Terms And Conditions
These terms and conditions (“Terms”) along with the other policies available on our website form a legally binding agreement between you (referred to as "User" or "Users" or “You” or “Your”) and Upsports Vision Private Limited (“Company / Platform”) concerning your access to and use of the http. https://bazigar.in website; and the BAZIGAR game as well as any other Services, media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site" and the “Game”).
Please read these Terms carefully before you use the Platform. If you do not agree to these Terms, you may not use the Platform. By merely using the Platform, you shall be contracting with us and you signify your acceptance to these Terms and other Company policies (including but not limited to the Privacy Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you use the Platform, and creates a legally binding arrangement to abide by the same.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of this website.
We reserve the right, at our sole discretion, to make changes or modifications to the Terms of Use at any time and for any reason. We shall alert you of any changes in the Terms of Use within 24 (twenty-four) hours of effecting any change by way of sending you an email to the registered email address or posting notifications in your account. You may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms, rules, regulations, and terms of use referred to herein or provided by Company. If such options to indicate non-acceptance is not exercised within the time frame prescribed in the email or notification, you shall be deemed to have accepted the modified Terms, rules, regulations, and terms of use referred to herein or provided by Company.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.
1. SERVICES
1.1. Subject to the Users compliance with these Terms, Company gives Users a personal, royalty-free, non-assignable, non-sublicensable, non-transferable, non-exclusive, and revocable limited right to access and use the Platform for playing Games of skill that is provided as part of the services (“Services”).
1.2. This right is for the sole purpose of enabling the own personal private use from Users to play Games of skill as hosted on the Platform, in the manner prescribed under these Terms and not for any commercial purposes, in India and only until the User is bound by these Terms. The Platform facilitates playing game of skill among the Users in the manner prescribed under these Terms.
1.3. The games being offered are Classic Tetris, Tetris Neo, Jungle Snake, Desert Snake, Snow Snake, Solitaire One Card and Solitaire Three Cards (“Games”). The list of games may continue to be updated from time to time.
2. USER REGISTRATION
2.1. To use the Platform and play the Game, a User shall be required to register on the Platform. You shall not be authorized to play the Game until you have been granted an Account (defined below).
2.2. If you wish to become a registered User, you will need to create an account (‘Account’) on our Platform. Each User is only permitted to open one Account.
2.3. In order to apply for an Account, the Company may require you to register by completing a form and providing certain details, at various points of registration. You shall be required to provide the information in accordance with the instructions on the Platform. The details that may be requested shall include but shall not be limited to the following:
● Mobile Number
● Name
● Password
● Address
● Date of Birth
● Bank Account Number
● Permanent Account Number Card (PAN Card)
● Government-issued Identity Documents (for know your customer checks)
● Location
● Profile Picture
● Email Address
● State
2.4. To register, You need to provide your mobile number for verification purposes and verify such mobile number using a one-time passcode (OTP) sent to your mobile number. Permission to open the Account shall be determined by Company or its representatives, at their sole discretion.
2.5. We may refuse to grant an application for an Account made by any person without giving a reason for such refusal. You agree and acknowledge that the decision of Company in this regard shall be final.
2.6. We may require additional identity verification procedures used to ensure that we can verify the identity of Users transacting with each other and assist our payment service providers corroborate the results of these know-your-customer verification checks with the identity of our customers (collectively ‘KYC’ checks) as per the legal requirements under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the amendments made to the same thereunder. You understand and submit to such KYC checks, and agree and consent to supply and provide your personal information and documents to evidence proof of identity and address, as may be required to conduct and complete such KYC checks.
2.7. You agree to provide true, accurate, current, and complete information at the time of registration and at all other times (as required by Company). You agree to update and keep updated all information provided for the purposes of registration. You undertake and agree that all information provided by you from time to time is true, accurate, current, and complete to your personal knowledge. You shall be liable for any inaccurate information provided in relation to address and residential status. You agree to compensate and indemnify the Company for any consequences due to inaccurate information or breach of the Terms.
