (a) Users (towards their withdrawals), (b) Company (towards its Platform Fees) and to (c) Government (towards GST payable) and to (d) Government (towards TDS on Net Winnings).
The Company reserves the right to charge a Platform Fee, prior to a User's joining of such Contests. The Platform Fee will be debited from the User’s account balance.
From 01 Oct 2023, 28% GST is applicable on amount deposited by the User in its Amount Unutilised Account with Company platform. User can view the GST paid on each deposit through invoices on ‘My Transaction’ page.
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 Company 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 Company services are provided with two categories of accounts for the processing and reconciliation of payments: (i) 'Amount Unutilised' 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 through the designated payment gateway shall be credited to User’s ‘Amount Unutilised Account’.
Each time a User participates in any contest on Company platform, the pre-designated amount shall be debited from 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 ‘Amount Unutilised 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. At the time of making deposit, the User agrees that Company will collect applicable Government Taxes (such as GST @ 28%) in addition to the amount to be deposited by the User in its Amount Unutilised account. This will be duly reflected by Company to the User at the time of making payment. In case any amount added by the User exclusive of applicable Government Taxes (such as GST @ 28%) through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s ‘Amount Unutilised’ Account and will be available for use in participation in any match(s) or Contest(s). If there is any request for withdrawal of amount deposited in ‘Amount Unutilised’ Account, such refund request shall be processed net of GST i.e. applicable 28% GST paid on amount deposited in ‘Amount Unutilised’ Account shall not be eligible for refund as per applicable government laws.
Debits from the ‘Amount Unutilised’ 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 ‘Amount Unutilised’ Account, and accordingly amounts credited into ‘Amount Unutilised’ Account earlier in time shall be debited first.
Withdrawal of any amount standing to the User's credit in the Winnings Account may be made by way of a request to Company. Company shall effect an online transfer to the User's bank account on record with Company within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings Account. Company 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 Company. Users are requested to note that they will be required to provide their PAN Card and bank account details in order for Company to process the withdrawal request. Company reserves its right to verify the documents/information provided by the Users and reject the same in case found to be incomplete, incorrect or inconsistent. In the event that no bank account has been registered by the User against such User's account with Company, or the User has not verified his/her User account with Company, to Company's satisfaction and in accordance with these Terms and Conditions, Company shall not transfer any Winning amounts to the User.
Users agree that once they confirm a transaction on Company, 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 Company has on third parties, any transactions on Company Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User's 'Amount Unutilised' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Amount Unutilised' Account or Winnings Account balance. Similarly, the utilization of any discount points or discount bonus or money debited from 'Amount Unutilised' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Amount Unutilised' Account or Winnings Account balance. Users agree not to raise any complaint or claim against Company 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.
Company 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.
All prizes shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961. With effect from 1st April 2023, TDS of 30% shall be deducted on Net Winnings (NW) on each withdrawal request placed by the user.
Net Winnings shall be calculated as follows: NW = (A+D)-(B+C+E). Where : A= Total withdrawal (including current withdrawal amount), B= Total Deposit, C= Opening Balance at the beginning of financial year, D= Closing balance of the user account at the end of financial year, E= Amount on which TDS was deducted.
In the event, a user does not withdraw any of his winnings during a financial year and has Net Winning balance as at 31 March of each year, then TDS of 30% shall be deducted on such Net Winnings balance from the user’s Winning Account as on 31 March. In case of any revisions by the Government of India to the aforementioned rate or the definition of Net Winnings in the future, TDS will be deducted by Company in accordance with the then current prescribed TDS rate and the revised definition of Net Winnings. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable taxes, including but not limited to, income tax, gift tax, etc. in respect of the Net Winnings. Company shall not in any manner be responsible for users individual tax matters.
7. Additional Terms & Conditions for Certain Users on the Application
For the purposes of this sub-clause, any reference to ‘User’ means a ‘Free User’. A ‘Free User’ is any User who has not made a deposit in the Deposit Wallet on the App.
After signing up on the App, the User will receive virtual sign-up rewards in terms of Company Rewards. The virtual sign-up rewards shall be provided to the User for experiencing the gaming platform as a Free User. The said virtual rewards will be reflected as Company Rewards in the said User’s wallet as ‘Rupees’, only for ease of user interface. It is clarified that such rewards reflect the maximum discount that a User is eligible for subject to fulfilment of specified conditions.
The said virtual Company Rewards can be used by the Free User for playing games on the App. Such User is not liable to pay any platform fees to play the games on the App, however for better user interface, Company shall burn virtual Company Rewards equivalent to the amount chargeable as platform fees from the paid user.
In case, any Free User loses the game, the virtual Company Rewards amount pooled by such user in the game pool shall be transferred to the winner’s wallet. Where the winner is also a Free User, the said virtual Company Rewards shall remain as virtual Company Rewards in the winner’s wallet and in cases where the winner is a paid user, the said virtual Company Rewards shall be credited as money in the winner’s wallet.
The virtual Company Rewards available in the Free User’s account is only for enriching the user’s experience of the App and not money, therefore it cannot be withdrawn as money.
Company may, in its own sole discretion, provide or launch ‘Virtual Reward Conversion Schemes’. Under such conversion schemes, the Free Users may be eligible to partially convert the said virtual rewards available in the winning wallet of the Free User, subject to fulfillment of terms & conditions of the said Conversion Scheme. Company reserves all rights to provide, alter, modify and close, any such scheme, on its own discretion, without any notice/information, whatsoever.
As per Company’s policy, a Free User shall be converted into a paid user on contributing money into his Deposit Wallet.
Unless a Free User gets converted into a paid user, the virtual Company Rewards and money won from the amount pooled by the paid user shall only be available for playing games.
On conversion of a Free User into a paid user, the virtual Rush Rewards in the Winning Wallet shall be converted into money & the said user shall become entitled to withdraw the money available in its wallet.
In case the Free User does not get converted into paid user within such time as determined by Company, the virtual Company Rewards/Instant Cash available in any wallet shall be burnt by Company and the money available in the Winning Wallet (including any portion of Instant Cash) of such user shall stand forfeited.
8. Restrictions on your use of the Application
You will not undertake any activities such as host, display, upload, modify, publish, transmit, store, update or share any information that, to: (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) upload or share any content that belongs to another person and infringes any IP or other proprietary rights of any party; (iv) upload files that contain viruses, malwares, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (v) upload any content that creates or poses a privacy or security risk to any person; (vi) upload any content that is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, paedophilic, harmful to child, libellous, invasive of another’s privacy, hateful, racial, unethical or otherwise objectionable; (vii) advertise or offer to sell or buy any goods or services for any business purpose, unless such the Platform specifically allows such messages; (viii) conduct or forward surveys, contests, pyramid schemes or chain letters; (ix) download any file posted by another user of the Platform that you know, or reasonably should know, cannot be legally distributed in such manner; (x) interfere with or disrupt any of the Services or the servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform; (xi) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (xii) solicit personal information from anyone under the age of eighteen (18); (xiii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (xiv) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Platform; (xv) violate any code of conduct or other guidelines which may be applicable for the usage of Platform; (xvi) harvest or otherwise collect information about others, including e-mail addresses, without their consent; (xvii) 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 other nation; (xviii) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature; or (xix) violate any applicable laws, restrictions, regulations and rules.
You will not use the Application, or any content provided thereof for any purpose that is illegal, unlawful or prohibited by these Terms or under applicable law.
You will not use the Application, or any content provided thereof:
to host, display, upload, modify, publish, transmit, update or share any information that belongs to another Person and to which the you do not have any right;
which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging,
that relates to or encourages money laundering, betting or gambling, or is otherwise unlawful in any manner whatsoever;
that harms minors in any way;
that infringes any patent, trademark, copyright or other proprietary rights; violates any applicable law for the time being in force;
that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
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;
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; threatens critical information infrastructure.
You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Application/Services/Platform or any component or content thereof, available to third parties without our express written permission (on our official letterhead).
You will not circumvent or disable any digital rights management, usage rules, or other security features of the Application; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Application; and not use the Application in a manner that threatens the integrity, performance, or availability of the Application.
You will not attempt to or engage in any activity that may:
reverse engineer, decompile or otherwise extract the source code related to the Platform or any part thereof, unless it is expressly permitted by us to You in writing or is required by the applicable law;
Amount to colluding with other players or hacking or engaging fraudulent malpractices or misconduct of any kind.
use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Platform or content thereof;
collect information about users for any illegal or unlawful purpose;
create any Account by automated means or under false or fraudulent pretences for using the Platform;
Use Virtual Private Network (VPN) or any other technology to access the Application from Restricted States/ Restricted Territory;
transmit any viruses, worms, defects, trojan horses, logic bombs or any items of a destructive nature through the Application;
use the Application 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 Application, or interfere with any other users’ use and enjoyment of the Platform;
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 Application; and/or
forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through Application Platform.
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 employees, agents, partners, affiliates, dealers and franchisees
If we detect any activity from your Account that is fraudulent, suspected to be defrauding the Application, or if you are found colluding or participating in any kind of fraudulent activity on the Application in any manner, then You shall be debarred from participating in any Game available on the Application.
