Terms and Conditions

Background

  1. The Appa Cricket website (www.Appacricket.com) (“Website”)— which include all of the text, images, audio, code and other material such as graphics, logos, designs, photographs, button icons, images, video clips, digital downloads, data compilations etc. (collectively, the “Content”) - and all of the features, Games (defined below) and other services they display and provide are owned and operated by Appacricket, incorporated under the provisions of the Maharashtra Shops & Establishment Act, 1948.
  2. The Website and the app are collectively referred to as the “Platform”. These terms and conditions of usage (“Terms of Use”) govern Your (defined below) use of the Website. By using the Website in any way or merely browsing/visiting the Website, or by using any Content or information provided as part of the Website, You shall be deemed to have read, understood, accepted and agreed to:
    (i) be bound by these Terms of Use;
    (ii) the rules of each Game made available through the Platform, which can be found in the respective online guides (“How To Play”); and
    (iii) the collection, use, disclosure and other handling of information as described in our Privacy Policy available on the Platform. If You do not agree to all the Terms of Use, then You may not access or use the Platform.
  3. For these Terms of Use, wherever the context so requires "You", “Your”, “Yourself” or “User” shall mean any natural person who is an Indian resident not residing in either Odisha, Assam, Telangana, Nagaland or Sikkim and aged 18 (Eighteen) years or above, who accesses and uses the Platform in India. The term “We”, “Us” or “Our” shall mean the Company, its employees, and authorised agents that perform any services on the Company’s behalf.
  4. We reserve the right to make changes to these Terms of Use at any time. The Company shall not be required to notify You, whether as a registered User or not, of any changes made to the Terms of Use. Any such modifications will become effective immediately upon posting to the Platform. You shall be responsible for reviewing and becoming familiar with any such modifications. We may also, in our sole discretion, notify you of such modifications, by contacting you through the registered email address associated with Your Account. Use of the Platform by You after any modification to the Terms of Use, constitutes Your acceptance of the Terms of Use as modified. You are requested to regularly visit the homepage to view the most current Terms of Use. You can determine when the Company last modified the Terms of Use by referring to the “Last Updated” legend above. The Company may require You to provide Your consent to the updated Terms of Use in a specified manner prior to any further use of the Platform. If no such separate consent is sought, Your continued use of the Platform, following the changes to the Terms of Use, will constitute Your acceptance of those changes.

Game Rules
  1. Through the Website, the Company provides services to the Users with an opportunity to participate in real time sports-based online fantasy games (“Games”).
  2. Users wishing to participate in the Games ("Participants") are invited to create their own fantasy teams ("Team/s") consisting of real life sports-persons involved in real-life sports match/matches, series or tournament (each a “Sporting Event”) to which the Game relates. Each Participant shall form his/her Team in accordance with the conditions and limitations imposed in the How To Play.
  3. The Participant may decide to use his/her Team to compete with other Participant Teams by joining a league (“League”). The number of Teams allowed in the League, entry fee for joining the League and the number of Winners (defined below) in the League will be communicated by the Website at the time of joining the League.
  4. Teams are awarded points on the basis of the real-life sports-persons’ performances at the end of a Sporting Event. The points system for each Sporting Event will be declared on the Website before the Sporting Event starts. Participants will compete against fellow Participants and the Team which has achieved the highest aggregate points within the Sporting Event shall be declared as the winner (“Winners”) of the League.
  5. The rules for each of the Sporting Event may differ and hence Users are expected to visit the How To Play section on the Website from time to time and have assumed to have agreed to the rules before joining any League

Registration
  • All the Participants are required to provide current, complete and accurate information about their Full Name, E-mail address, Password, Mobile Number, Gender, State of Residence and Date of Birth to register and create a valid account with the Website
  • The Participants are responsible to maintain the confidentiality of the data provided at the time of registration and are advised to not disclose this information to any third party.
  • All Participants are allowed to have only one account and if it is found that an individual has registered through multiple accounts, Company reserves the right to terminate or suspend any or all such accounts held by the user
  • If the user realises that any unauthorized person is using their account without their permission, they may immediately contact Company regarding the same
  • Participants are advised to refrain from using any User Name that may be offensive, contains any sexual content or promotes any commercial venture

