This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the 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.
For the purpose of these Terms, wherever the context so requires, “You” or “User” shall mean any natural or legal person who accesses the Website as a User.
The Proprietor shall not be required to notify You of any changes made to these Terms. The revised Terms shall be made available on the Website. Your use of the Website and the services is subject to the most current version of the Terms made available on the Website, at the time of such use. You are requested to regularly visit the Website to view the most current Terms. It shall be your responsibility to check the Terms periodically for changes. The Proprietor may require You to provide your consent to the updated Terms in a specified manner prior to any further use of the Website and the services provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms, will constitute your express acceptance of those changes.
The Website is a platform that provides algorithmic predictions of the outcome of various team sports based on various parameters (“Facilities”). The use of the Facilities on the Website shall be governed by these Terms.
- Eligibility to Use
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. The Facilities shall also not be available to any Users suspended or barred by the Proprietor’ for any reason whatsoever. If You do not conform to the above qualifications, You will not be permitted to use and access the Facilities through the Website. By accessing and using the Website, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of 18 years, You may avail the services provided by the Website, through Your legal guardian in accordance with the applicable laws. The Proprietor reserves the right to refuse to provide You with access to the Website if it is brought to the Proprietor’s notice, or if it is discovered that You are under the age of 18 years.
The Proprietor reserves the right to refuse access to use the services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so and You shall have no right to object to the same.
You shall not have more than one active Account (defined below) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
- User Account, Password and Security
The Proprietor shall permit You to use certain services through the Website (“Registered User Services”), only if You have provided the Proprietor certain required information and created an account (“Account”) through a log-in ID and password, which can include a Facebook, Google Plus, Twitter or any other valid email ID (collectively, the “Account Information”). The transaction and delivery of the Registered User Services may also be subject to procedures for use of the Website, Terms, uploaded guidelines, rules, additional terms of service, or other disclaimer and notices, if any (“Additional Terms”). If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall take precedence in relation to the Registered User Services.
The Website requires You to register as a User by creating an Account in order to avail of the Registered User Services provided by the Website.] You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that take place under or with reference to Your Account. You agree to (a) immediately notify the Proprietor of any unauthorized use of Your Account or Account Information or any other breach of security, and (b) ensure that You exit / log out from Your Account at the end of each session, and/or take all such necessary precautions as may be required to terminate any ongoing session. The Proprietor cannot and will not be liable for any loss or damage arising from Your failure to comply with this requirement. You may be held liable for losses incurred by the Proprietor or any other User of, or visitor to, the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential, or otherwise.
The Website also allows / shall allow restricted access to the Website for unregistered Users.
You shall ensure that the Account Information provided by You in the Website’s registration form is true, complete, accurate and up-to-date. Use of another User's Account Information for availing the services offered by the Proprietor is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Proprietor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Proprietor has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website by You. Any personal data collected will be used by Predict22 to contact you via phone, SMS or email for marketing and to deliver certain updates for services or information you have requested.
- Fair usage and enforceability of these terms
(a) You, as a User, understand that upon accessing the Website, You are entering into a legally binding and enforceable contract with the Proprietor to avail of the Facilities and/or services on such other mode as may be specified by the Proprietor.
(c) The Proprietor reserves the right to refuse to provide the Facilities to Users at any time without assigning reasons. The Registered User Services may be withdrawn at any time prior to completion of payment and in the event such Registered User Services are withdrawn after the User has made payment, the User shall be entitled only to refund of any payment made for the Registered User Services.
(d) You acknowledge that, the Website is intended solely for the purpose of predicting outcomes of sporting competitions and matches. The User acknowledges that Proprietor will not be liable for any damages, interests or claims etc. resulting from reliance on the predictions and Facilities provided and it is expressly clarified that the Facilities should in no manner by used for the furtherance of, as an accessory to, or in any manner connected with gambling or betting in relation to any sport or in any manner however remotely connected with gambling or any other any activity proscribed by Indian Law.