You are only allowed to create one account on the Application and you agree to provide your KYC details as requested by us from time to time to confirm and verify your identity. In the event we discover that You have created multiple accounts or that multiple accounts have been created from a device, then we reserve the right to ban all such accounts and take other actions as we deem fit, including forfeiture of any amount in any of the wallets.
We reserve the right to deactivate or delete your Account and all related information on it and forfeit wallet balances in your Account, 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 Application, including in relation to any violation or claiming false chargebacks. Any such forfeiture of wallet balance made from your Account shall be made at our sole and absolute discretion and shall not result in any liability on us 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 our sole and absolute discretion and you shall not claim such right or any other recourse from us.
It is hereby clarified that the amounts once forfeited will not be refunded in any case, except at our sole discretion in the event we overturn your account ban.
9. Privacy Policy
Please read our Privacy Policy (available at www.fanizm.com) to understand our practices which govern your use of the Application/Platform/Services. Any information (including your personal information and/or sensitive personal data or information) provided by you on the Application will be collected, stored, processed, transferred or shared by us and our affiliates in accordance with our Privacy Policy. These Terms are deemed to incorporate the Privacy Policy in its entirety.
10. Responsible Gaming
We suggest that users adopt a balanced approach while engaging with any of the Games/Contests on the Application and safeguard themselves against any adverse effects.
It is your responsibility to always control your surroundings and movements when playing the Game to ensure that you don’t injure yourself, any other persons, damage any property etc. Any playing of the Games or entering into Contests is at your own risk and we shall not be liable for any death, injury or health complications resulting from Your use of the Platform/Application.
You shall abide by the Fairplay Policy available at www.fanizm.com. It shall be deemed to be a part of these Terms.
11. Community Guidelines
We want our Application and the Platform to be a safe and fun place to play online real money games. To facilitate this, we have established the following guidelines for participation in the community (“Community Guidelines”). These Community Guidelines apply to your each and every interaction on our Application, the Platform, and any online platforms used by Company to communicate, interact and engage with you and the community, including but not limited to the telegram group such as Rush App, Rush Insiders, Twitter accounts, Instagram profiles, YouTube channels, and similar platforms (“Social Media Avenues”).
You may NOT post content that is in relation to any of the following:
Threats, violence & harm
Threatens any person, and which is a threat of violence, physical or mental harm.
Promotes or encourages suicide or any other type of self-injury, including self-mutilation.
Promotes discrimination, hatred against any individual or group;
Includes nudity, gruesome crime or accident scenes, gory media related to death, serious injury, violence, or surgical procedures.
Content that is gratuitously shocking, sadistic, or excessively graphic, including with respect to animals.
Impersonation, spam & hacking
Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others.
Publishes or posts links to malicious content intended to damage or disrupt another person’s browser or computer.
Uses Platform for obtaining sensitive personal information, banking and credit card details, passwords etc.
Threatens to expose someone’s private information or threaten to hack or break into someone’s digital information.
Is abusive, or constitutes spam.
Harassment & Bullying
Is directed to an individual, including: profiles or posts that identify and shame individuals; images altered to degrade individuals; or photos or videos of physical bullying posted to shame the victim of such bullying.
Attacks a person or group on the basis of attributes such as race, religion, ethnic origin, sexual orientation, disability, or gender.
Depicts physical or psychological abuse involving minors.
Sexually Explicit Content, violence
Includes sexual harassment, sexual assault threats, sharing intimate material without consent, recording or distributing images of sexual assaults, cyber stalking, digital dating abuse and luring sexual trafficking victims.
Promotes or depicts violence towards children, including posting sexually explicit images/videos of children.
Breach of Third Party Rights
Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights.
Hate Speech & false information
Is defamatory, obscene or pornographic.
Is furtherance of illegal activities.
Is intended to deceive or mislead any of other(s) and endangers our trust-based community.
Terrorism & Illegal Activities
Promotes any organization which is engaged in terrorist activity, incites violence against others or organised criminal activity.
Seeks to use Company Sticker Chat for furtherance of any illegal activity or any activity that is in breach of Community Guidelines.
Disrespects national symbols, including national flag and national emblem.
Offers the purchase, sale, or trade of unlawfully acquired goods.
Offers, sells, trades, or solicits firearms, accessories, ammunition, explosive weapons, or instructions on how to manufacture them
Additional Rights/Compliances for Social Media Avenue:
User Compliance: Users are expected to comply with all internal rules, directions, guidelines, or instructions set by moderators, administrators, or individuals associated with Company (collectively the “Moderators”), whether explicitly communicated or implied. Failure to comply may result in removal or restrictions.
Moderation Rights: Moderators reserve the right to moderate and manage Social Media Avenues to ensure compliance with the established rules and guidelines of the Platform or the respective Social Media Avenue. Users must respect the decisions made by the administrators or moderators of these channels.
Account Suspension or Termination: Moderators may suspend or terminate the accounts of users who repeatedly violate the community guidelines or engage in activities that harm the community's experience or reputation.
If you do not agree with our Community Guidelines, you may delete your Account and/or not access, download and use the Application and/or the Services and any other Social Media Avenue.
In the event you wish to report any breach of our Community Guidelines, you may contact us at info@fanizm.com. We will review these reports to determine whether there is a violation of these guidelines and determine if any action needs to be taken, at our sole discretion.
Changes to Community Guidelines: Any changes in the Community Guidelines shall be posted on our website www.fanizm.com to reflect changes in the guidelines. You should periodically review this page for the latest information on our community guidelines. Once posted, those changes are effective immediately. Continued access or use of the Application and/or the Services constitutes your acceptance of the changes and the amended Community Guidelines.
Please take these guidelines seriously and honour them in the spirit in which they are intended. We’ll do our best to enforce them consistently and fairly. We reserve the right at all times (but will not have an obligation) to take down any content in breach of our Terms or Community Guidelines and to take any other actions as we deem fit including, suspending users or reclaiming usernames without liability to you.
12. Modifications in Service
We reserve the right at any time and from time to time to interrupt, restrict, modify or discontinue, temporarily or permanently, Application (or any part thereof) or any Service(s) or the Platform, including the mode of providing the Service, without any cause and/or without any notice to you. You agree that we or our affiliates will not be liable to you or to any third party for any modification, suspension or discontinuance of the Application or Services or the Platform.
13. Disclaimers
To the extent permitted under law, neither Company nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material. To the extent permitted under law, Company shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Company services or sites, cancellation of competition and prizes. Company disclaims any responsibility for, and if a User pays for access to one of Company's Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by Company's maintenance on the servers or the technology that underlies our sites, failures of Company's service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, Company does not provide any warranty as to the content on the Company(s). Company(s) content is distributed on an "as is, as available" basis.
Any material accessed, downloaded or otherwise obtained through Company is done at the User's discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User's computer system or loss of data that results from a User's download of any such material.
Company shall make best endeavours to ensure that the Company(s) is error-free and secure, however, neither Company nor any of its partners, licensors or associates makes any warranty that:
the Company(s) will meet Users' requirements,
Company(s) will be uninterrupted, timely, secure, or error free
the results that may be obtained from the use of Company(s) will be accurate or reliable; and
the quality of any products, Company Services, information, or other material that Users purchase or obtain through Company(s) will meet Users' expectations.
In case Company discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User's account, Company reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, Company agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
To the extent permitted under law, neither Company nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
Any Company Services, events or Contest(s) being hosted or provided, or intended to be hosted on Company 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 either not obtained or denied either before or after the availability of the relevant Company Services, events or Contest(s) are hosted or provided.
To the extent permitted under law, in the event of suspension or closure of any Services, events or Contests, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
14. Intellectual Property Rights
Company includes a combination of content created by Company, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all software underlying Company and the Company Platform and material published on Company, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by Company, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Company either in whole or in part without express written license from Company.
Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on Company ("Users' Content"). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User's Content and that no part of the User's Content infringes any third party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on Company. Users agree to indemnify and hold harmless Company, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Company, by such User or through the User's commissions or omissions.
Users hereby grant to Company and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license 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 Company
distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or
storing Users' Content in a remote database accessible by end users, for a charge.
This license shall apply to the distribution and the storage of Users' Content in any form, medium, or technology.
All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Company(s) belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Company.
15. Third Party Sites, Services and Products
Company may contain links to other Internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. Company does not exercise control over any Internet sites apart from Company and cannot be held responsible for any content residing in any third-party Internet site. Company's inclusion of third-party content or links to third-party Internet sites is not an endorsement by Company of such third-party Internet site.
Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users' correspondence, transactions and usage of the services/offers of such third party 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 the services/offers of such third party. User agrees that Company will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
Company contains content that is created by Company as well as content provided by third parties. Company does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the Company Services provided on Company including while participating in any of the contests hosted on Company.
16. Limitation of Liability
Users shall access the Company Services provided on Company voluntarily and at their own risk. Company 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 Company Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
By entering the contests and accessing the Company Services provided therein, Users hereby release from and agree to indemnify Company, 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 Company 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.
Company 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 Company Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Company Services, including provision of incorrect address or other personal details. Users also undertake to indemnify Company and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Company on account of such act on the part of the Users.
