DesiPlay provides a mobile app under its flagship brand, DesiPlay – including all text, images, audio, code and other material that may be provided by DesiPlay (collectively, the “Content”) and all of the features, contests and other services they provide. DesiPlay offers an online sports gaming platform (“Platform”) where gamers (“you”, “gamer”, “user” or “participant”) bring their knowledge, gutfeel, and analysis of a professional sport to predict performances, milestones, and outcomes for real players of the sport, and win prizes in the process. The Platform currently runs a cricket prediction and a cricket fantasy game on its mobile apps (“DesiPlay App” or “App”) listed on Google Play Store, Apple App Store and via the DesiPlay website -https://DesiPlay.in (“Site”). The website, the mobile apps, and any other features, tools, materials or other services (including co-branded or affiliated services) offered from time to time by DesiPlay are referred to here as the “Service”. The various contests, competitions and other fantasy games between gamers organized on the DesiPlay App, are referred to as “Contest(s)”. Please read these Terms of Use (the “Terms” or “Terms of Use”) carefully before using the Service. By using or otherwise accessing the Service or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to these Terms and our additional Rules and Scoring System (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy and (3) consent to any additional terms, rules and conditions of participation in particular contests issued by DesiPlay from time to time. If you do not agree to the Terms, then you may not access or use the App/ Platform/ Site/ Content/ Services. DesiPlay may issue additional terms, rules and conditions of participation in particular contests. For example, DesiPlay may issue conditions as required by various rules and regulations of states and union territories of India, which may impact your experience or participation on the Service. You agree to be subject to those additional rules if you participate in such contests. DesiPlay may issue additional terms, rules and conditions of participation in particular contests. For example, DesiPlay may issue conditions as required by various rules and regulations of states and union territories of India, which may impact your experience or participation on the Service. You agree to be subject to those additional rules if you participate in such contests
In order to avail the services (gaming and rewards) on the app, users are asked to share the following personally identifiable information:
- Name
- Mobile number
- Email address
Such information helps establish and verify your (user's) identity on the app besides maintaining and showing you your gaming and rewards details. DesiPlay uses the collected information to allow you to login to the app, send you emails and/or SMSes related to the activities and offers on DesiPlay. You may give us the permission to capture, record your device information, operating system information, network information and location information. You may also choose to share with DesiPlay optional information such as your gender and date of birth. This information can help us send you customised notifications or offers.
Information about your computer hardware and software may be automatically collected by DesiPlay. This information can include: your IP address, device type and access times. All such information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of DesiPlay.
If you wish to convert your winnings into cash and withdraw into your bank account, you will be required to share your bank account details and KYC (Know Your Customer) information such as PAN (Permanent Account Number) as mandated by the Reserve Bank of India.
Third-party share
DesiPlay does not sell, rent or lease its customer lists to third parties. DesiPlay may share data with trusted partners to help perform statistical analysis, communicate with you, report on occurence of standard or custom events (with providers like Google, Facebook, Trackier (https://events.trackier.io)), or provide customer support. All such third parties are prohibited from using your personal information except to provide these services to DesiPlay, and they are required to maintain the confidentiality of your information.
Ask by law
DesiPlay may disclose your personal information, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on DesiPlay; (b) protect and defend the rights or property of DesiPlay; and/or (c) act under exigent circumstances to protect the personal safety of DesiPlay users, or the public at large.
Deletion of user data
The user is entitled to request the deletion of their data by sending an email with their request to [email protected]. DesiPlay will delete the data within one month of the request or after seeking any further clarification for the deletion, whichever is later.
Except for Section 14, providing for Dispute and Dispute Resolution, DesiPlay reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time, by posting the most current version of the same on the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. DesiPlay may, at its sole discretion and if it deems the circumstances fit, notify you of any change or revision to the Terms by notifying you through the email address registered with your account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.
By depositing money or entering a contest, you are representing and warranting that:
If DesiPlay determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. DesiPlay may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility or other verification information (as discussed in Section 4 below). If DesiPlay otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that DesiPlay may have in law or equity, DesiPlay reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, DesiPlay may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the prize structure of the contest, to be precisely determined by DesiPlay in its sole discretion.