- User Obligations
(a) Subject to compliance with these Terms, the Proprietor grants You a personal, non-exclusive, non-transferable, limited privilege to access and use the Website, and the services provided herein.
(b) You agree to use the services, the Website and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
(c) You agree to adhere to all limitations on dissemination, use and reproduction of any materials that You access on the Website in accordance with the provisions on “Use of Materials” below.
(d) You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface that is provided by the Proprietor. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
(e) You acknowledge and agree that by accessing or using the Website or services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. The Proprietor disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under the provisions on “Termination” herein.
(f) If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, You undertake not to:
- defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
- upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- upload or distribute files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of the Website or another's computer;
- engage in any activity that interferes with or disrupts access to the Website or the services (or the servers and networks which are connected to the Website);
- attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Proprietor server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;
- probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Website, or any other customer of the Proprietor, including any Account not owned by You, to its source, or exploit the Website or service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites or Websites;
- collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
- use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
- use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Proprietor or other third parties;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular service;
- violate any applicable laws or regulations for the time being in force within or outside India;
- violate the Terms including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
- reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
(g) The Proprietor has no obligation to monitor any communications by You. However, the Proprietor reserves the right to review materials posted by You and to remove any materials in its sole discretion. The Proprietor reserves the right to terminate Your access to any or all of such communication services provided by the Proprietor at any time without notice for any reason whatsoever.
(h) The Proprietor reserves the right, at all times, to disclose any information as is necessary to satisfy or comply with any applicable laws, regulations, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Proprietor's sole discretion.
(i) The Proprietor does not control or endorse the content, messages or information found in any communication service and, therefore, the Proprietor specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the User's participation in any communication service.
(j) You agree that You are solely responsible to the Proprietor and to any third party for any breach of Your obligations under these Terms and for the consequences (including any loss or damage which the Proprietor or its affiliates may suffer) for any such breach.
(k) You agree that the Proprietor may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Users of the Website.
- Use of Materials
Except as expressly indicated to the contrary in any applicable Additional Terms, the Proprietor hereby grants You a personal, non-exclusive, freely revocable (upon notice from the Proprietor), non-transferable access to view, download and print documents or any other materials available on the Website, subject to the following conditions:
- You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms;
- You shall not modify or alter information or any other materials available on the Website;
- You shall not distribute or sell, rent, lease, license or otherwise make the materials available on the Website available to others, unless through a mechanism or option specifically provided for this purpose; and
- You shall not remove any text, copyright or other proprietary notices contained in the documents or any other materials available on the Website.
The rights granted to You in the information or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
Any purchase of the merchandise or services from the Website will be strictly for Your personal use of the User. The User hereby expressly agrees that any merchandize or services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the services or merchandize purchased is not transferrable to any third party for profit.
- Usage Conduct
You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website.
You are also under an obligation to use the Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
- Intellectual Property Rights
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by the Proprietor and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos, brands and service marks displayed on the Website ("Marks") are the property of the Proprietor or respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of the Proprietor, or the third party that may own the Marks.
All Marks are the property of their respective owners and are used either with the permission of the respective owners or are free to use. All company, product and service names used in this website are for identification purposes only. Use of these names, logos, and brands does not imply endorsement and are intended merely for identification of the respective teams, brands and individuals.
Any software that is available on the Website is the property of the Proprietor. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms or by the express written permission of the Proprietor.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Proprietor owns all intellectual property rights to and into the domain name www.predict22.com , the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Proprietor or third party owner of such Content.
- Third Party Content
The Website makes available general third party information such as technology and features, advertisements including videos, images and photographs of the Facilities and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from the Proprietor. The provision of Third Party Content is for general informational purposes only. The Proprietor does not provide any guarantee with respect to any the Third Party Content and the Proprietor shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
- Public Forums and Blogs
The Website offers publicly-accessible blogs or community forums. If you participate in such blogs and/or forums, you should be aware that any information you provide in these areas may be read, collected, and used by other members in these forums and other third parties. The Proprietor is not responsible for the information you choose to submit in these forums and blogs. To request removal of your personal information from our blog or community forum, contact us at firstname.lastname@example.org
- Social Media
- Disclaimer Of Warranties & Liability
You expressly understand and agree that, to the maximum extent permitted by applicable law:
(a) the Website, services and other materials are provided by the Proprietor on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Proprietor makes no warranty that (i) the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable; (iii) the quality of the Website, services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from the Proprietor or through or from use of the services shall create any warranty not expressly stated in the terms.