Users shall indemnify, defend, and hold Company harmless from any third party/entity/organization claims arising from or related to such User's engagement with the Company or participation in any Contest. In no event shall Company be liable to any User for acts or omissions arising out of or related to User's engagement with the Company or his/her participation in any Contest(s).
In consideration of Company allowing Users to access the Company 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 Company, 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 Company Services or related to the Contests or the prizes of the Contests.
17. Indemnification
You agree to indemnify, defend and hold harmless us and our subsidiaries, assignors, assignees affiliates, partners, owner(s) and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand, judgment, settlement or expense (including but not limited to attorney's fees) of any kind arising out of: (i) your access to or use of the Application and/or Services; (ii) any breach of these Terms, Privacy Policy; (iii) your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation. This clause shall survive termination of these Terms.
Notwithstanding anything otherwise provided, we reserve our rights, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, in which event you will fully cooperate with us in asserting any available defences in our discretion.
18. Force Majeure
We will not be liable to you for any eventuality caused directly or indirectly as a result of using Application or Services or the Platform(s), in case of any Force Majeure Event. A Force Majeure Event is defined as any act of God, wars or threat of war (declared or undeclared), insurrections, acts of terrorism, epidemic, pandemic, government actions (including but not limited to passage of any law, order), lockouts, civil unrest, demonstrations, real or potential labour disputes, any natural disaster, inability to obtain relevant authorisations or accident or defect in telecommunication network or any other act, affecting our ability to offer Services or Application or the Application and which are beyond our reasonable control. Force Majeure Event may render it difficult or impossible for us to continue to provide the Services on its Application or the Platform and we retain the right to suspend, limit or terminate the Platform/Application/Services until further notice.
19. Communications
We may communicate with you through email, SMS, telephone, by posting notifications on the Application (including push notifications) or any other means of communication. By using the Application, you consent to receive such communications from us including in relation to the Application and/or Services, your Account information or any updates/ changes to the Application/ Services and/ or other promotional or marketing communications from us.
We may allow you to use the Services to initiate SMS or text messages or other online communication to your friends, family, or other contacts. You are not required to send such text messages, however in case you do then you shall be solely responsible for them. You understand that standard text messaging and data rates may apply based on your plan with your mobile phone carrier. You also understand that we do not control the recipients, content, or timing of these text messages. If you choose to send any messages through the Services, you represent and warrant to us that the recipients of the messages have appropriately consented to receive the messages.
20. Feedback
We value any suggestions, ideas, comments, opinions, information, or other input provided by users of the Rush app through various channels, including but not limited to the app's feedback feature, social media avenues, email, surveys, customer support interactions, community forums, and any other means of communication (collectively the, “Feedback”).
By providing Feedback through the app, social media channels, email, or any other means of communication, users acknowledge and agree that Company has the right to utilize, analyze, reproduce, modify, adapt, publish, display, distribute, or incorporate their Feedback in any way deemed appropriate, without the need for further consent or compensation. This includes using the Feedback for promotional purposes, improving our Services and Platform, developing new features, enhancing user experiences, conducting market research, and other business-related activities. Users understand that any Feedback they provide becomes the exclusive property of Company, and they do not retain any proprietary or intellectual property rights over their Feedback.
21. Entire Agreement
You agree that these Terms read with Privacy Policy will constitute the complete agreement between you and us and supersedes any prior agreements, oral or written, and any other communications between you and us relating to the subject matter of these Terms.
22. Severability
If one or more provisions of these Terms are held to be unenforceable under applicable law(s), the remainder of these Terms will be valid and enforceable.
23. Waiver
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
23. Termination
Your access to the Application/Services/Platform may be terminated by us if:
a. You voluntarily uninstall the Application from your device;
b. You knowingly or unknowingly cause direct or indirect breach, as ascertained by us, of these Terms or Privacy Policy as a whole or in part; or
c. Your Account is inactive for more than 365 days;
d. we identify that the same User Details are being used under multiple accounts, then we at our sole discretion will terminate/deactivate the Account without the users’ consent any and all wallet balances will not be refunded
e. we are required to do so by law.
We may terminate this Agreement at any time, with or without notice and may disable your access to the Application and/or bar You from any future use of the Services.
You may terminate this agreement at any time by terminating Your access to the Application. However, certain obligations of yours under this agreement shall continue to prevail even on such termination.
When the Terms come to an end, all of the legal rights, obligations and liabilities that You and us 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.
24. Governing Law
These Terms and all issues and questions thereunder shall be governed and construed in accordance with the laws of India.
25. Dispute Resolution
The courts of competent jurisdiction at Mumbai, India shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Application or the Services provided by us, the construction, validity, interpretation and enforceability of these Terms, or your or our rights and obligations, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below.
In the event of any legal dispute (which may be a legal issue or question) which may arise, firstly 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 by a sole arbitrator who shall be appointed by us and whose decision shall be final and binding upon all the parties. 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.
Nothing contained in these Terms shall prevent us from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard our 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 our part to pursue any remedy for monetary damages through the arbitration described herein.
You agree that any cause of action arising out of Your use of the Platform/Services/Application 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.
26. Customer Support
In case where you have any queries pertaining to the Application or its Services or the Terms, you may contact our customer service at info@fanizm.com or you may alternatively also find the help and support page within our Application.
27. Grievance Officer
In case you have any complaints or grievance pertaining to (i) any User Content that you believe violates these Terms (other than an infringement of Intellectual Property Rights) for the reporting mechanism for such claims), (ii) your access to the Platform or (iii) any User Content which you believe is, prima facie, in the nature of any material which is obscene, defamatory towards the complainant or any person on whose behalf you are making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by writing to: info@fanizm.com.
In your complaint or grievance, please include the following information:
Your name and contact details: name, address, contact number and email address;
Your relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person;
The name and age of the person aggrieved or affected by the subject matter of the complaint, in case your are acting on behalf of such person and a statement, under penalty of perjury, that you are authorised to act on behalf of such person and to provide such person's personal information to us in relation to the complaint/grievance;
Description of the complaint or grievance with clear identification of the User Content in relation to which such complaint or grievance is made;
A statement that you believe, in good faith, that the User Content violates these Terms
A statement that the information provided in the complaint or grievance is accurate.
The Company respects the Intellectual Property Rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners. You are requested to send us a written notice/ intimation if you notice any act of infringement on the Platform, which must include the following information:
A clear identification of the copyrighted work allegedly infringed;
A clear identification of the allegedly infringing material on the Platform;
Your contact details: name, address, e-mail address and phone number;
A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Platform is not authorized by your agent or the law;
A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
Your signature or a signature of your authorized agent.
The aforesaid notices can be sent to the Company by email at info@fanizm.com.
On receiving such complaint, grievance or notice, the Company reserves the right to investigate and/or take such action as the Company may deem appropriate. The Company may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same.
The name and title of the Grievance Redressal Officer is as follows:
Name: Mr. Rahul
Email: rahul@fanizm.com
Address: 502, 5th Floor, Raheja Titanium, Geetanjali colony, Goregaon East, Mumbai 400063.
The Grievance Officer identified above pursuant to the provisions of applicable laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the Rules enacted under those laws.
The Company reserves the right to replace the Grievance Redressal Officer at its discretion through publication of the name and title of such replacement on the website, which replacement shall come into effect immediately upon publication.
28. Right to Take down
You understand and agree that we may takedown, delete or remove any content available on the Application or in relation to the Services at our sole discretion, without any notice to you, for any reason whatsoever including on account of your violation of these Terms or Privacy Policy or if required in accordance with applicable law (including but not limited to the Information Technology Act, 2000).
29. Forfeiture
We reserve the right to forfeit any account which we determine as - inactive, violative of intellectual property rights, violative of these Terms or Privacy Policy or misleading in nature.
30. Copyright Notice
If you believe in good faith that any content displayed or transmitted through the Application infringes your copyright, you may reach us at info@fanizm.com.
31. Rewards
The Application may have a separate tab for offering different types of rewards to the eligible users, including but not limited to the ones listed below. It is clarified that such rewards are in the nature of discounts. The User will be eligible to avail and utilize the discounts offered by the Company, subject to terms and conditions with respect to each of the discounts as communicated from time to time. We reserve the right to make modifications to the same or to completely remove this feature at any time. By participating in any of the rewards and contests below, you agree to be bound by these terms and conditions. Participation in any of the contests/rewards on the App is voluntary. Further, we reserve the right to determine the duration of the contests/rewards. You can reach out to us in case of any queries with respect to any of the contests/rewards at info@fanizm.com. Company shall address the queries only during which the relevant contest/rewards are live on the App.
It is hereby clarified that your eligibility or participation in case of any contest does not guarantee a reward and no reward can be claimed as a matter of right. In case of any disputes of any kind with respect to any contest/reward, Company’s decision will be final and binding. By participating in any contest/reward, you will be legally bound hereby, to release from liability, and hold harmless Company, and any of its affiliates, employees or agents representing or related to Company and its services/products.
In the event you win any reward, you agree that Company may use your name to declare you as a winner, at its sole discretion, but is not bound to do so. Company may use the above to promote any contest and any promotions, events, or contests to follow. You acknowledge that you will not receive any compensation, etc. for the use of such pictures, etc., and hereby release Company and/ or its affiliates and its agents and assigns from any and all claims which arise out of or are in any way connected with such use.
