Terms of Use

1. Background

• Please read these Terms of Use (“Terms“, “Terms of Use“) carefully before using the website operated by Gamio Technologies Pvt Ltd, a private limited company incorporated in India (“India Fantasy”, “us“, “we“, or “our“). The services provided by us through the Website shall be known as the “Services”. Any reference to “you” or the “User” shall mean you, the user of the Services. India Fantasy and you shall collectively be known as the “Parties” for the purposes of these Terms of Use.

 

• Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms then you may not access the Services and must immediately stop using the Website.

 

• Since these Terms constitute a legal contract between India Fantasy and you, it is imperative that you review these Terms carefully and in their entirety. These Terms shall be read along with India Fantasy’s Privacy Policy which shall be and read to be a part of these Terms of Use.

 

• We reserve the right to make changes to these Terms at any time. Any such modifications shall become effective immediately upon posting to the Website. You agree to periodically review the updated version of these Terms as posted to the Website. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

2. Accounts
   • When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.

 

• The Services are available only to persons above the age of 18 years. If you are under the age of 18, you may not create an account with us, unless you are accessing the Services under parental guidance or the guidance of a legal guardian. We reserve the right to terminate your account and deny access to the Services if it is brought to our notice that you are under the age of 18 and are accessing the Services without parental guidance or the guidance of a legal guardian. We disclaim all liabilities for any harm caused to you on account of using the Services without appropriate guidance.

 

• You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We shall take no responsibility on account of any liabilities incurred as a consequence of misuse of your account password.

 

3. Payment

Payments made at the Services shall be subject to the following:

• User(s) can make payments through any of the following available options:

 

• The User agrees and accepts that all nuances and modalities relating to making payment using Internet Banking/ Debit/Credit Cards (“Virtual Payment Mode”) shall be separately governed by arrangement(s) / terms and conditions between the User and the relevant banks. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the Virtual Payment Modes (including any fraudulent transaction).

 

• While availing any of the payment method(s) available on the Services, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) lack of authorization for any transactions; (b) any payment issues arising out of the transaction or (c) decline of such transaction for any reason.

 

• You understand, accept and agree that the payment facility provided us, is neither a banking nor financial service.

 

• India Fantasy reserves its right to change the charges for Services, at any time, without the requirement of any prior intimation to the User. Any such change shall be binding and effective on the User.

 

4. Links to Other Web Sites

 

• The Website may contain links to other websites (“Third Party Links“). The Third Party Links are not under the control of India Fantasy. We are not responsible for the content of any Third Party Links, including, without limitation, any link contained in a Third Party Linked Site.

 

• We are not responsible for any form of transmission whatsoever, received by the You from any Third-Party Links. We are providing these links only for your reference, and the inclusion of any such link does not imply endorsement by the Website, of the Third-Party Links or any association with its operators or owners including the legal heirs or assigns thereof. The appearance of a link does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship to India Fantasy. India Fantasy does not endorse the content on any third-party websites. India Fantasy is not responsible for the content of linked third-party websites or third-party advertisements and does not make any representations regarding its content or accuracy. India Fantasy does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents or be in violation of Applicable Law.

 

• On accessing the Third-party Links, you shall be governed by the terms of use, privacy policy and such other additional policies of the Third-Party Links. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Third Party Links or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, breach of any Applicable Law, or any profanity contained therein.

 

5. Intellectual Property Rights

 

• India Fantasy Content

 

1. 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 creative work of the author of the content available on the Services, rests with India Fantasy.

 

1. Except as specified otherwise on the Website, all India Fantasy content available on the Services, including but not limited to, text, graphics, logos, designs, photographs, button icons, images, video clips, digital downloads, data compilations etc., is our property and is protected by the Applicable Laws with respect to intellectual property rights. The compilation of all content on these Services is our exclusive property, and shall not be reproduced or used without express written permission from Us. We reserve the right to terminate Your engagement with Us, if We, in our sole and absolute discretion, believe that you are in violation of this clause.

 

1. The content made available on or via the Services, is provided to you ‘AS IS’ for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights, not expressly granted in and to the Services.