(b) the Proprietor will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Proprietor also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
(c) the Proprietor will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Website or any services or materials, either with or without your knowledge. The Proprietor has endeavoured to ensure that all the information on the Website is correct, but the Proprietor neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. The Proprietor shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, Facilities, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Proprietor shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Proprietor's control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. The Proprietor is not responsible for any typographical error leading to an invalid coupon. The Proprietor accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
(d) the Proprietor shall not be liable for any third party product or services. The advertisement(s) available on e-mail or the Website with respect to the third party website or the Facilities are for information purpose only.
You expressly agree that Your use of the Website is at Your risk.
- Indemnification and Limitation of Liability
You agree to indemnify, defend and hold harmless the Proprietor including but not limited to its affiliates, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Proprietor that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, You agree to hold the Proprietor harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights.
Notwithstanding anything to contrary, the Proprietor's entire liability to You under this Terms or otherwise shall be the refund of the money charged from You for any specific voucher or product or service, under which the unlikely liability arises.
In no event shall the Proprietor, its officers, directors, employees, partners or suppliers be liable to You, or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Proprietor has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services and/or materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
- Violation of the Terms
You agree that the Proprietor may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if the Proprietor determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms or Additional Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Proprietor, for which monetary damages would be inadequate, and You consent to the Proprietor obtaining any injunctive or equitable relief that the Proprietor deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Proprietor may have at law or in equity.
You agree that the Proprietor may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website and/or any service offered on or through the Website; or (4) unexpected technical issues or problems.
If the Proprietor does take any legal action against You as a result of Your violation of these Terms, the Proprietor will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the Proprietor.
The Terms will continue to apply until terminated by either You or the Proprietor as set forth below. If You want to terminate Your agreement with the Proprietor, You may do so by (i) not accessing the Website; and (ii) closing Your accounts for all of the services that You use, where the Proprietor has made this option available to You.
The Proprietor may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:
- the Proprietor is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);
- the provision of the services to You, by the Proprietor is, in the Proprietor's opinion, no longer commercially viable;
- the Proprietor has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof).
The Proprietor may also terminate or suspend all or a portion of Your account or access to the services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the services.
You agree that all terminations shall be made in the Proprietor's sole discretion and that the Proprietor shall not be liable to You or any third party for any termination of Your Account (and deletion of Your Account Information), or Your access to the Website and the services offered thereunder.
Notwithstanding the foregoing, these Terms will survive indefinitely unless and until the Proprietor chooses to terminate them.
If You or the Proprietor terminates Your use of the Website, the Proprietor may delete any content or other materials relating to Your use of the Website and the Proprietor will have no liability to You or any third party for doing so.
- Governing Law
These Terms and all transactions entered into on or through the Website and the relationship between You and the Proprietor shall be governed in accordance with the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website or the relationship between You and the Proprietor shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts.
- Report Abuse
In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Website, please report to the Proprietor’s customer support team.
You hereby expressly agree to receive communications by way of SMS, e-mails from the Proprietor including phone calls relating to the Facilities offered through the Website.
You can unsubscribe / opt-out from receiving communications from the Proprietor through e-mail anytime by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail or by filling in the details on the unsubscribe section on the Website.
- General Provisions
Notice: All notices of the Proprietor will be served by email or by general notification on the Website. Any notice provided to the Proprietor pursuant to the Terms should be sent to email@example.com
Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. The Proprietor's rights under the Terms are freely transferable by the Proprietor to any third parties without the requirement of seeking Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Waiver: Any failure by the Proprietor to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Proprietor of that provision or right.