Different sets of rewards may be visible to different users based on the criteria determined by us. If any user violates these Terms, then he/she may be ineligible for participating in any contest/challenge and his/her reward may be forfeited by us without any prior notice.
TERMS OF SERVICE
The following terms and conditions (“Terms / “Terms and Conditions”) govern your access to Fanizm (“Application / Platform”), offered by Fanizm India Private Limited having its registered office at 502, 5th Floor, Raheja Titanium, Geetanjali colony, Goregaon East, Mumbai 400063 (hereinafter referred to as “we” or “us” or “our” or “Company”, which expression shall include its successors, licensors, assignors, assignees, affiliates, partners, owners by whichever name called), and regulates the use of the services offered through the Application, the Platform (defined below), and/or Social Media Avenues (defined below) and/or Company’s websites (collectively referred to as the “Services”). These terms and conditions (hereinafter “Terms” or “Agreement”) constitute a binding agreement between you (hereinafter “User”, “Participant”, “you” or “your”) and Company. Please read these Terms carefully before you use the Application, or any Service offered through the Application. If You do not agree with any part of these Terms, kindly refrain from using any Service, or accessing the Application and/or the Platform. By downloading, installing, or using the Application and/or the Services, you represent that you are competent to enter this contract under the laws of India and further signify your agreement to be bound by the Terms. Your continued use of the Application and/or the Services offered through the Application will imply your acceptance of the conditions contained under these Terms. We grant you a non-transferrable, limited, non-exclusive and revocable privilege to register an Account on and use the Application.
These Terms constitute an 'electronic record' within the meaning of the laws of India (including the Information Technology Act, 2000) and are generated by a computer system and do not require any physical or digital signatures. These Terms have been published in accordance with the provisions of Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended. By using the Services, you agree to contract electronically with us and agree to these Terms, together with any documents that maybe expressly referred to and are incorporated by reference herein, including our Privacy Policy. You agree that these electronic terms combined with your act of using these Services, have the same force and effect as your written signature and satisfy any laws that require a writing or signature. You shall not use the services if you: (a) do not agree to these Terms; (b) are not of the age of 18 years; or (c) are from the afore-mentioned Restricted States or are prohibited from accessing or using the Services or any of its contents, products or services by applicable law.
The Application can be downloaded freely from the Apple App Store and/or Google Play Store, subject to its terms and conditions and the privacy policy. It may also be available for download through our website https://fanizm.com/terms-condition, and other web portals as may be applicable from time to time.
We reserve the right to periodically review, update, change or replace any part of these Terms on our website at www.fanizm.com at our discretion. You must visit this page periodically for updates on the Terms. Your continued usage of the Platform and/or the Application after any such update, change, replacement or modification to these terms constitutes your valid consent to such changes.
1. Application
The Application offers various skill based online real money games developed and owned by us ("Games") and battles/tournaments in relation to such Games where users compete with one another ("Contest"). Contests require you to contribute to the game pool for participation. We may at our sole discretion allow you to use some of our Services or part of Services free of charge while other features may be chargeable (refer to "Payment Terms" below).
2. Games of Skill
The Games on the Application are all Games of Skill (defined below). Each game will reward certain skills, such as knowledge of the game, familiarity with rules, experience, reflexes, practice, hand-eye coordination etc. You must note that all Games available on the Application are games where your success or/and performance depends predominantly upon their superior knowledge, training, attention, experience and adroitness ("Games of Skill") in playing the game and less on chance. ‘Games of Skill’, under Indian law, are excluded from the ambit of gambling/betting legislations including, the Public Gambling Act of 1867 and other state enactments. Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867. The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
The Contest (s) described above (across the Services) are games of skill as success of Participants depends primarily on their superior knowledge of general knowledge, entertainment related content, knowledge of celebrities, conditions and/or releases, attention and dedication towards the Contest(s) and adroitness in playing the Contest(s). Given the above background, the individuals residing in the Restricted States (defined below) should not participate in paid / real money version of the Games offered on the Application. Any participation by such individuals shall be at their sole risk and discretion and we shall not be liable to refund or reimburse any injury or damages suffered by such individuals. We reserve the right to monitor all activities from your Account on the Application to ensure compliance with law. If you participate in any Games in violation of any central and/or state law(s) in India, we reserve the right to cooperate with law enforcement agencies of the relevant state and report such participation or/and suspicious activity along with all your relevant details. We do not support, endorse or offer ‘games of chance’ for money. Each Game that is available on the Application has clearly defined rules. You are encouraged to read, understand and follow these rules to be successful in these Games.
We shall not be liable if you do not adhere to the Game rules or otherwise engage in gambling or betting activities on the Application, which shall solely be at your sole risk. The outcomes in our games, whether involving questions in the quiz or otherwise, are statistically random and unpredictable thereby assuring that the system is free from any manipulation. This Application is not rigged, and all players have an equal opportunity to succeed. Thus, the outcome in our games for a player is solely determined based on their skill.
Any user residing in the states of Assam, Odisha, Nagaland, Sikkim, Meghalaya, Andhra Pradesh, Telangana and/or any other state as notified by the central/state government/court ruling in India from time to time ("Restricted States") are prohibited from participating in any real money Games on the Application, unless otherwise set out under the ‘Additional Terms’. It is hereby clarified that some of the Restricted States such as Sikkim, Meghalaya, and/or Nagaland has requirements where games of skill for stakes may only be offered upon obtaining relevant licenses. Accordingly, at present the Games and the services available on the Application are open only to persons currently residing in India and who are not residents of any of the Restricted States, subject to the Additional Terms. If you access the Service or any Game from any of the Restricted States, you shall be entirely liable for any legal or penal consequences, and we shall be entitled to terminate your account and/or freeze/forfeit the balance in your Winnings Wallet on the Application. This list of Restricted States may change from time to time; you are advised to peruse the Terms from time to time to apprise yourself of the updated list. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance of local laws, if and to the extent applicable.
By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
3. Eligibility
The Application and/or the Services and/or the Platform must only be used or accessed by individuals who are competent to enter into a legally binding contract under the Indian Contract Act, 1872, are individuals who are resident in India (as per the Indian tax laws) and are not body corporate. If you are a minor (i.e. you are under the age of 18 years), you must not use the Application or Services or the Platform.
User agrees that playing games or performing any other activity of any kind on the Application and/or pertaining to the Services and/or the Platform is not in the course of furtherance of their business or profession and all such activities are solely for entertainment purposes. No person who is involved in the development of the Application and/or Services can participate in any Games, where such participation could alter, modify, or unduly influence his/her performance on the Game, without our express written permission and subject to such terms and conditions as we may seek to impose on such person.
Certain Games being provided on the Application may be subject to additional conditions or rules applicable to that particular Game, including in the form of questionnaires/FAQs ("Game Terms"). Such Game Terms are deemed to be incorporated herein by reference. Users must agree and adhere to these Game Terms before playing any such Game on the Application. To the extent that these Terms are inconsistent with Game Terms, the Game Terms shall prevail.
Eligibility terms:
The paid version of Contest(s) are open only to persons above the age of 18 years.
The Contest(s) are open only to persons, currently residing in India.
Company does not offer the paid version of Contest(s) in the Restricted States and Users from these Restricted States shall not be permitted to participate in such Contest(s).
Company may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be one with insider knowledge of participating teams in any given contests/match, organizing boards, leagues etc.
Only those Participants who have successfully registered on Company as well as registered prior to each match in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.
We reserve the right to terminate your Account (defined below) and/or deny access to the Application/Services/Platform if it is brought to our notice that you have violated the Terms/Privacy Policy or applicable law.
4. Nature and use of the Application
The Application is an online platform which allows you to play skill based online real money games with other users. More information about the Application and the Services is available on our website at www.fanizm.com.
You can download the Application from Apple App Store or Google Play Store, subject to the terms and conditions and the privacy policy of the app store. You can use and/or access the Application and the Services by creating an account on the Application using your mobile device by providing your registered mobile number. Your identity will be verified using one of the following methods as selected by you: (i) a one-time password (“OTP”) authentication; (ii) verification of your registered mobile number using a third party service provider; or (iii) email IDs. Upon successful verification, an account will be created for You on the Application ("Account").
You agree that your use and/or access to Services requires you to provide the following details: your mobile number, name, declaration of name of the state you are resident of, declaration that you are above 18 years of age and any other additional authentications at our sole discretion, including in relation to creation of the Account. By using the Application, you agree to limit access to your mobile device to prevent unauthorized use of your Account on the Application or any unauthorized access to and use of the Services using your credentials. You will be responsible for any activity under your Account for informing us immediately if you have any reason to believe that your Account is likely to be used in an unauthorized manner. Please ensure that the details you provide us are accurate and complete and inform us immediately of any changes to the information that you provided when signing-up.
