Usage Of The Fantomplay

1. Users shall be bound by all these Terms and Conditions, and/or any additional Rules applicable for participation in all types of Contests, features and all services which are offered by FantomPlay on the App & on the Website beingwww.fantomplay.com(“Terms & Conditions”). Apart from these, each User by participating/registering for Contest/s shall have been deemed accepted the terms of participation in the specific Contest and shall be bound by the same. Any additional terms of participation shall be available for perusal atwww.fantomplay.comfor the specific Contest.

2. Terms and Conditions may be altered, modified, changed, revised at any time at the sole discretion of FantomPlay. Such modified/altered/revised updated version of the Terms & Conditions will be publicly available on the Website and additionally, the User will be intimated of the revisions to the Terms and Conditions and the terms of participation by way of email updates and/or pop up notifications on the App.

Eligibility Of A Player/User Of Fantomplay Conditions Of Participation

• Contest/s with cash winnings are open only to persons aged 18 or older.

• User must be successfully registered on FantomPlay account after having completed the required registration process to be eligible for participating in contests (“User”).

• Every person who wishes to participate in the Contests must have a valid email address.

• Only those participants who have successfully registered on the official operating App of FantomPlay in as well as registered for a Contest prior to its each round in accordance with the rules outlined above shall be eligible to participate in the Contest and win prizes.

• Users must also be registered for a contest prior to each round in accordance with all rules and regulations to be eligible to participate in contest and win prizes.

• The Contests are open only to persons residing in India at the time of participation and more specifically only in the Indian States where ‘game of skill’ is considered legal.

• FantomPlay may, in accordance with the laws prevailing in certain Indian states, bar people who reside in certain Indian states from participating in any Contests. Currently people who reside in the Indian states of Assam, Andhra Pradesh, Odisha, Telangana, Nagaland or Sikkim may not participate in any paid or cash Contests, as the laws of these states bar their residents from participating in any online games where participants are required to pay to enter contests (“Restricted States”).

• FantomPlay will also bar any individual participating in contests who belongs to leagues, organizing boards etc. and has insider knowledge about participating teams etc., such as employees of FantomPlay.

REGISTERING ON THE APP

1. Each User shall be required to follow the steps as listed below for registering on the App and participating in Contest/s: (“User Registration Process”).

   Step 1	The User downloads the App from Play Store (Android) OR App Store (iOS).
   Step 2	The User will be prompted with a pop-up notification seeking permission for location detection. FantomPlay confirms that they shall be using Google Location APIs for verifying location of the User, to ensure compliance with the local laws permitting participating of the User in the Contest/s.
   Step 3	User will have to grant location detection permission to proceed further.
   Step 4	If User selects “Allow” while using the App, it would be appropriately applied.
   Step 5	If User selects “Allow Only Once” the User will be able to proceed.
   Step 6	If User selects “Never” or “Don’t Allow”, the User will not be able to proceed further. In that case the User will have to go to settings on his mobile phone and change the permission to proceed further. This will be conveyed to the User in the form of a pop-up notification.
   Step 7	Once permission is granted, the User will be able to proceed further to the basic Sign-Up page where FantomPlay will be taking only one piece of User Information to allow the User to proceed after Sign Up.
   Step 8	Individuals from Restricted States will not be able to proceed further. A pop-up notification informing them about the reason for restriction will be mentioned.
   Step 9	User will have to first sign-up to proceed further before having any access to any features or services that are available on the App (“FantomPlay Services”). User is provided with two options for sign-up being either Mobile Number Authentication and/or Email Id Authentication (“Verification/Authentication”).
   Step 10 (if applicable)	When the User has to sign up, a field will be made available to them where User can enter the Referral Code, in case User has been referred by a friend and has the Referral Code available (“Referral Code”). Once the User enters a valid Referral Code, both the User and the concerned referee will be entitled to the referral amount (as per the Referral Code) in their respective Bonus Amount Accounts (“Bonus Amount Accounts”).
   Step 11	After the initial Sign-Up Authentication/Verification is complete, the User will be directed to Personal Info / Verify Account Page (“Personal Info Page”/ “Verify Account Page”). As soon as the respective Authentication (Mobile Number or Email) is complete, the User will be provided with a system generated username which will be visible on the User’s Personal Info page (“Username”).
   Step 12	A User can change the system generated username to a username of their choice. However, such a change will only be permitted once in the pendency of the User’s Account with FantomPlay for security and authenticity reasons Once the User changes the system generated username and saves the information, this field will be permanently locked, and the User will not be permitted to ever change his/her/their User Name. The User will have to enter all the fields in the Personal Info Page before being able to access the Verify Account Page. This is being done to ensure that the details entered by the User match with the Verify Account Page. FantomPlay will be completing the process of verification/authentication of the User’s Account on the Verify Account section of the App through an external vendor. Verification/Authentication completed through such an external vendor shall be final and binding on the User, unless there are queries raised by the external vendor which are resolved by the User to the satisfaction of the external vendor and resultantly, FantomPlay. The User will have the option to enter the details on the Personal Info Page and Verify Account Page or ‘Skip for now’ and proceed to the Home Page to explore the App further. It is clarified that unless the User Registration Process (Sign-up + Account Verification) is complete, the User will not be able to pay the Entry Fee for the Contest/s and/or participate in any of the Contests.