2.8. You must not be a resident of any Restricted Territories (as hereinafter defined) to participate in any Games on the Platform
3. ELIGIBILITY
3.1. You must be over 18 years of age and a resident of India to access and/or use our Platform and create an Account with us. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or blocked from using the Platform; and (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.
3.2. You must not be a resident of any Restricted Territories (as hereinafter defined) to participate in any Games on the Platform. We reserve the right to request proof of identity at any stage to verify that minors are not using the Platform and we may exclude a person from accessing or using the Platform if proof of identity is not provided or if Company suspects that a person is under the age of 18 years. Parents and guardians should monitor their children’s / ward’s online activities and consider using parental control tools available from online services that help provide a child an amicable online environment. These tools can also prevent children from disclosing any personal information without parental permission.
3.3. No person, whether an employee of Company or not, who is or was involved in the development of Games or/and algorithms on the Platform shall participate in the Games on the Platform, where such participation could alter, modify or unduly influence their performance with respect to the Games, without express written permission of Company and subject to such terms and conditions as Company may seek to impose on such person.
4. CREATION OF ACCOUNT AND USE OF THE PLATFORM
4.1. Upon grant of the Account by us, your Account will be created, and you will be able to use our Platform, access the Service(s) and play the Game(s) hosted by us. You agree and acknowledge that such Account can be terminated by us by giving notice to you, for any reason deemed fit by Company in its sole discretion.
4.2. You represent and warrant to us that, throughout the course of your usage of our Platform, you will not permit other persons to access or use your Account. The Platform shall not be responsible for usage of the User Account by any other person. The User login credentials for the Account shall be under the sole control of the User and User shall be responsible for any unauthorized use. Any other persons accessing or using your Account, you shall be responsible to any consequences. You further agree and accept that you shall not access or use the Platform through the Account of another User. You shall take all steps to prevent unauthorized use of the Account and shall be responsible for all the actions emanating from the User Account. Platform shall not responsible to compensate or indemnify the User.
4.3. Users are prohibited from operating multiple accounts. Company reserves the right to terminate or suspend multiple accounts opened by the User. Operating multiple accounts by User is a breach of the Terms and liable for penalty, damages and compensation from the User. If it comes to the knowledge of Company that a User is operating multiple accounts, in such case, Company reserves the right to restrict, ban, suspend or terminate such User’s Accounts, at its sole and absolute discretion and without any notice. Any cash or credit balances in such User’s Accounts is liable to be forfeited at the sole discretion of Company, depending on whether such Accounts are aliases or Accounts associated with actual or potential frauds.
4.4. You acknowledge that your participation in any Game(s) available on the Platform is purely voluntary and at your sole discretion and risk. You acknowledge the requirement of skill in playing the Game(s). You acknowledge to read the Terms, rules and regulation, FAQ, and familiarize with nature of the Games(s), formats before participating in the same.
5. Restricted Territory. Platform not offered in Andhra Pradesh, Meghalaya, Nagaland, Telangana, Sikkim and outside India
5.1. Company may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Game(s). Currently, individuals residing in the Indian states of [Andhra Pradesh, Meghalaya, Nagaland, Telangana, Sikkim and outside India] are not allowed to participate in the paid versions of the Game(s) as the laws of these states bar persons from participating in games of skill where Users are required to pay to enter. Access to the Platform will therefore be restricted from being accessed by the Users from such states.
5.2. You agree, acknowledge and give permission to use certain technologies for monitoring of activities including logging of your IP address to ascertain and verify your geographical location.
5.3. Company does not allow the Users residing in the aforesaid Indian states or outside the territory of India to play with real money or deposit amounts to play Games on the Platform. Users agree and acknowledge that if a person residing in such Indian state becomes a User by giving false information, the liability shall be solely on the User and Company reserves the right to delete/remove such Account without any notice and such User shall not have any right to redeem or demand the Account balance of such Account.