Representations and warranties: By registering for an Account, You represent, warrant and agree that:
a) You fulfil the eligibility criteria under these Terms, including but not limited to your state of residence and your age.
b) You are using Your actual identity and the mobile phone number you have provided is registered in your own name. You will not be able to change the mobile number associated with your Account.
c) You will provide only true, accurate, current, and complete information about Yourself, including but not limited to information such as your name, mobile number, place of residence, age on the Application, bank account details etc. ("User Details");
d) You will maintain and promptly update the User Details and other information that you provide on the Application to keep it true, accurate, current, and complete.
e) You acknowledge that some of your User Details may be visible to other users on the Application.
f) Your Account is for your personal use only. You shall not impersonate someone else. By creating an Account after providing a mobile phone number it in any manner aforementioned, you represent, warrant, and agree that you are authorized to use the Platform/Application and will abide by the Agreement.
g) 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 us and the relevant authorities as soon as possible.
h) You acknowledge and consent that we may use User Details to create promotional and interactive content, and that we may use your User Details for advertisements, promotions, offers, and any other sponsored content that we may display on the Platform or any other marketing channels, including its digital channels, television, print and publication, without requiring any additional consent from You and without being required to pay any payment/monetary compensation to You.
Deletion: iOS users may request for deletion of their Account through the Application. Such a user agrees that by placing an account deletion request, the entire balance in the digital wallet on the Application and Winnings Wallet shall be forfeited. The information associated with his/her Account will be deleted once such user raises a request for account deletion, except to the extent it is necessary to store the same under applicable laws. The user agrees that he/she will not be able to create another account on the Application using the mobile number which was associated with a previously deleted account.
In order to register for the Contest(s), Participants are required to accurately provide the following information:
Full Name
Team Name(s)
E-mail address
Password
State of Residence
Gender
Date of birth
Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
In the event a Participant indicates, while entering an address, that he/she is a resident of either of the Restricted States including Andhra Pradesh, Assam, Nagaland, Sikkim or Telangana such Participant will not be permitted to proceed to sign up for any match in the paid version of the Contest as described below.
Once the Participants have entered the above information, and clicked on the “register” tab, the Participants account is created with the above information.
Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, Company may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
restricting, suspending, or terminating any User's access to all or any part of Company Services;
deactivating or deleting a User's account and all related information and files on the account. Any amount remaining unused in the User's Amount Unutilised Account or Winnings Account (subject to deduction of applicable TDS with effect from 1st April 2023 as applicable) on the date of deactivation or deletion shall be transferred to the User's bank account on record with Company subject to a processing fee (if any) applicable on such transfers as set out herein; or
refraining from awarding any prize(s) to such User.
Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Company). Users further agree to update and keep updated their registration information
Users agree and acknowledge that the address related details provided, if any, by the user shall be treated as “Address on record” of the user for the purposes of Goods and Service Tax Act. In the event of the change in such details, the user shall promptly update his/her profile on the Company platform or write to Company at info@fanizm.com.
A User shall not register or operate more than one User account with Company.
Users agree to ensure that they can receive all communication from Company by marking e-mails or sending SMSs from Company as part of their "safe senders" list. Company shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User's junk or spam folder.
Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify Company of any unauthorized use of accounts or any other breach of security.
Users agree to exit/log-out of their accounts at the end of each session. Company shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with Company Services and/or Company experience or assist in such activity.
Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying Company or Company’s Services.
Users agree that without Company's express written consent, they shall not modify or cause to be modified any files or software that are part of Company's Services.
Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support Company or the Company’s Services (each a "Server"); or (2) the enjoyment of Company Services by any other User or person.
Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt Company Services or any other person's use or enjoyment of Company Services.
Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to Company Services by any means other than the User interface provided by Company, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Company Services.
User shall not to publish any content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
Without limiting the foregoing, Users agree not to use Company for any of the following:
To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, Company, any software, hardware, or telecommunications equipment;
To advertise, offer or sell any goods or services for any commercial purpose on Company without the express written consent of Company;
To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
To restrict or inhibit any other user from using and enjoying any public area within our sites;
To collect or store personal information about other Users;
To interfere with or disrupt Company, servers, or networks;
To impersonate any person or entity, including, but not limited to, a representative of Company, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Company or to manipulate User's presence on Company(s);
To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
To engage in any action 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 other nation.
If a User chooses a username that, in Company's considered opinion is obscene, indecent, abusive or that might subject Company to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, Company reserves the right, without prior notice to the User, to restrict usage of such names, which in Company’s opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and posts from Company, deny such User access to Company, or any combination of these options.
Unauthorized access to Company is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access Company by any means other than through the interface that is provided by Company for use in accessing Company. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
Use of Company is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Company's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of Company.
Users may reach out to Company through Contact at info@fanizm.com if the user has any concerns with regard to a match and/or contest within Forty Eight (48) hours of winner declaration for the concerned contest.
Persons below the age of eighteen (18) years are not allowed to participate on any of the paid contests, games (by whatever name called) on the Company Platform. The Users will have to disclose their real age at the time of getting access into the Company Platform.
Company may not be held responsible for any content contributed by Users on the Company.
User hereby confirms that he / she is participating in a contest in personal capacity and not in the course of business and /or profession.
5. Participation in Contests
You may use the Application to participate in a variety of Contests available on the Application which relate to answering multiple choice questions based on the general knowledge in the media and entertainment industry in a quiz format within a limited time frame, wherein the winners are determined basis the points accumulated by the participant through answering the questions correctly using skill, adroitness, and knowledge of the participant. There can be multiple Contests such as 1v1 battle, multiplayer tournaments and other formats which may be introduced on the Platform from time to time. ‘Player vs Player’ battles are referred to as 1v1 under these Terms. Contests can be either ‘paid’ or ‘unpaid’. In order to participate in a Contest, subject to these Terms, you shall be required to contribute to the game pool on the Application which shall be deducted from the relevant wallet as per the Payment Terms below. The Application provides all details game-wise, including amount to be contributed to game pool, winning amount, platform fees. Users are advised to go through the same prior to participating in any Contest. We shall not be liable for any omission on your part to brief yourself with the game-specific details, fees, rules, or regulations.
You may participate in Contests by contributing a pre-specified amount. The amount pooled by players shall be in the form of a virtual ledger. We charge a platform fee for certain Contests from the user(s), for offering our platform for hosting various games of skill and providing Services to the users. The platform fee is a % of the amount contributed to the game pool, which is applicable to all users. Further, we also reserve the right to charge a fixed % for hosting Contests in the form of tournaments.
You may participate in a Contest wherein you have to contribute a pre-specified amount towards the winning amount pool created for such Contest, which will be passed on to the winner(s) of the Contest in the form of ‘Winning Amount’ after the completion of the Contest as per the terms and conditions of such Contest. Such Winning Amount shall be credited to the Winnings Wallet of the user who wins the Contest.
Each Contest has a predetermined limit (depending on the Game) 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 Application, only if the requisite number of Users register for the Contest before the prescribed entry time limit.
Any amount contributed to the game pool for participation in a Contest, shall be distributed as per the rules and terms & conditions of the Game(s) provided to the participant. The said amount shall not be refundable to the participant except if a Contest has been cancelled. Contests shall be announced by us on the Application from time to time in any manner that is convenient to us, and we reserve the right to extend the participation and time limit for registration, cancel any Contest, and modify any terms, with or without due notice to the users of the Application.
We do not issue receipts for participation in the Contests. The participation for a Contest is accounted for within the Account of the user on the Application. If a user requires a tax invoice for the amount charged by Company from such a user, a request may be made with our customer support team as per these Terms. You agree that applicable taxes, levies and any other Statutory/Govt. dues by whatever name called, may be payable by you if required under applicable law.
Winning amounts or prizes, if any are non-transferable and non-refundable. Winnings cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind. In case a user leaves a Game after it has started because of any reason, the contribution in the game pool of such user shall be retained by us.
By entering a Contest, user agrees to be bound by these Terms and the decisions of Company. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, 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, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users which includes, but is not limited to:
Falsifying ones’ 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 Company to enter a contest and/or claim a prize/winning.;
Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user.;
Colluding with any other user(s) or engaging in any type of syndicate play;
Any violation of Contest rules or the Terms of Use;
Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose
Any type of Discount Bonus misuse, misuse of the Invite Friends program, or misuse of any other offers or promotions;
Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (Spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to Company 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 some of the examples of Abuse)
It is clarified that in case a User is found to be in violation of this policy, Company reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
6. Payment Terms
In respect of any transactions entered into on the Application, including making any contribution:
In respect of any transactions entered into on the Application, including making a payment to participate in the paid versions of Game(s), Users agree to be bound by the following payment terms:
The payment of pre-designated amount Users make to participate in the Game(s) is inclusive of the pre-designated Platform Fee for access to the Application, Platform and/or Services charged by Company and pre-determined participant’s contribution towards prize money pool.
Subject to these Terms and Conditions, all amounts collected from the User will be held in the Company’s designated account. The said Company’s designated account may be operated by a third party appointed by Company, and the Users by participating in a Game(s) hereby authorize the Company to appoint a third party/ Trustee/Escrow Agent to manage Users’ funds on Users’ behalf. From these Company’s designated account, any pay-outs will be made to (a) Users (towards their withdrawals), (b) Company (towards its Platform Fees) and to (c) Government (towards GST payable) and to (d) Government (towards TDS on Net Winnings).
The Company reserves the right to charge a Platform Fee, prior to a User's joining of such Contests. The Platform Fee will be debited from the User’s account balance.