2. Personal Info as required to be provided by the User.

   The Personal Info Page will have the following separate fields for the User to enter details. For an individual to be able to join/participate or register in any of the Contest/s, following details will have to be provided by such individual.

   • First Name (Mandatory)
   • Last Name (Mandatory)
   • Username (Auto generated Generic Name prefilled, which can be modified to a Username of choice)
   • Date of Birth (Mandatory)
   • Gender (Mandatory)
   • Mobile Number (Mandatory)
   • Email Address (Mandatory)
   • State of Residence (Mandatory)

   The individual will also have to declare that the individual is at least eighteen (18) years old or above and is not a resident of a Restricted State.

3. Account Verification.

   The Verify Account Process is mandatary for a User to submit documents for Account Verification before the User can join by paying an entry fee, participate or register in any of the Contest/s on the App (“Entry Fee). Users will have to upload the necessary documents – Proof of Residence, PAN CARD, Bank Statement and submit for verification. Details of the five items required for Account Verification accomplished through an external vendor, who is obligated to retain and take the necessary measures to protect the privacy of data shared by the Users for Account Verification.

   • Mobile Number (OTP Verified)
   • Email Address (OTP Verified)
   • Proof of Residence (Aadhaar/Driving License/ Voter Id/ Passport)
   • PAN CARD (Verification through external vendor)
   • Bank Details (Verification through Vendor)

4. It is clarified that the User will be able to participate in contests once information on the Personal Info Page is completed and Mobile Number, Email Address, Proof of Residence is furnished and verified. After the Account Verification is complete, User can proceed to Add Cash in the wallet. Complete Personal Info Page and Complete Verify Account Page would mean KYC Completed.

5. A User will not be able to withdraw any amount from their Winning Amount Account unless such User has completed the PAN Card Verification and Bank Details Verification.

6. It is clarified that in case the uploaded Bank Statement and User Bank Account belongs to a Restricted States address, then the User will not be able to either add and/or withdraw the money.

Registration For A Contest

1. In order to register for the Contest(s), Participants are required to accurately provide the following information:

   • Given name in full as appearing in the approved IP Proof
   • Valid e-mail address
   • Password
   • State of Residence
   • Gender
   • Date of birth
   • PAN Card Number
   • Aadhar/Passport
   • Valid Bank Account details

2. Users are also required to confirm that they have read, and shall abide by, these Terms and Conditions.

3. It may be noted that the details of the Users as provided will be verified by FantomPlay using third-party services from Payment Gateways for determining authenticity of the information provided by the User at the time of registration.

4. In the event a User indicates, while entering an address, that he/she/they is a resident of either Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana, access to any Contest(s) paid or otherwise will not be accessible to such User.

5. Once the User has entered the above information, and clicked on the “register” tab, the User account is created with the above information (“User Account”).

6. The User will be held liable for any misinformation and any such misinformation may result in temporarily or permanently barring such a User from participating in any Contest(s) on FantomPlay.

7. If the details of the User, as provided to FantomPlay at the time of registration, are not verified and/or authenticated, the User will not be permitted to participate in any Contest(s) until such time as the accurate and correct details are provided by the User.

8. A User will not be permitted to participate in any Contest(s) on FantomPlay unless such verification is done successfully by FantomPlay.

9. At a single instance a User will only be permitted to access the App from a single device. In the event that a User attempts to log in to the App/their account from a different device, the User will be logged off from the User’s account on the earlier device.

10. User can only have a single account related to a single set of personal documentation and the account of any User found to be attempting to create multiple accounts may be suspended or deleted, at the sole discretion of FantomPlay.

User Conduct

1. Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the App. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, FantomPlay may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:

   • Restricting, suspending, or terminating any User's access to all or any part of FantomPlay;
   • Deactivating or deleting a User's account and all related information and files on the account;
   • Transferring any amount remaining unused in the User's Amount Unutilised Account or Winnings Amount Account (subject to deduction of applicable TDS with effect from 1st April 2023, as applicable) on the date of deactivation or deletion to the User's bank account on record with FantomPlay subject to a processing fee (if any) applicable on such transfers as set out herein; or
   • Refraining from awarding any prize(s) to such User.

2. Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by FantomPlay). Users further agree to update and keep updated their registration information, save and except User Name (which can only be changed once), after completing the necessary verifications.

3. Users agree and acknowledge that the address related details provided, if any, by the User shall be treated as “Address on record” of the User for the purposes of Goods and Service Tax Act. In the event of the change in such details, the User shall promptly update their profile on the FantomPlay platform or write to FantomPlay at contact@fantomplay.com.