DesiPlay also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts. DesiPlay employees may use the Service for the purpose of testing the user experience, but may not withdraw money or prizes except when playing in a private league.
Relatives of DesiPlay employees with whom they share a household are not eligible to participate in paid contests unless they are private contests with other DesiPlay employees or household members. DesiPlay consultants or promoters of the Service may play in contests without such limitation, but only if (i) their arrangement with DesiPlay does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.
Employees or operators of other daily fantasy sites that charge entry fees or offer cash prizes, including but not limited to Dream11, My11Circle and Mobile Premier League, and individuals who, by virtue of affiliation with another daily fantasy site, have access to the site’s pre-release non-public confidential data about game-related information may not enter any contests in which a real money prize is awarded. If such person enters a DesiPlay contest that awards prizes, DesiPlay will disqualify the entry, will not award a prize, and may report such person’s violation of this provision to the daily fantasy site for which the entrant is employed by, operates or affiliated with. Additionally, DesiPlay may maintain information about the entrant sufficient to assist DesiPlay in blocking the user from entering future DesiPlay contests, unless and until DesiPlay determines, in its sole discretion, that the entrant is no longer an employee or operator of another daily fantasy site or no longer has access to pre-release non-public confidential data about game-related information by virtue of affiliation with a daily fantasy site.
Athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners may not participate in any DesiPlay contests in the sport or sports with which they’re associated. Team owners, referees, league employees, sports commissioners and other individuals who through an ownership interest or game-related employment can influence the gameplay are likewise ineligible.
In order to participate in a Contest on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or DesiPlay has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, DesiPlay may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
In the event that the Registration Data indicates that you are a resident of Assam, Odisha, Sikkim, Nagaland, Andhra Pradesh, Telangana or Tamil Nadu, and/ or that you do not qualify any other Eligibility Criteria as specified hereinabove, DesiPlay shall deny you access to the Service.
By entering the Registration Data, you confirm that you have read, and shall abide by these Terms of Use.
Once you have entered the requisite Registration Data and completed the Registration process, you will receive an email confirming your registration and containing your login information.
You may establish, maintain, use and control only one account on the Service. Each account on the Service may only be owned, maintained, used and controlled by one individual, i.e. the individual whose data has been provided in the Registration Data. For avoidance of doubt, users may not “co-own” accounts on the Service. In the event DesiPlay determines that you have opened, maintained, used or controlled more than one account and/ or that you have not provided Registration Data of the person who is maintaining/ using/ controlling the account, in addition to and without prejudice to any other rights that DesiPlay may have under the law for the time being in force, DesiPlay reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
You agree that the sole and specific purpose of creating an account on DesiPlay is to participate in online gaming and fantasy sports Contests on the Service or play the live predictions game. DesiPlay shall be entitled to suspend, limit or terminate your account if it determines, in its sole discretion, that you are depositing funds without the intention of using them in contests on the Service. In such circumstances, DesiPlay may also report such activity to relevant authorities under the law for the time being in force.
At the time of registration for online account access, you must provide a valid email address and/or mobile number, and supply a Username to be used in conjunction with your account. The login process for the account will also require a One-Time Password (OTP) generated by DesiPlay. You may request OTP generation as many times as required.
You shall not use a Username that promotes a commercial venture or a Username that DesiPlay in its sole discretion may deem offensive, immoral, obscene, racial, communal, objectionable, abusive, indecent or vulgar. You are responsible for maintaining control on access to your account, and are fully responsible for all uses of your Username, whether by you or others. You agree to (a) keep your Username and OTP confidential and not share this combination with anyone else; and (b) immediately notify DesiPlay of any unauthorized use of your Username and OTP or account or any other breach of security. DesiPlay cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that DesiPlay is authorized to act on instructions received through the use of your Username and OTP, and that DesiPlay may in its sole discretion deny access or block any transaction made through use of your Username and OTP without prior notice if we believe your Username and OTP are being used by someone other than you, or for any other reason.
DesiPlay may require you to change your Username or may unilaterally change your Username and intimate you of such change along with the reasons thereof.