From 01 Oct 2023, 28% GST is applicable on amount deposited by the User in its Amount Unutilised Account with Company platform. User can view the GST paid on each deposit through invoices on ‘My Transaction’ page.
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 Company 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 Company services are provided with two categories of accounts for the processing and reconciliation of payments: (i) 'Amount Unutilised' 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 through the designated payment gateway shall be credited to User’s ‘Amount Unutilised Account’.
Each time a User participates in any contest on Company platform, the pre-designated amount shall be debited from 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 ‘Amount Unutilised 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. At the time of making deposit, the User agrees that Company will collect applicable Government Taxes (such as GST @ 28%) in addition to the amount to be deposited by the User in its Amount Unutilised account. This will be duly reflected by Company to the User at the time of making payment. In case any amount added by the User exclusive of applicable Government Taxes (such as GST @ 28%) through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s ‘Amount Unutilised’ Account and will be available for use in participation in any match(s) or Contest(s). If there is any request for withdrawal of amount deposited in ‘Amount Unutilised’ Account, such refund request shall be processed net of GST i.e. applicable 28% GST paid on amount deposited in ‘Amount Unutilised’ Account shall not be eligible for refund as per applicable government laws.
Debits from the ‘Amount Unutilised’ 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 ‘Amount Unutilised’ Account, and accordingly amounts credited into ‘Amount Unutilised’ Account earlier in time shall be debited first.
Withdrawal of any amount standing to the User's credit in the Winnings Account may be made by way of a request to Company. Company shall effect an online transfer to the User's bank account on record with Company within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings Account. Company 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 Company. Users are requested to note that they will be required to provide their PAN Card and bank account details in order for Company to process the withdrawal request. Company reserves its right to verify the documents/information provided by the Users and reject the same in case found to be incomplete, incorrect or inconsistent. In the event that no bank account has been registered by the User against such User's account with Company, or the User has not verified his/her User account with Company, to Company's satisfaction and in accordance with these Terms and Conditions, Company shall not transfer any Winning amounts to the User.
Users agree that once they confirm a transaction on Company, 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 Company has on third parties, any transactions on Company Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User's 'Amount Unutilised' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Amount Unutilised' Account or Winnings Account balance. Similarly, the utilization of any discount points or discount bonus or money debited from 'Amount Unutilised' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Amount Unutilised' Account or Winnings Account balance. Users agree not to raise any complaint or claim against Company 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.
Company 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.
All prizes shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961. With effect from 1st April 2023, TDS of 30% shall be deducted on Net Winnings (NW) on each withdrawal request placed by the user.
Net Winnings shall be calculated as follows: NW = (A+D)-(B+C+E). Where : A= Total withdrawal (including current withdrawal amount), B= Total Deposit, C= Opening Balance at the beginning of financial year, D= Closing balance of the user account at the end of financial year, E= Amount on which TDS was deducted.
In the event, a user does not withdraw any of his winnings during a financial year and has Net Winning balance as at 31 March of each year, then TDS of 30% shall be deducted on such Net Winnings balance from the user’s Winning Account as on 31 March. In case of any revisions by the Government of India to the aforementioned rate or the definition of Net Winnings in the future, TDS will be deducted by Company in accordance with the then current prescribed TDS rate and the revised definition of Net Winnings. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable taxes, including but not limited to, income tax, gift tax, etc. in respect of the Net Winnings. Company shall not in any manner be responsible for users individual tax matters.
7. Additional Terms & Conditions for Certain Users on the Application
For the purposes of this sub-clause, any reference to ‘User’ means a ‘Free User’. A ‘Free User’ is any User who has not made a deposit in the Deposit Wallet on the App.
After signing up on the App, the User will receive virtual sign-up rewards in terms of Company Rewards. The virtual sign-up rewards shall be provided to the User for experiencing the gaming platform as a Free User. The said virtual rewards will be reflected as Company Rewards in the said User’s wallet as ‘Rupees’, only for ease of user interface. It is clarified that such rewards reflect the maximum discount that a User is eligible for subject to fulfilment of specified conditions.
The said virtual Company Rewards can be used by the Free User for playing games on the App. Such User is not liable to pay any platform fees to play the games on the App, however for better user interface, Company shall burn virtual Company Rewards equivalent to the amount chargeable as platform fees from the paid user.
In case, any Free User loses the game, the virtual Company Rewards amount pooled by such user in the game pool shall be transferred to the winner’s wallet. Where the winner is also a Free User, the said virtual Company Rewards shall remain as virtual Company Rewards in the winner’s wallet and in cases where the winner is a paid user, the said virtual Company Rewards shall be credited as money in the winner’s wallet.
The virtual Company Rewards available in the Free User’s account is only for enriching the user’s experience of the App and not money, therefore it cannot be withdrawn as money.
Company may, in its own sole discretion, provide or launch ‘Virtual Reward Conversion Schemes’. Under such conversion schemes, the Free Users may be eligible to partially convert the said virtual rewards available in the winning wallet of the Free User, subject to fulfillment of terms & conditions of the said Conversion Scheme. Company reserves all rights to provide, alter, modify and close, any such scheme, on its own discretion, without any notice/information, whatsoever.
As per Company’s policy, a Free User shall be converted into a paid user on contributing money into his Deposit Wallet.
Unless a Free User gets converted into a paid user, the virtual Company Rewards and money won from the amount pooled by the paid user shall only be available for playing games.
On conversion of a Free User into a paid user, the virtual Rush Rewards in the Winning Wallet shall be converted into money & the said user shall become entitled to withdraw the money available in its wallet.
In case the Free User does not get converted into paid user within such time as determined by Company, the virtual Company Rewards/Instant Cash available in any wallet shall be burnt by Company and the money available in the Winning Wallet (including any portion of Instant Cash) of such user shall stand forfeited.
8. Restrictions on your use of the Application
You will not undertake any activities such as host, display, upload, modify, publish, transmit, store, update or share any information that, to: (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) upload or share any content that belongs to another person and infringes any IP or other proprietary rights of any party; (iv) upload files that contain viruses, malwares, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (v) upload any content that creates or poses a privacy or security risk to any person; (vi) upload any content that is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, paedophilic, harmful to child, libellous, invasive of another’s privacy, hateful, racial, unethical or otherwise objectionable; (vii) advertise or offer to sell or buy any goods or services for any business purpose, unless such the Platform specifically allows such messages; (viii) conduct or forward surveys, contests, pyramid schemes or chain letters; (ix) download any file posted by another user of the Platform that you know, or reasonably should know, cannot be legally distributed in such manner; (x) interfere with or disrupt any of the Services or the servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform; (xi) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (xii) solicit personal information from anyone under the age of eighteen (18); (xiii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (xiv) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Platform; (xv) violate any code of conduct or other guidelines which may be applicable for the usage of Platform; (xvi) harvest or otherwise collect information about others, including e-mail addresses, without their consent; (xvii) 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 other nation; (xviii) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature; or (xix) violate any applicable laws, restrictions, regulations and rules.
You will not use the Application, or any content provided thereof for any purpose that is illegal, unlawful or prohibited by these Terms or under applicable law.
You will not use the Application, or any content provided thereof:
to host, display, upload, modify, publish, transmit, update or share any information that belongs to another Person and to which the you do not have any right;
which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging,
that relates to or encourages money laundering, betting or gambling, or is otherwise unlawful in any manner whatsoever;
that harms minors in any way;
that infringes any patent, trademark, copyright or other proprietary rights; violates any applicable law for the time being in force;
that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
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;
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; threatens critical information infrastructure.
You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Application/Services/Platform or any component or content thereof, available to third parties without our express written permission (on our official letterhead).
You will not circumvent or disable any digital rights management, usage rules, or other security features of the Application; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Application; and not use the Application in a manner that threatens the integrity, performance, or availability of the Application.
You will not attempt to or engage in any activity that may:
reverse engineer, decompile or otherwise extract the source code related to the Platform or any part thereof, unless it is expressly permitted by us to You in writing or is required by the applicable law;
Amount to colluding with other players or hacking or engaging fraudulent malpractices or misconduct of any kind.
use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Platform or content thereof;
collect information about users for any illegal or unlawful purpose;
create any Account by automated means or under false or fraudulent pretences for using the Platform;
Use Virtual Private Network (VPN) or any other technology to access the Application from Restricted States/ Restricted Territory;
transmit any viruses, worms, defects, trojan horses, logic bombs or any items of a destructive nature through the Application;
use the Application 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 Application, or interfere with any other users’ use and enjoyment of the Platform;
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 Application; and/or
forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through Application Platform.
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 employees, agents, partners, affiliates, dealers and franchisees
If we detect any activity from your Account that is fraudulent, suspected to be defrauding the Application, or if you are found colluding or participating in any kind of fraudulent activity on the Application in any manner, then You shall be debarred from participating in any Game available on the Application.
You are only allowed to create one account on the Application and you agree to provide your KYC details as requested by us from time to time to confirm and verify your identity. In the event we discover that You have created multiple accounts or that multiple accounts have been created from a device, then we reserve the right to ban all such accounts and take other actions as we deem fit, including forfeiture of any amount in any of the wallets.