5.4. You agree and accept that Company shall not be liable or responsible for the breach of applicable state laws by any User. There may be applicable penalties imposed on such Users by the respective State Governments or the Central Government of India as the case may be.
5.5. Users from all Indian states have to always ensure that they are complying with the applicable state laws and we will attempt to post any changes that we seem appropriate to better educate the Users. You agree and acknowledge that our decision in this regard will be final and binding, and no consideration whatsoever will be extended to the User.
6. PAYMENT TERMS
6.1. In respect of any transactions entered into on the Platform for playing Games (including making a payment to participate in the paid versions of the Games), Users agree to be bound by the following payment terms when participating in any of the Games:
6.1.1. Pre-designated platform fee (“Platform Fee”) (for each kind of game hosted by the Company, as described within the Games) for access to the Platform. Such Platform Fee is inclusive of applicable Goods and Services Tax (GST); and
6.1.2. Designated Amount towards Prize Money Pool of the Games as stipulated by the Company, which will be passed on to the winner(s) of the Games after its completion as per the terms and conditions thereto.
6.2. The Company shall hold the Prize Money Pool in trust during the Games to be played by and amongst the Users.
6.3. In respect of any transactions entered into on the Platform, including making a payment to participate in the Games, the Users agree to be bound by the following payment terms:
6.3.1. Subject to these Terms, all amounts collected from the User are held in trust in a separate escrow Account. The said accounts are operated in accordance with these Terms.
6.3.2. From these Escrow accounts, the Company may make payments to/for:
(i) Users (towards their withdrawals of Winnings subject to applicable taxes) in accordance with the Games’ specific Rules and Regulations;
(ii) The company (towards Platform Fee); and
(iii) Taxes as applicable on Users (towards applicable TDS on Gains (defined at Clause 7.13) and GST on Platform Fee).
6.3.3. The Company receives only its share of the Platform Fee and has no control over the Prize Money Pool held in the escrow account.
6.3.4. The Company reserves the right to charge a Platform Fee, which would be specified and notified by it, at any time during or prior to a User’s use of the Platform. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s Balance. The Platform Fee may vary depending on factors such as number of Users, eligibility criteria, ranking, server load, etc. but in all cases, the Platform Fee would be determined and communicated to the User before the commencement of the Games.
7. WITHDRAWALS AND WINNINGS
7.1. In terms of the rules of the Games, Winnings would be announced to the Users after the completion of the Games and would be credited to the Winnings Balance (defined below) by the Company.
7.2. The Users are eligible to withdraw the Winnings from the Winnings Balance to their respective bank account once it is verified that the name on the User’s PAN card matches with that on their bank statement. The Users shall provide the bank account details in state of residence. Withdrawal is not permitted to bank accounts located in Restrictive States.
7.3. The Users can withdraw a minimum of INR 100 from their Winning Balance. Any request lower than INR 100 will not be accepted. The Company reserves the right to revise this limit at any point of time.
7.4. The Users can withdraw a maximum of INR 10,000 in a given day through the Platform.
7.5. Please ensure your bank account/UPI ID is active, failing which, we/payment system partners/banks may be unable to process the withdrawal.
7.6. In case of withdrawal through a bank account or UPI, please ensure that the name on your KYC document matches/is the same as the name of the account holder submitted for withdrawing the Winnings. In the event the name on the KYC document does not match with the account holder’s name, the same shall be considered invalid. In such an event, you may retry adding your bank account details/UPI ID to ensure the name matches with the name on your KYC document.
7.7. KYC verification is mandatory as a proof of identity for making withdrawals from your Balance to your bank account. KYC verification may be done through the Platform by providing certain details: (i) photograph of a valid government ID (Aadhaar card, address proof along with PAN card, etc.); and (ii) other User details.