As a result of your registration for the Service, you may receive communications from DesiPlay on your registered email and/ or mobile and/ or on the App and/ or on the Site. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the ‘unsubscribe’ option that will be provided to you or by sending an email to [email protected]. Following such an opt-out, DesiPlay may still communicate with you via email to the extent permitted by the applicable laws and regulations for the time being in force.
DesiPlay also reserves the right to cancel contests, in its sole discretion, without any restrictions.DesiPlay, in its sole discretion, may disqualify you from a contest or from use of the entire Service, refuse to award fantasy points or prizes and require the return of any prizes, or may suspend/ limit/ terminate your account, should you engage in conduct deemed improper, unfair, fraudulent or otherwise adverse to the operation of the Service by DesiPlay, in its sole discretion, or if your conduct on the Service is in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information (including payment information) required to use the Service or claim a prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these rules, accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other gamers; abusing/ misusing/ defaming the Service in any way; or otherwise violating these Terms of Use. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent DesiPlay from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct to the fullest extent of the law for the time being in force.
If for any reason the Service is not running as originally planned (e.g., if the App/ Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the applicable rules, or if the App/ Site is infected by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind that in the sole opinion of DesiPlay corrupt or affect the administration, security, fairness, integrity or proper conduct of the Service), DesiPlay reserves the right, in its sole discretion, to disqualify any individual that is in any matter implicated in or related to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, a notification may be posted on the Site to this effect, if DesiPlay deems it fit to do so.
The failure of DesiPlay to comply with any provision of these Terms due to an Act of God, hurricane, war, fire, riot, pandemic, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of DesiPlay (excepting compliance with applicable codes and regulations), network infrastructure failures, strikes, shortages of transportation facilities or other necessary material, or cancellation of any match to which a contest relates, or other force majeure event will not be considered a breach of these Terms.
By depositing funds or entering paid contests, you agree to provide DesiPlay with a valid mailing address, date of birth and/ or social security number (including Aadhar Number and/ or PAN card details) as the case may be, and any other information DesiPlay may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows DesiPlay to make necessary verifications. While your account is pending verification, you may be able to deposit funds into your account and participate in contests, but you will not be able to withdraw any funds from your account until verification is complete. If we are unable to verify you, we reserve the right to suspend your account and withhold any funds until such time as we have been able to successfully verify you.
DesiPlay may further conduct checks for compliance of the Terms, including anti-fraud checks in playing patterns and deposits prior to processing a withdrawal, and may request additional information before permitting a withdrawal. Subject to such checks, you may close your account and withdraw your deposits and/or winnings at any time and for any reason whatsoever.
Deposits, and gamers’ winnings after contests are finished, are held in a separate, segregated bank account by DesiPlay. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and DesiPlay may not use them to cover its operating expenses or for other purposes. Your withdrawals will be made from this segregated bank account.
DesiPlay may limit the amount a user can deposit into his or her account in accordance with state-imposed deposit limits.
In cases where you have participated in a promotion to receive a bonus or other benefit, you may be required to play through your deposit (by entering contests) whose total entry fees equal the value of the deposit to receive the entirety of such bonus.
All prizes shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961 and you will be required to provide the correct PAN number and other details to DesiPlay as may be requested from you. These details will be used by DesiPlay to comply with tax regulations and may be shared with appropriate tax authorities. You alone, and not DesiPlay, are responsible for filing and paying applicable state and federal taxes (over and above TDS) on any winnings, and DesiPlay is not in any manner responsible for the same. DesiPlay does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.
By entering a contest, you consent to DesiPlay’s and its service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/ or usage (including marketing and promotion) of the selected contest and/or other DesiPlay contests and DesiPlay generally, unless otherwise prohibited by the law for the time being in force. DesiPlay and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. Entrants agree that DesiPlay may announce any winner's name on-air or on any of its websites/ apps or any other location at any time in connection with the marketing and promotion of DesiPlay or other contests or games operated by DesiPlay. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfilment of these obligations. You acknowledge and agree that the applicable rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
Games of skill are excluded from the ambit of Indian gambling legislations, as has been repeatedly acknowledged by Courts in India including the Supreme Court.