Unfair/Improper practices
  • The Company reserves the right to disqualify any Participant and/or his/her Team from the different Leagues the Participant has enrolled into if You engage in any unfair/improper practices which may increase your chance of winning over other fellow Participants. Also, depending on the unfair/improper practise followed by the Participant from case to case, the Company may decide to block the users account from the Website and may not be allowed to re-register himself/herself in future.
  • The Participants are expected to use the Website only for the gaming purpose and a user is not allowed to use the Website/contents of the Website for any form of gambling prohibited by the law.

Eligibility
  • In order to register and have an active account with the Website, every user should be of the age of 18 years or above
  • The registration and participation on the website is open only to residents of India except the individuals residing in the states of Odisha, Assam, Telangana, Nagaland and Sikkim
  • Any employee of Appa Cricket or any authorized agent who performs services on behalf of Appa Cricket, shall not be eligible for registering or participating in any of the games on the Website

Limitation of Liability
  • By agreeing to the Terms of Use you hereby take full responsibility for the complete use of the Website
  • Also, you acknowledge and agree that any exchange of information between You & the Company may be intercepted by an unauthorized party. You acknowledge and agree that You are willing to use the Website at your own risk and the Company in no way is responsible for the loss/theft/misuse of personal information and/or money deposited in Our account

Game of Skill
  • The Supreme Court of India (“SC”) has interpreted the words “mere skill” to include games which are preponderantly of skill and have laid down that
    (i) the competitions where success depends on substantial degree of skill will not fall into category of ‘gambling’; and
    (ii) despite there being an element of chance, if a game is preponderantly a game of skill, it would nevertheless be a game of “mere skill”. Whether a game is of chance or skill is a question of fact to be decided on the facts and circumstances of each case
  • The success in the Games on the Website is majorly dependent on the skill and knowledge of the user about the game of cricket and awareness of the statistics on the performance of the players. This makes all the Games on the Website as game of skill and every user participating in any of the games shall be deemed to be participating in a game of skill

Calculation of Fantasy points
  • The point system to be followed for the Game will be put up on the Website under Point System section. Participants are requested to refer the point scoring section for each match before making their teams
  • The point system may differ from Game to Game and the users are expected to understand the point system by themselves before joining any Game. Also the Website hold the right to alter the point system from time to time without any prior intimation to the users to make the Game more exciting and evenly balanced across the different skill sets of the Game

Participation Policy
  • The minimum number of Participants required to make each League functional under all the games shall be pre-decided and if the participation in that League is below the minimum number of users required, then such a League may be cancelled and in the event of cancellation the participation fee shall be returned to the User
  • Participants who wish to participate in the paid Leagues need to deposit money into their account first and then may use this amount to join any number of paid Leagues