7.8. The Company may scrutinize all documents submitted and may, at its sole and absolute discretion, disqualify any winner from withdrawing his accumulated Winnings (or any part thereof) on the following grounds:
7.8.1. Determination by The Company that any document or information submitted by the User is incorrect, misleading, false, fabricated, incomplete or illegible; or
7.8.2. User does not fulfil the eligibility criteria; or
7.8.3. Any other ground as reasonably determined by The Company.
7.9. The User represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate.
7.10. The Users are required to provide proper and complete details at the time of registration. The Companys shall not be responsible for communications errors, commissions or omissions including those of the Users due to which the results may not be communicated to the winner.
7.11. All the winners would be notified within the Platform about the result of the Games in which they participated. If the winner has provided their email address and enabled email notifications, the results would also be notified via email by The Company. As a general practice, winners will be required to provide their bank account details and self-attested photocopy of the User’s PAN card prior to raising a withdrawal request.
7.12. In the event that a User has been declared a winner on the Platform but has not received any communication from the Company or if the User has any query regarding the result of the Games, such User may contact the Company within twenty-four (24) hours of the completion of such Games. Any communication received after twenty-four (24) hours shall not be entertained by the Company.
7.13. Notwithstanding any other provisions, in cases where any amount in excess of the Winnings is credited to the Users Account, the User hereby undertakes, agrees, and authorizes the Company to have the right to reclaim, impose lien and freeze the Account of the User until the amount is re-clamed.
7.14. We reserve the right to deduct withholding tax under the applicable provision of the Income Tax Act, 1961 on any amounts that become due, payable or paid to you. In case we believe that any such withholding tax is applicable, you agree that we can deduct and deposit the tax and/or any interest/penalty with the Government treasury and debit the amount from your Balance. You also agree to remit to us on demand any additional funds if required to discharge any such liability.
7.15. You represent and warrant to us that you are not in the business or profession of gaming or playing games, and that any incentive received by you in form of discount, bonus money, cashback, etc. from us is not arising from any business or exercising of a profession of gaming or playing games by you, for the purposes of section 194R of the Income Tax Act, 1961.
7.16. The decision of the Company with respect to the awarding of Winnings shall be final, binding and non-contestable.
7.17. To the extent permitted by law, the Company makes no representations or warranties as to the quality, suitability or merchantability of any Winnings and shall not be liable in respect of the same.
7.18. The Companys may, at their sole and absolute discretion, vary or modify the Winnings. Users shall not raise any claim against The Companys or question its right to modify such Winnings being offered, prior and after the closure of the Games.
7.19. All Winnings are non-transferable.
8. BALANCES
8.1. Any User accessing the Platform is provided with the following categories of Balance for the processing and reconciliation of payments:
8.1.1. Deposit Balance – This shall comprise of the Deposit made by the User through any of the payment modes available on the Platform. The User shall deposit money in the Deposit Balance to play the Games. Amounts deposited in this Balance cannot be withdrawn and can only be utilised for playing the Games.
8.1.2. Winnings Balance – This shall comprise of the money won by the Users by winning the Games. The money from this Balance can be withdrawn after applicable tax deduction and subject to KYC checks as maybe required.
8.1.3. Bonus Balance - This shall comprise of the bonus amount provided by the Company at their discretion basis the performance of the player and any other contest/scheme/tournament that the Company may decided from time to time. The bonus amount credited to the bonus wallet of a customer can only be utilized for playing the game and cannot be withdrawn.
9. REFUND POLICY
9.1. Where any of the Games are cancelled or abandoned without an official result, all game entries shall be considered void and all payments made for participation in those Games shall be duly refunded to the User.
9.2. In an event there is an error in accessing the Games hosted by us, we may, at our sole and absolute discretion, refund the Designated Amount paid, provided the reasons are genuine and proved after investigation by us.