 

1. All content on the website sourced from any third party is, and shall be credited to such third party, and all Intellectual Property in such content resides with and shall continue to reside with such third party.

 

• User Content

 

While submitting/ posting comments/ suggestions/ opinions/ feedback/ content etc. (“User Content”), the User agrees and acknowledges that:

 

1. The User Content does not contain any confidential information and is not in violation of any third party right including intellectual property rights;

 

1. The User Content shall not be unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate;

 

1. We are not under any obligation of confidentiality, express or implied, regarding the User Content;

 

1. We reserve the right to use or disclose such User Content for any purpose, in any way, as we deem fit;

 

1. By posting/ submitting User Content, the User Content shall become our intellectual property, without any obligations to you, including but not limited to any compensation or consideration, express or implied to you.

 

6. Disclaimers and warranties
   • To the maximum extent permitted by applicable law, the Services are provided without warranties of any kind, whether express or implied, and India Fantasy hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

 

• The materials available on the Website are provided “AS IS”. India Fantasy does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any sites linked to the Website.

 

• Noinformation, whether oral or written, obtained by you as part of the Services will create any warranty not expressly stated herein. Without limiting the foregoing, India Fantasy specifically disclaims warranties pertaining to the following:

 

1. That the contents on the Website are accurate, reliable, complete, current or correct. And that such contents do not include any technical, typographical, or photographic errors.
2. That the contents on the Website will not be modified or updated at any time without notice.
3. That the Website will meet your requirements;
4. That the Website will be available at any particular time or location, uninterrupted or secure;
5. That any defects or errors will be corrected; or
6. That the Services are free of viruses or other harmful components.
   • Any content downloaded or otherwise obtained through the use of the Website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your such use of the Services.

 

• We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or service. India Fantasy will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

 

• We categorically specify that we do not advertise, promote, represent, or claim any intellectual property of any of the websites, teams or games we review or refer to on our Website. We disclaim all liability with respect to any obligations, under any contract or applicable law with respect to the above.

 

• We hereby specify, that we do not offer any online games, either of skill or of chance on the website, neither for stakes or without.

 

7. Termination
   • We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.

 

• All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

• Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.

 

8. Indemnification
   • You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Use, or any use by you of the Services violates any third-party rights, including third party intellectual property rights or applicable laws.

 

• You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary.

 

• You shall not settle any third-party claim or waive any defence without our prior written consent.

 

9. Limitation of liability
   • India Fantasy and its affiliates shall in no way be liable for any direct, incidental, consequential, indirect, special or punitive damages arising out of your access, use, misuse or inability to use the Services or any linked sites, or in connection with any failure of performance. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if India Fantasy has been advised of such damage.

 

• By use of the Services, you acknowledge that you are solely responsible for any and all actions, liabilities, consequences, decisions or behaviours arising out of or in connection with the use of the Services and shall in no way hold India Fantasy and/or its affiliates responsible for such conduct.

 

10. Governing Law and Jurisdiction

 

• These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. Courts in New Delhi shall have exclusive jurisdiction over all disputes arising out of these Terms of Use.

 

11. Miscellaneous provisions
    • Entire Agreement: Unless otherwise specified herein, these Terms constitute the entire agreement between you and India Fantasy in respect of the Services and supersedes all previous written and oral agreements between you and India Fantasy, if any.

 

• Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms for either you or India Fantasy is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.

 

• Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.

 

• Notices: Any notice required or permitted to be given to India Fantasy hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified by India Fantasy. All Notices required to be given under these Terms shall be addressed to:

        Name: Gamio Technologies Pvt Ltd

        Postal Address: A-59 Top Floor Riana Tower, Sec 136 Noida

        E-mail Address: [email protected]

• No Agency: Nothing in this Agreement shall be construed as making either Party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither Party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

 

• No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other Party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).

 

• Assignment: This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the Parties hereto.

 

• Amendment: No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof.

 

• Grievance redressal: If you have any grievances against India Fantasy or its affiliates that stem from the terms of these Terms or those contained in our Privacy Policy, you may contact our Grievance Officer as per details below:

Name: Manoj Bisht

Email:  [email protected]

 

• Contact Us: If you have any questions about these Terms, please contact us at [email protected]