The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, 2015 defines that “games of skill” would include “all such games where there is preponderance of skill over chance, including where the skill relates to strategizing the manner of placing wagers or placing bets or where the skill lies in team selection or selection of virtual stocks based on analyses or where the skill relates to the manner in which the moves are made, whether through deployment of physical or mental skill and acumen”.
Various high courts have deliberated on the legality of fantasy sports in India (the Punjab and Haryana High Court in Varun Gumber vs. Union Territory of Chandigarh and Ors, the Bombay High Court in Gurdeep Singh Sachar vs. Union of India, the Rajasthan High Court in Chandresh Sankhla vs. State of Rajasthan and Ravindra Singh Chaudhary vs. Union of India) and the position upheld by these courts is that fantasy sports gaming would certainly qualify as a Game of Skill. In particular, there is a considerable amount of skill involved in playing a fantasy sports game as one has to formulate teams based on one’s assessment and knowledge of the sport.
The Contest(s) described above (across the DesiPlay Services) are games of skill as success of Participants depends primarily on their superior knowledge of the games of cricket and/or other sports’ statistics, knowledge of players' relative form, players' performance in a particular territory, conditions and/or format (such as ODIs, test cricket and Twenty20 in the cricket fantasy game), attention and dedication towards the Contest(s) and competent in playing the Contest(s).
By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.DesiPlay is a game of skill. Winners are determined by the criteria stated in each contest's rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant professional sports information and fantasy sports rules to accumulate the most fantasy points. The success of participants is determined by the said knowledge of the relevant game and players, and their assessment and application of the same. Fantasy points are accumulated through the performance of individual athletes in sports events.
DesiPlay has its own gaming virtual currency called ‘Gold Nanyas’, which is a digital representation of value, issued and controlled by DesiPlay and functions as a medium of exchange or store of value on the DesiPlay App. Gold Nanyas can be purchased online using actual money or granted as promotional award or awarded for winning contests. Gold Nanyas are used to enter paid contests and those Gold Nanyas that get awarded on winning a contest (Winning Nanyas) can be exchanged for actual money or redeemed for gift cards or discount coupons. These Gold Nanyas are stored in a virtual wallet called Gullak, which is merely used to store the Gold Nanyas on the DesiPlay App and as such is in no manner concerned with any of the monetary transactions that take place on DesiPlay.
All DesiPlay paid contests have an entry fee to be paid in Gold Nanyas. When you opt to participate in a contest, an amount equal to the entry fees in Gold Nanyas will be debited from your DesiPlay Gullak account. Then, you will be required to follow the links and instructions provided for entry. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested and in DesiPlay’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. DesiPlay reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
Once a contest entry fee is paid, the participation is confirmed and no cancellation is permissible. Also, contests lock when the match starts and no more entries or line-up changes may be made at that time.
In respect of any transactions entered into on the DesiPlay Platform, including making a payment to participate in the paid versions of Contest(s), Gamers agree to be bound by the following payment terms:
DesiPlay offers contests for professional cricket events generally taking place on a single day (T20s and one-day matches) or at most five days (Test matches, other first class matches).
DesiPlay may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s) and/or official website of the match organiser. In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, abandonment of a match etc., as a result of inaccuracies in or incompleteness of the feed provided by the third-party service provider and/or official website of the match organiser comes to its attention, DesiPlay shall use best efforts to rectify such error prior to the distribution of prizes. However, DesiPlay hereby clarifies that it relies on the accuracy and completeness of such third party score/statistic feeds and does not itself warrant or make any representations concerning the accuracy thereof and, in any event, shall take no responsibility for inaccuracies in computation and tabulation of fantasy points or the selection of winners as a result of any inaccurate or incomplete scores/statistics received from such third party service provider. Gamers agree not to make any claim or raise any complaint against DesiPlay in this respect.
Winners will be decided on the basis of the scores of the Teams in a designated match (which may last anywhere between one day and an entire tournament) of the Contest(s). The Gamer(s) owning the Team(s) with the highest aggregate score in a particular match shall be declared the Winner(s). In certain pre-specified Contests, DesiPlay may declare more than one Winner and distribute prizes to such Winners in increasing order of their Team's aggregate score at the end of the designated match of the Contest. The contemplated number of Winners and the prize due to each Winner in such Contest shall be as specified on the Contest page prior to the commencement of the Contest. The points system determining the Team scores can be found here.