9.3. We do not cancel participations once the Designated Amount has been paid and the User has consented to participate in the Games. However, in case of exceptional circumstances wherein the fault may lie with the payment gateway or at our end, we may cancel your participation on request and refund the Designated Amount to you within a reasonable period of time.
9.4. In case we cancel your participation in any of the Games as a result of this, we will return your Designated Amount to you within a reasonable period of time to your Balance for you to redeem the same by playing Games on the Platform.
9.5. Refund request can be processed only for the transactions/deposits/payments made within last 7 days.
9.6. Refund request cannot be raise if participated in any of the tournament after the deposit is made. OR
If you use the deposited amount to play any of our paid games, the refund would be automatically canceled.
9.7. Refund will be made only after applicable GST deduction following the GST norms as per gov. Rules. OR
The GST amount deducted cannot be refunded and you shall be refunded the balance amount of your deposit value.
Eg: When you deposit Rs. 100, there will be a GST deduction of Rs. 22 and the net deposit amount will be Rs. 78. Hence when a refund is raised, we will be able to process only the net deposit amount (which is Rs.78 in this case) and the GST amount cannot be refunded.
9.8. If your refund request is approved, we will initiate a refund to the players original method of payment within 7 working days.
10. GAME OF SKILL
10.1. All the Games hosted on the Platform are games of skill as success depends primarily on the skill of the User.
10.2. Users acknowledge that the Games hosted on the Platform are games of skill under Indian law, and that we do not support, endorse, or offer to Users any game of chance. While games of skill do not have a comprehensive definition, they are considered to be those games where the impact of a player’s effort and skill on the outcome of a game is higher than the impact of luck on the outcome of a game.
10.3. The Games hosted on the Platform are games of skill, as the outcome/success in the game is directly dependent on the Users’ effort, performance and skill. The Supreme Court of India in the cases of the State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. the 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.
10.4. The Company reserves the right to monitor all activities from the User’s Account on the Platform. If any User participates in any of the Games in violation of Applicable Law, The Company reserves the right to cooperate with law enforcement agencies of the relevant State and report such participation or suspicious activity along with all relevant details of the concerned User. The Users based out of Restrictive States that are not permitted under Applicable Law to participate in specific or all Games hosted on the Platform and shall not be permitted to connect to the Games or Platform by breaching security measures placed by The Company, including without limitation through a virtual private network.
11. USER CONDUCT
11.1. In accessing or using our Platform you agree that you will not share any information that on the Platform that:
a) belongs to another person and to which you do not have any right;
b) is obscene, pornographic, pedophilic invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence or causes user harm;
c) is harmful to child;
d) infringes any patent, trademark, copyright or other proprietary rights;
e) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicated any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry my specify from time to time;
f) impersonate another person;
g) 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 cognizable offence, or prevents investigation of any offence, or is insulting other nation;
h) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
i) violated any law;
j) is in the nature of advertisement or surrogate advertisement or promotion of activities that are in the nature of betting or gambling.
11.2. We deeply understand the psychological distress that abusive content can have on individuals, and we do not tolerate abusive content or behaviour on our platform. Users should feel safe to express themselves responsibly without fear of being shamed, humiliated, bullied, or harassed. No User shall:
a) promote violence against or directly attack or threaten other Users, especially on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability or serious disease. Users inciting harm towards other Users would be suspended;
b) choose a username, display name or profile info which may result in targeted harassment or expressing hate towards a person, a group, or a protected category;
c) use hateful images or symbols in your profile image or profile header;
d) use abusive language or share other Users’ personal or sensitive information;
e) threaten or incite violence;
f) upload content with the intent to shame, deceive or insult a minor;
g) upload content that wishes death, serious disease, physical, or other harm on an individual;
h) upload content that praises violent tragedies and disparages their victims;
i) post an individual’s non-public personal identifying information like a phone number, home address, or email to direct abusive attention or traffic toward them; or
j) stalk or attempt to blackmail other Users.