Winners and Prizes
  • Minimum Money you can request to withdraw is Rs 200.
  • Only winning amount is eligible for withdraw.
  • Winners of each of the Leagues would be announced within twelve hours of completion of the match on the Website
  • Additionally, an email notification may be sent on the registered email id of the user after the completion of each of the match indicating the points that the Participant’s Team has earned in the match along with his/her ranking in the League
  • The list of winners along with their registered full name and their user name shall be posted on the Website for each of the Leagues
  • The winning amount for all the participants who have won in the paid leagues would be credited to the account of the respective user
  • The final amount that is credited to the account of the winners shall be post deducting administrative, maintenance & service charges of the Website, fees and charges of the other service providers that are involved in the payment process and other applicable taxes
  • In cases where there are more than one participant with equal number of points and all of them have met the winning criteria or the standings indicate that they are among the winning ranks as per the requirements of a particular league then in such a case, the final winning amount after all the applicable deductions would be equally divided among all such participants who have scored the equal number of points
  • Leagues in which the wining prize is a gift voucher, it would be sent via an email on the registered email ids of all the winners of that League
  • No request for substitution or transfer of a prize shall be entertained by the Company. Where the Winner requests the Company to transfer the cash prizes to his bank account, the same will be disbursed ONLY to Winners who are account holders with a bank in India via an electronic funds transfer. The Company shall NEITHER physically mail the cheque containing the prize money to the Winner’s postal address NOR shall the Company hand over cash to the Winner through any other means. All taxes associated with the receipt or use of any prize are the sole responsibility of the Winner. In the event that the awarding of any prizes to Winners of the Game is challenged by any Authority, the Company reserves the right, in its sole discretion, to determine whether or not to award or adjust such prizes, which shall be in compliance with the Applicable Law.
  • In all disputes arising out of the determination of the Winner(s) of the Game(s), the Company is the sole judge and its actions are final and binding on all the Participants.
  • Amount added (deposite) in wallet are eligible to use in legues but not eligible for withdraw
  • All prizes shall be subject to deduction of tax at source (“TDS”) as per the provisions of the Income Tax Act, 1961. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other tax/ cess/ surcharge under the Applicable Law, including but not limited to, gift tax, etc. in respect of the prizes.

Copyright and Trademark
  • The Company is the sole owner of all right, title, and interest in and to the “Appa Cricket” trademark.
  • www.Appacricket.com is a domain name registered in the name or owner of the Company. The Platform, including, but not limited to its graphics, logos, page headers, button icons, scripts, service names and applicable Content, constitute the trade dress of the Company.
  • The trademarks, domain names and trade dress of the Company shall not be used or reproduced without the prior written approval of the Company, and may not, in any event, be used in connection with any product or service that is not affiliated with the Company.
  • The copyrights, design rights (whether or not registered), moral rights, performance rights, database rights, new media rights, names, logos, publicity rights, and any and all other intellectual property and proprietary rights of any nature whatsoever that subsist, or may subsist, or be capable of registration, in each case in relation to the whole or part of the Platform or the Content, rests solely with the Company. The Company merely grants You with a license to access and use the Content available on the Platform, in India and for the limited time and purpose needed by You to participate in the Game, subject to the following conditions:
  • You may access and use the Content solely for personal, informational, and internal purposes, in accordance with these Terms of Use;
  • You may not modify or alter the Content available on the Platform;
  • You may not distribute or sell, rent, lease, license or otherwise make the Content on the Platform available to others; and
  • You may not remove any text, copyright or other proprietary notices contained in any Content available on the Platform
  • All Content is the Company’s property and is protected by the Applicable Law with respect to intellectual property rights. The Company reserves the right to terminate Your engagement with Us at its sole discretion
  • The Content made available on or via the Platform, is provided to You ‘AS IS’ for Your information and personal use only and may not be used, copied, reproduced, for any other purposes whatsoever, without the prior written consent of the Company. We reserve all rights, not expressly granted in relation to the Platform and the Content

Advertisements/ Links/Third Party content on the website
  • The Company is not responsible for the content posted on the Website through the advertisements and other third party content providers
  • The Participants are expected to be cautious when exploring these advertisements and third party content
  • Apart from the content on the Website, the Website may contain links to other websites and the Company is not responsible for the content uploaded on the linked websites

Marketing & Promotion
  • The Company is entitled to use the Participants name, picture, messages in any form of text/voice and any other information that the user has provided/shared with the Website for promoting/marketing the Website or any particular Game on the Website
  • The Participant is not eligible for any additional compensations in the event of the Company using the personal information of the Participant for any marketing/promotion event
  • The Company may announce the Winners of the Game along with the winning amount in any form of media- TV, print, radio, internet, etc along with the website and has the Participant agreement for the same
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