Gamers creating Teams on behalf of any other Participant or person shall be disqualified.
In the event of a tie, the winning Gamers shall be declared Winners and the prize shall be equally divided among such Gamers.
DesiPlay shall not be liable to pay any prize if it is discovered that the Winner(s) have not abided by these Terms and Conditions, and other rules and regulations in relation to the use of the DesiPlay App, Contest, "Fantasy Rules", etc.
After each contest ends, the tentative winners are announced (generally by the following day) after a final verification. The players in each contest who accumulate the most fantasy points and comply with eligibility requirements and applicable rules will win prizes as set out in the posted contest details. Prizes in the form of Gold Nanyas (Winning Nanyas) are added to the winning player's Gullak account balance. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified. You agree that DesiPlay may at its sole discretion announce results or prizes even after a day if the circumstances so warrant.
DesiPlay offers a number of different types of contests. For each contest, we announce the entry fees and prizes in advance on the contest page. For a summary of entry fees and prizes for currently open contests you may please login and visit the main lobby.
Prize calculations are based on the results as of the time when final scoring is tabulated by DesiPlay. Once winners are finally announced by DesiPlay, the scoring results will not be changed in light of official adjustments made by the professional leagues, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results. We also may make adjustments in the event of noncompliance with the Terms. You agree that DesiPlay has no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with DesiPlay’sefforts to reverse payments.
In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, DesiPlay reserves the right to determine whether or not to award or adjust such prizes, in its sole discretion. You agree that in all disputes arising out of the determination of the winner of DesiPlay contests, DesiPlay is the sole judge and its actions are final and binding.
Only those Winners who successfully complete the verification process and provide the required documents within the time limit specified by DesiPlay shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). DesiPlay shall not entertain any claims or requests for extension of time for submission of documents.
DesiPlay shall scrutinize all documents submitted and may, at its sole and absolute discretion, disqualify any Winner from withdrawing his/her accumulated winnings (or any part thereof) if it is determined by DesiPlay that any document or information submitted by the Gamer is incorrect, misleading, false, fabricated, incomplete or illegible; or if the Gamer does not fulfill the Eligibility Criteria specified in Section 3 above.
All prizes shall be subject to TDS as per the Income Tax Act 1961. The TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- is 30% as per the law for the time being in force. TDS of 30% shall be deducted on Net Winnings (prize money amount - contest entry fee - promo bonus). In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by DesiPlay in accordance with the prescribed TDS rate at the time. 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 prize money.
The names of Winners are generally posted on the App after the conclusion of each contest and latest by 10 AM IST on the following day. Separately, Winners will also receive notifications on their App in this regard. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winner's names for each competition period may be obtained by writing to [email protected]. You agree that DesiPlay may at its sole discretion announce results or prizes even after the next day if the circumstances so warrant.
In order to conduct promotional activities, DesiPlay may issue promotional Gold Nanyas (Promo Bonus) to the gamers for the purpose of participation in any Contest(s) and no User shall be permitted to transfer or request the transfer of any amount into the Promo Bonus.
The usage of any Promo Bonus issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such Promo Bonus must be used, as applied by DesiPlay and notified to the user at the time of issue of such amount. The issue of any Promo Bonus to the user is subject to the sole discretion of DesiPlay and cannot be demanded by any User as a matter of right. The issue of any Promo Bonus by DesiPlay on any day shall not entitle the user to demand the issuance of such Promo Bonus at any subsequent period in time nor create an expectation of recurring issue of such Promo Bonus by DesiPlay to such user. The Promo Bonus granted to the user may be used by such user for the purpose of setting it off against the contribution to prize pool in any Contest, in accordance with these Terms and Conditions. The Promo Bonus shall not be withdrawable or transferrable to any other account of the user, including the bank account of such user, or of any other user or person. In case the user terminates his/her account with DesiPlay or such account if terminated by DesiPlay, all Promo Bonus granted to the user shall return to DesiPlay and the user shall not have any right or interest on such points. DesiPlay also reserves the right to reclaim any Promo Bonus if lying unutilized in a gamer’s account for more than a stipulated timeframe.