11.3. Any User found violating any of the above policies shall be barred from the Platform and the Account shall be suspended, at the sole discretion of the Company.
12. DISCONNECTION AND TECHNICAL ISSUES
12.1. You understand and acknowledge that once a game has commenced, not being able to play due to slow internet connections, faulty hardware, technical failure due to customer’s hardware, internet connection failure, low computer configuration or for any other reason not attributable to us does not require us to issue a refund of the participation amount you may have paid for participation.
12.2. In case of any technical failures, server crashes, breakdowns, software defects, disruption or malfunction of service at our end, as a policy, we will cancel the Game(s) and you accept that we are not responsible to you in all such cases. For any game, we have the right to cancel. In no case, other than a server crash, are we accountable for any of the User’s disconnections from the server. We are also not liable for any prospective Winnings from any incomplete game.
12.3. We do not hold any liability to any disconnection, lag, freeze or interference in network on the User’s computer or any other external networks.
13. INTELLECTUAL PROPERTY RIGHTS OF THE PLATFORM
Unless otherwise indicated, the Site and the Game are our proprietary property and all source codes, database, functionality, software, website designs, audios, videos, texts, photographs, and graphics on the Site, the Game and all other associating functions (collectively, the “Content") and trademarks, service marks and logos contained therein (the “Marks") are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of relevant jurisdictions and international conventions. Except as expressly provided in the Terms of Use, no part of the Site, the Game and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site and the Game, you are granted a limited license to access and use the Site and the Game or to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Game, the Content, and the Marks.
14. PREVENTION OF COLLUSION AND FRAUD
14.1. We are committed to promoting fair play on our Platform.
14.2. Our compliance team will track game play of all Users and strict action will be taken against any User(s) caught colluding. By agreeing to these Terms, you agree not to indulge in any unfair game practice that may provide undue advantage to you or any other User.
14.3. In the event any User is found undertaking such activity on the Platform, Company shall be entitled, at its sole and absolute discretion, to suspend or terminate such User’s account. Company reserves the right to permanently block the account of the User involved in such activity.
14.4. We reserve the right to withhold any necessary action, as it deems fit, against Users found indulging in unfair means. The action could include, inter alia, monetary penalties, temporary account suspension, redemption blocking and/or permanent account deactivation. Any User involved in violation of these Terms is liable for prosecution.
15. LIMITATION OF LIABILITY
15.1. You understand and agree that we, our subsidiaries, affiliates, and licensors will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages which you may incur, howsoever caused and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages.
15.2. You agree that our total, aggregate liability to you for any and all claims arising out of or relating to these terms or your access to or use of (or your inability to access or use) any portion of the app, whether in contract, tort, strict liability, or any other legal theory, is limited to the greater of the amounts you actually paid us under these terms in the 12 month period preceding the date the claim arose.
15.3. You acknowledge and agree that we have made the Site available to you and entered into these terms in reliance upon the warranty disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between the parties and form an essential basis of the bargain between us. we would not be able to provide the app to you without these limitations.
16. TERMINATION
16.1. You may terminate these Terms at any time by canceling your account on the Site and discontinuing your access to and use of the Site. You will not receive any refunds if you cancel your account, or otherwise terminate these Terms.
16.2. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the Site. You agree that any suspension or termination of your access to the Site may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. You will not receive any refunds in case of breach of the Terms or we terminate the agreement.
16.3. If we terminate these Terms or suspend or terminate your access to or use of the Site due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Site or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.
16.4. You acknowledge that your representations, undertakings, and warranties and the clauses relating to limitation of liability, governing law and jurisdiction, confidentiality shall survive the efflux of time and the termination of these Terms.
17. GRIEVANCE REDRESSAL
17.1. In case you have any grievances with respect to the Platform or the Services, You can send us an email to the grievance officer at admin@upsports.in (hereinafter referred to as Nodal Officer and Grievance Officer). We reserve the right to replace the Nodal Officer at any time without any notice or intimation to you. You can directly escalate any disputes to our management team by contacting the Nodal Officer.