We reserve the right to deactivate or delete your Account and all related information on it and forfeit wallet balances in your Account, 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 Application, including in relation to any violation or claiming false chargebacks. Any such forfeiture of wallet balance made from your Account shall be made at our sole and absolute discretion and shall not result in any liability on us 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 our sole and absolute discretion and you shall not claim such right or any other recourse from us.
It is hereby clarified that the amounts once forfeited will not be refunded in any case, except at our sole discretion in the event we overturn your account ban.
9. Privacy Policy
Please read our Privacy Policy (available at www.fanizm.com) to understand our practices which govern your use of the Application/Platform/Services. Any information (including your personal information and/or sensitive personal data or information) provided by you on the Application will be collected, stored, processed, transferred or shared by us and our affiliates in accordance with our Privacy Policy. These Terms are deemed to incorporate the Privacy Policy in its entirety.
10. Responsible Gaming
We suggest that users adopt a balanced approach while engaging with any of the Games/Contests on the Application and safeguard themselves against any adverse effects.
It is your responsibility to always control your surroundings and movements when playing the Game to ensure that you don’t injure yourself, any other persons, damage any property etc. Any playing of the Games or entering into Contests is at your own risk and we shall not be liable for any death, injury or health complications resulting from Your use of the Platform/Application.
You shall abide by the Fairplay Policy available at www.fanizm.com. It shall be deemed to be a part of these Terms.
11. Community Guidelines
We want our Application and the Platform to be a safe and fun place to play online real money games. To facilitate this, we have established the following guidelines for participation in the community (“Community Guidelines”). These Community Guidelines apply to your each and every interaction on our Application, the Platform, and any online platforms used by Company to communicate, interact and engage with you and the community, including but not limited to the telegram group such as Rush App, Rush Insiders, Twitter accounts, Instagram profiles, YouTube channels, and similar platforms (“Social Media Avenues”).
You may NOT post content that is in relation to any of the following:
Threats, violence & harm
Threatens any person, and which is a threat of violence, physical or mental harm.
Promotes or encourages suicide or any other type of self-injury, including self-mutilation.
Promotes discrimination, hatred against any individual or group;
Includes nudity, gruesome crime or accident scenes, gory media related to death, serious injury, violence, or surgical procedures.
Content that is gratuitously shocking, sadistic, or excessively graphic, including with respect to animals.
Impersonation, spam & hacking
Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others.
Publishes or posts links to malicious content intended to damage or disrupt another person’s browser or computer.
Uses Platform for obtaining sensitive personal information, banking and credit card details, passwords etc.
Threatens to expose someone’s private information or threaten to hack or break into someone’s digital information.
Is abusive, or constitutes spam.
Harassment & Bullying
Is directed to an individual, including: profiles or posts that identify and shame individuals; images altered to degrade individuals; or photos or videos of physical bullying posted to shame the victim of such bullying.
Attacks a person or group on the basis of attributes such as race, religion, ethnic origin, sexual orientation, disability, or gender.
Depicts physical or psychological abuse involving minors.
Sexually Explicit Content, violence
Includes sexual harassment, sexual assault threats, sharing intimate material without consent, recording or distributing images of sexual assaults, cyber stalking, digital dating abuse and luring sexual trafficking victims.
Promotes or depicts violence towards children, including posting sexually explicit images/videos of children.
Breach of Third Party Rights
Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights.
Hate Speech & false information
Is defamatory, obscene or pornographic.
Is furtherance of illegal activities.
Is intended to deceive or mislead any of other(s) and endangers our trust-based community.
Terrorism & Illegal Activities
Promotes any organization which is engaged in terrorist activity, incites violence against others or organised criminal activity.
Seeks to use Company Sticker Chat for furtherance of any illegal activity or any activity that is in breach of Community Guidelines.
Disrespects national symbols, including national flag and national emblem.
Offers the purchase, sale, or trade of unlawfully acquired goods.
Offers, sells, trades, or solicits firearms, accessories, ammunition, explosive weapons, or instructions on how to manufacture them
Additional Rights/Compliances for Social Media Avenue:
User Compliance: Users are expected to comply with all internal rules, directions, guidelines, or instructions set by moderators, administrators, or individuals associated with Company (collectively the “Moderators”), whether explicitly communicated or implied. Failure to comply may result in removal or restrictions.
Moderation Rights: Moderators reserve the right to moderate and manage Social Media Avenues to ensure compliance with the established rules and guidelines of the Platform or the respective Social Media Avenue. Users must respect the decisions made by the administrators or moderators of these channels.
Account Suspension or Termination: Moderators may suspend or terminate the accounts of users who repeatedly violate the community guidelines or engage in activities that harm the community's experience or reputation.
If you do not agree with our Community Guidelines, you may delete your Account and/or not access, download and use the Application and/or the Services and any other Social Media Avenue.
In the event you wish to report any breach of our Community Guidelines, you may contact us at info@fanizm.com. We will review these reports to determine whether there is a violation of these guidelines and determine if any action needs to be taken, at our sole discretion.
Changes to Community Guidelines: Any changes in the Community Guidelines shall be posted on our website www.fanizm.com to reflect changes in the guidelines. You should periodically review this page for the latest information on our community guidelines. Once posted, those changes are effective immediately. Continued access or use of the Application and/or the Services constitutes your acceptance of the changes and the amended Community Guidelines.
Please take these guidelines seriously and honour them in the spirit in which they are intended. We’ll do our best to enforce them consistently and fairly. We reserve the right at all times (but will not have an obligation) to take down any content in breach of our Terms or Community Guidelines and to take any other actions as we deem fit including, suspending users or reclaiming usernames without liability to you.
12. Modifications in Service
We reserve the right at any time and from time to time to interrupt, restrict, modify or discontinue, temporarily or permanently, Application (or any part thereof) or any Service(s) or the Platform, including the mode of providing the Service, without any cause and/or without any notice to you. You agree that we or our affiliates will not be liable to you or to any third party for any modification, suspension or discontinuance of the Application or Services or the Platform.
13. Disclaimers
To the extent permitted under law, neither Company nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material. To the extent permitted under law, Company shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Company services or sites, cancellation of competition and prizes. Company disclaims any responsibility for, and if a User pays for access to one of Company's Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by Company's maintenance on the servers or the technology that underlies our sites, failures of Company's service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, Company does not provide any warranty as to the content on the Company(s). Company(s) content is distributed on an "as is, as available" basis.
Any material accessed, downloaded or otherwise obtained through Company is done at the User's discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User's computer system or loss of data that results from a User's download of any such material.
Company shall make best endeavours to ensure that the Company(s) is error-free and secure, however, neither Company nor any of its partners, licensors or associates makes any warranty that:
the Company(s) will meet Users' requirements,
Company(s) will be uninterrupted, timely, secure, or error free
the results that may be obtained from the use of Company(s) will be accurate or reliable; and
the quality of any products, Company Services, information, or other material that Users purchase or obtain through Company(s) will meet Users' expectations.
In case Company discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User's account, Company reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, Company agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
To the extent permitted under law, neither Company nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
Any Company Services, events or Contest(s) being hosted or provided, or intended to be hosted on Company 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 either not obtained or denied either before or after the availability of the relevant Company Services, events or Contest(s) are hosted or provided.
To the extent permitted under law, in the event of suspension or closure of any Services, events or Contests, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
14. Intellectual Property Rights
Company includes a combination of content created by Company, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all software underlying Company and the Company Platform and material published on Company, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by Company, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Company either in whole or in part without express written license from Company.
Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on Company ("Users' Content"). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User's Content and that no part of the User's Content infringes any third party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on Company. Users agree to indemnify and hold harmless Company, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Company, by such User or through the User's commissions or omissions.
Users hereby grant to Company and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license 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 Company
distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or
storing Users' Content in a remote database accessible by end users, for a charge.
This license shall apply to the distribution and the storage of Users' Content in any form, medium, or technology.
All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Company(s) belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Company.
15. Third Party Sites, Services and Products
Company may contain links to other Internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. Company does not exercise control over any Internet sites apart from Company and cannot be held responsible for any content residing in any third-party Internet site. Company's inclusion of third-party content or links to third-party Internet sites is not an endorsement by Company of such third-party Internet site.
Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users' correspondence, transactions and usage of the services/offers of such third party 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 the services/offers of such third party. User agrees that Company will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
Company contains content that is created by Company as well as content provided by third parties. Company does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the Company Services provided on Company including while participating in any of the contests hosted on Company.
16. Limitation of Liability
Users shall access the Company Services provided on Company voluntarily and at their own risk. Company 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 Company Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
By entering the contests and accessing the Company Services provided therein, Users hereby release from and agree to indemnify Company, 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 Company 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.
Company 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 Company Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Company Services, including provision of incorrect address or other personal details. Users also undertake to indemnify Company and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Company on account of such act on the part of the Users.
Users shall indemnify, defend, and hold Company harmless from any third party/entity/organization claims arising from or related to such User's engagement with the Company or participation in any Contest. In no event shall Company be liable to any User for acts or omissions arising out of or related to User's engagement with the Company or his/her participation in any Contest(s).
In consideration of Company allowing Users to access the Company 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 Company, 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 Company Services or related to the Contests or the prizes of the Contests.