The DesiPlay “Refer Friends and Family” Program lets you invite your friends and loved ones to join DesiPlay (“Program”). In the event that you and your referred friend meet the criteria and complete all the steps specified in these terms, you and your friend can earn a Referral Bonus from DesiPlay. This Referral Bonus is part of Withdrawable balance of Gullak and can be used to pay entry fee for the Contest(s) on DesiPlay App or can be withdrawn by either redeeming for gift cards / discount coupons or exchanging for real money into the bank account. "). To participate in the Program, please note our terms and conditions ("Program Terms") in this respect, as they govern your participation in the Program:
DesiPlay utilizes third-party service providers to obtain the score feed and other information required for the computation and tabulation of fantasy points. In the rare event of any error in the computation or tabulation of fantasy points, selection of winners, abandonment of a match etc., as a result ofinaccuracies in or incompleteness of the feed provided by the third-party service provider comes to its attention, DesiPlay shall use best efforts to rectify such error prior to the distribution of prizes.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by DesiPlay. By way of example, and not as a limitation, you agree not to:
Without prejudice to DesiPlay’s right to take action under the law for the time being in force,violation of DesiPlay’s rules/ Terms of Use including those listed hereinabove, may result in the removal of your Content from the Service, forfeiture of winnings, and/or the cancelling of your account. You acknowledge and agree that DesiPlay may remove any User Content (as defined below) and terminate any DesiPlay account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). To report Terms of Use violations, please contact us.
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not DesiPlay, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will DesiPlay be liable in any way for any User Content.
You acknowledge that DesiPlay may or may not pre-screen User Content, but that DesiPlay and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, DesiPlay and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in DesiPlay's sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.
With respect to User Content you submit or otherwise make available on or to the Service, you grant DesiPlay an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Service. DesiPlay reserves the right, but has no obligation whatsoever, to monitor disputes between you and other users.
You agree to release and to indemnify, defend and hold harmless DesiPlay and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms of Use, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. You shall indemnify, defend, and hold DesiPlay and its parents, subsidiaries, affiliates and agencies, officers, directors, employees, shareholders and representatives harmless from any third party/ entity/ organization claims arising from or related to your engagement with DesiPlay or participation in any contest. DesiPlay reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with DesiPlay in the defense of such matter. Such indemnity from your end shall be for any/ loss damage whatsoever including and without limitation to costs for attorneys, legal charges, litigation expenses, etc. You agree to indemnify DesiPlay from any costs, damages, losses including litigation costs and lawyer fees, in respect of any third party claims that may be initiated, including for infringement of intellectual property rights, arising out of display or use of logos, names, marks, trademarks, copyrights, or other such rights on DesiPlay, by you or through your acts/ omissions.
You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an "AS IS" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that DesiPlay has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effect the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release DesiPlay from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. You understand and agree that DesiPlay makes no representations concerning any Content contained in or accessed through the Service, and DesiPlay will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
All title, ownership and intellectual property rights in and to the Service (including all content created by DesiPlay, its partners, affiliates, and/ or users) are owned by DesiPlay or its licensors. Material published on DesiPlay, including but not limited to games, contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clipping and flash animation, is owned by DesiPlay or its licensors. Users may not modify, publish or participate in the transfer of, or reproduce/ distribute/ publicly display or in any manner exploit any material published on DesiPlay without the express consent and license of DesiPlay. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by DesiPlay, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
The Service provides, or third parties may provide, links to other internet sites, applications or resources. Because DesiPlay has no control over such sites, applications and resources, you acknowledge and agree that DesiPlay is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that DesiPlay 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
DesiPlay may terminate or suspend all or part of the Service and your DesiPlay account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your DesiPlay account, you may contact DesiPlay via the contact form with a note to say that you wish to terminate your account.
The following provisions of the Terms survive any termination of these Terms:
If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with DesiPlay regarding restoration of your account only via [email protected].
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.