17.2. Subject to the clauses below, the courts of competent jurisdiction at Nagpur shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with the Platform provided by Company (including the games, construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the Users), as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of India.
17.3. In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification (Notification) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
17.4. The seat and venue of arbitration shall be Nagpur, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The parties shall mutually appoint a sole arbitrator.
17.5. The arbitration award will be final and binding on the parties, and each party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise.
17.6. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts of Nagpur. The arbitrator shall give a reasoned award.
17.7. Nothing contained in these Terms shall prevent Company from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard its 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 courts of competent jurisdiction at Nagpur to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Company to pursue any remedy for monetary damages through the arbitration described herein.
18. DISCLAIMER
18.1. Company disclaims any and all warranties, expressed or implied, in connection with the underlying software of the Platform, the Site and the Game, all of which are provided to the User as is.
18.2. You agree that use of the Services and the access to the Platform is at Your own risk. The Services including the Platform, the Content, the Games and any other materials contained on or provided through the Platform are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, Company does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses, malware or other harmful components, accurate, error free or reliable.
18.3. No person affiliated or claiming affiliation with the Platform has authority to extend such warranties.
18.4. Without limiting the generality of the foregoing, to the maximum extent permitted by applicable law, we shall have no liability for any damages or injury caused, in whole or in part, by contingencies or issues beyond our reasonable control, including, but not limited to: the acts of third parties, errors in the Content or the Platform, network failures, internet failures, software and hardware failures, viruses and other system attacks, labor stoppages, riots, acts of government or god, natural disasters, acts of terrorism, communication line failure, or theft, destruction of, unauthorized access to, alteration of or use of records.
18.5. To the maximum extent permitted by applicable law, you hereby agree that you shall have no remedy in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
18.6. The foregoing limitations shall apply regardless of whether (i) liability or damage is alleged for breach of contract, tortious behaviour, negligence, or under any other theory or cause of action, and/or (ii) the party against which liability or damages is sought was advised of the possibility thereof. For the avoidance of doubt, nothing in these Terms shall limit or exclude liability for (i) death or personal injury caused by negligence; or (ii) fraud.
18.7. To the maximum extent permitted by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, the Platform, or any part thereof, must be asserted within one (1) year after such claim or cause of action arose, or it shall be forever barred.
18.8. You agree and acknowledge that Company does not promise or ensure that you will be able to access your Account whenever you want. It is entirely possible that you may not be able to access your Account or the Platform provided by Company at times or for extended periods of time due to, but not limited to system maintenance and updates.
18.9. You will be solely responsible for any delay and/or damage to your computer systems or loss of data that results from the installation of any software on your computer and we expressly disclaim liability for any such failure and/or delay.
18.10. You agree to assume the entire risk as to the results and performance of any software and/or Game(s) availed by you on the Platform. As such, the result and performance among other things depends on your internet connection and hardware. You also assume the entire cost of all servicing, repair and/or correction of your hardware when you access, download or execute software or Game(s) available on the Platform. We explicitly disclaim liability for any delay or failure to perform resulting from installation of any software on your computer.
18.11. You specifically acknowledge, agree and accept that we are not liable to you for: (i) the defamatory, offensive or illegal conduct of any other User or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another User or otherwise; (ii) any loss whatsoever arising from the use, abuse or misuse of your Account on our Platform; (iii) any loss incurred in transmitting information from you to our Platform by the Internet or by other connecting media; (iv) any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communications’ lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Platform; (v) the accuracy, completeness or currency of any information services provided or any statistics shown on the Platform.
19. PRIVACY POLICY
All information collected from the Users, is subject to the Company’s Privacy Policy (“Privacy Policy”) which is available at https://bazigar.in/privacy-policy.