17. Indemnification
You agree to indemnify, defend and hold harmless us and our subsidiaries, assignors, assignees affiliates, partners, owner(s) and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand, judgment, settlement or expense (including but not limited to attorney's fees) of any kind arising out of: (i) your access to or use of the Application and/or Services; (ii) any breach of these Terms, Privacy Policy; (iii) your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation. This clause shall survive termination of these Terms.
Notwithstanding anything otherwise provided, we reserve our rights, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, in which event you will fully cooperate with us in asserting any available defences in our discretion.
18. Force Majeure
We will not be liable to you for any eventuality caused directly or indirectly as a result of using Application or Services or the Platform(s), in case of any Force Majeure Event. A Force Majeure Event is defined as any act of God, wars or threat of war (declared or undeclared), insurrections, acts of terrorism, epidemic, pandemic, government actions (including but not limited to passage of any law, order), lockouts, civil unrest, demonstrations, real or potential labour disputes, any natural disaster, inability to obtain relevant authorisations or accident or defect in telecommunication network or any other act, affecting our ability to offer Services or Application or the Application and which are beyond our reasonable control. Force Majeure Event may render it difficult or impossible for us to continue to provide the Services on its Application or the Platform and we retain the right to suspend, limit or terminate the Platform/Application/Services until further notice.
19. Communications
We may communicate with you through email, SMS, telephone, by posting notifications on the Application (including push notifications) or any other means of communication. By using the Application, you consent to receive such communications from us including in relation to the Application and/or Services, your Account information or any updates/ changes to the Application/ Services and/ or other promotional or marketing communications from us.
We may allow you to use the Services to initiate SMS or text messages or other online communication to your friends, family, or other contacts. You are not required to send such text messages, however in case you do then you shall be solely responsible for them. You understand that standard text messaging and data rates may apply based on your plan with your mobile phone carrier. You also understand that we do not control the recipients, content, or timing of these text messages. If you choose to send any messages through the Services, you represent and warrant to us that the recipients of the messages have appropriately consented to receive the messages.
20. Feedback
We value any suggestions, ideas, comments, opinions, information, or other input provided by users of the Rush app through various channels, including but not limited to the app's feedback feature, social media avenues, email, surveys, customer support interactions, community forums, and any other means of communication (collectively the, “Feedback”).
By providing Feedback through the app, social media channels, email, or any other means of communication, users acknowledge and agree that Company has the right to utilize, analyze, reproduce, modify, adapt, publish, display, distribute, or incorporate their Feedback in any way deemed appropriate, without the need for further consent or compensation. This includes using the Feedback for promotional purposes, improving our Services and Platform, developing new features, enhancing user experiences, conducting market research, and other business-related activities. Users understand that any Feedback they provide becomes the exclusive property of Company, and they do not retain any proprietary or intellectual property rights over their Feedback.
21. Entire Agreement
You agree that these Terms read with Privacy Policy will constitute the complete agreement between you and us and supersedes any prior agreements, oral or written, and any other communications between you and us relating to the subject matter of these Terms.
22. Severability
If one or more provisions of these Terms are held to be unenforceable under applicable law(s), the remainder of these Terms will be valid and enforceable.
23. Waiver
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
23. Termination
Your access to the Application/Services/Platform may be terminated by us if:
a. You voluntarily uninstall the Application from your device;
b. You knowingly or unknowingly cause direct or indirect breach, as ascertained by us, of these Terms or Privacy Policy as a whole or in part; or
c. Your Account is inactive for more than 365 days;
d. we identify that the same User Details are being used under multiple accounts, then we at our sole discretion will terminate/deactivate the Account without the users’ consent any and all wallet balances will not be refunded
e. we are required to do so by law.
We may terminate this Agreement at any time, with or without notice and may disable your access to the Application and/or bar You from any future use of the Services.
You may terminate this agreement at any time by terminating Your access to the Application. However, certain obligations of yours under this agreement shall continue to prevail even on such termination.
When the Terms come to an end, all of the legal rights, obligations and liabilities that You and us 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.
24. Governing Law
These Terms and all issues and questions thereunder shall be governed and construed in accordance with the laws of India.
25. Dispute Resolution
The courts of competent jurisdiction at Mumbai, India shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Application or the Services provided by us, the construction, validity, interpretation and enforceability of these Terms, or your or our rights and obligations, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below.
In the event of any legal dispute (which may be a legal issue or question) which may arise, firstly 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 by a sole arbitrator who shall be appointed by us and whose decision shall be final and binding upon all the parties. 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.
Nothing contained in these Terms shall prevent us from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard our 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 our part to pursue any remedy for monetary damages through the arbitration described herein.
You agree that any cause of action arising out of Your use of the Platform/Services/Application 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.
26. Customer Support
In case where you have any queries pertaining to the Application or its Services or the Terms, you may contact our customer service at info@fanizm.com or you may alternatively also find the help and support page within our Application.
27. Grievance Officer
In case you have any complaints or grievance pertaining to (i) any User Content that you believe violates these Terms (other than an infringement of Intellectual Property Rights) for the reporting mechanism for such claims), (ii) your access to the Platform or (iii) any User Content which you believe is, prima facie, in the nature of any material which is obscene, defamatory towards the complainant or any person on whose behalf you are making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by writing to: info@fanizm.com.
In your complaint or grievance, please include the following information:
Your name and contact details: name, address, contact number and email address;
Your relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person;
The name and age of the person aggrieved or affected by the subject matter of the complaint, in case your are acting on behalf of such person and a statement, under penalty of perjury, that you are authorised to act on behalf of such person and to provide such person's personal information to us in relation to the complaint/grievance;
Description of the complaint or grievance with clear identification of the User Content in relation to which such complaint or grievance is made;
A statement that you believe, in good faith, that the User Content violates these Terms
A statement that the information provided in the complaint or grievance is accurate.
The Company respects the Intellectual Property Rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners. You are requested to send us a written notice/ intimation if you notice any act of infringement on the Platform, which must include the following information:
A clear identification of the copyrighted work allegedly infringed;
A clear identification of the allegedly infringing material on the Platform;
Your contact details: name, address, e-mail address and phone number;
A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Platform is not authorized by your agent or the law;
A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
Your signature or a signature of your authorized agent.
The aforesaid notices can be sent to the Company by email at info@fanizm.com.
On receiving such complaint, grievance or notice, the Company reserves the right to investigate and/or take such action as the Company may deem appropriate. The Company may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same.
The name and title of the Grievance Redressal Officer is as follows:
Name: Mr. Rahul
Email: rahul@fanizm.com
Address: 502, 5th Floor, Raheja Titanium, Geetanjali colony, Goregaon East, Mumbai 400063.
The Grievance Officer identified above pursuant to the provisions of applicable laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the Rules enacted under those laws.
The Company reserves the right to replace the Grievance Redressal Officer at its discretion through publication of the name and title of such replacement on the website, which replacement shall come into effect immediately upon publication.
28. Right to Take down
You understand and agree that we may takedown, delete or remove any content available on the Application or in relation to the Services at our sole discretion, without any notice to you, for any reason whatsoever including on account of your violation of these Terms or Privacy Policy or if required in accordance with applicable law (including but not limited to the Information Technology Act, 2000).
29. Forfeiture
We reserve the right to forfeit any account which we determine as - inactive, violative of intellectual property rights, violative of these Terms or Privacy Policy or misleading in nature.
30. Copyright Notice
If you believe in good faith that any content displayed or transmitted through the Application infringes your copyright, you may reach us at info@fanizm.com.
31. Rewards
The Application may have a separate tab for offering different types of rewards to the eligible users, including but not limited to the ones listed below. It is clarified that such rewards are in the nature of discounts. The User will be eligible to avail and utilize the discounts offered by the Company, subject to terms and conditions with respect to each of the discounts as communicated from time to time. We reserve the right to make modifications to the same or to completely remove this feature at any time. By participating in any of the rewards and contests below, you agree to be bound by these terms and conditions. Participation in any of the contests/rewards on the App is voluntary. Further, we reserve the right to determine the duration of the contests/rewards. You can reach out to us in case of any queries with respect to any of the contests/rewards at info@fanizm.com. Company shall address the queries only during which the relevant contest/rewards are live on the App.
It is hereby clarified that your eligibility or participation in case of any contest does not guarantee a reward and no reward can be claimed as a matter of right. In case of any disputes of any kind with respect to any contest/reward, Company’s decision will be final and binding. By participating in any contest/reward, you will be legally bound hereby, to release from liability, and hold harmless Company, and any of its affiliates, employees or agents representing or related to Company and its services/products.
In the event you win any reward, you agree that Company may use your name to declare you as a winner, at its sole discretion, but is not bound to do so. Company may use the above to promote any contest and any promotions, events, or contests to follow. You acknowledge that you will not receive any compensation, etc. for the use of such pictures, etc., and hereby release Company and/ or its affiliates and its agents and assigns from any and all claims which arise out of or are in any way connected with such use.
Different sets of rewards may be visible to different users based on the criteria determined by us. If any user violates these Terms, then he/she may be ineligible for participating in any contest/challenge and his/her reward may be forfeited by us without any prior notice.