4. A User shall not register or operate more than one User account with FantomPlay.

5. Users agree to ensure that they can receive all communication from FantomPlay by marking e-mails or sending SMSs from FantomPlay as part of their "safe senders" list. FantomPlay shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User's junk or spam folder.

6. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify FantomPlay of any unauthorized use of accounts or any other breach of security.

7. FantomPlay shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.

8. Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorized third-party software designed to modify or interfere with FantomPlay and/or FantomPlay experience or assist in such activity.

9. Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying FantomPlay or FantomPlay’s Services.

10. Users agree that without FantomPlay's express written consent, they shall not modify or cause to be modified any files or software that are part of FantomPlay's Services.

11. Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support FantomPlay or the FantomPlay’s Services (each a "Server"); or (2) the enjoyment of FantomPlay Services by any other User or person.

12. Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt FantomPlay Services or any other person's use or enjoyment of FantomPlay Services.

13. Users shall not attempt to gain unauthorized access to the User accounts, Servers or networks connected to FantomPlay Services by any means other than the User interface provided by FantomPlay, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of FantomPlay Services.

14. User shall not to publish any content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

15. Without limiting the foregoing, Users agree not to use FantomPlay for any of the following:

    • To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
    • To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
    • To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
    • To transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, FantomPlay, any software, hardware, or telecommunications equipment;
    • To advertise, offer, or sell any goods or services for any commercial purpose on FantomPlay without the express written consent of FantomPlay;
    • To download any file, recompile, or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
    • To falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or the source of software or other material;
    • To restrict or inhibit any other user from using and enjoying any public area within our sites;
    • To collect or store personal information about other Users;
    • To interfere with or disrupt FantomPlay, servers, or networks;
    • To impersonate any person or entity, including, but not limited to, a representative of FantomPlay, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
    • To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through FantomPlay or to manipulate User's presence on the FantomPlay App/platform;
    • To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
    • To engage in any illegal activities. Users agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum;
    • To engage in any action that threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation.

16. If a User chooses a username that, in FantomPlay's considered opinion is obscene, indecent, abusive or that might subject FantomPlay to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, FantomPlay reserves the right, without prior notice to the User, to restrict usage of such names, which in FantomPlay’s opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and posts from FantomPlay, deny such User access to FantomPlay, or any combination of these options.

17. Unauthorized access to FantomPlay is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access FantomPlay by any means other than through the interface that is provided by FantomPlay for use in accessing FantomPlay. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

18. Use of FantomPlay is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit FantomPlay's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of FantomPlay.

19. Users may reach out to FantomPlay at contact@fantomplay.com if the User has any concerns with regard to a match and/or contest within Forty Eight (48) hours of winner declaration for the concerned Contest.

20. User hereby confirms that they are participating in a Contest (s) in personal capacity and not in the course of business and/or profession.

Condition Of Participantion

By entering a Contest, User agrees to be bound by these Terms & Conditions and the decisions of FantomPlay. Subject to the terms and conditions stipulated herein below, FantomPlay, at its sole discretion, may disqualify any User from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the User engages in unfair conduct, which FantomPlay deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users which includes, but is not limited to:

• Falsifying one's own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by FantomPlay to enter a contest and/or claim a prize/winning);
• Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the User;
• Colluding with any other User(s) or engaging in any type of syndicate play;
• Any violation of Contest Rules or these Terms and Conditions;
• Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
• Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose;
• Any type of misuse of Bonus Amount Account, misuse of the Refer & Earn program, or misuse of any other offers or promotions;
• Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
• Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to FantomPlay Users, sending unwarranted email content either to selected Users or in bulk); or
• Abusing the Website in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of abuse).

It is clarified that in case a User is found to be in violation of this policy, FantomPlay reserves its right to initiate appropriate civil/criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.

Rules Of Quizzes

1. Prizes/Winning Amount will be transferred to the Winning Amount Account (“Winning Amount Account”) of the winner. (“Winner”)

2. FantomPlay will not permit the transfer of any amount from Winnings to any other User’s Winning account or a third-party account.

3. At the time of withdrawal, the User will not be able to transfer the winning amount to a bank account which is not registered in the name of the User.

4. Users acknowledge that transactions on FantomPlay may take up to 48 hours to be processed. User agrees not to raise a complaint or claim against FantomPlay in respect of any delay, including any compensation and/or benefit for any lost opportunity to join any Contest due to the delay in crediting the transaction into the Winning Amount Account of the User.

5. Under Live Contests and All-Day Live contests, FantomPlay reserves the rights to cancel a contest due to insufficient number of participants in the Contest. In such a scenario of Contest/s being cancelled, the entry fee paid in respect to the Contest shall be returned to the account of the User without any deductions or charges.

6. FantomPlay shall not be liable for any network outage or any problems/interruptions with network connectivity or any interruptions due to User receiving incoming calls, SMS, messages, chats, video calls or any other interruptions on the User’s device through which is participating in the Contest or any other circumstances beyond the control of the User.

7. The Contest/s will continue despite interruptions at User’s end the User shall assume complete responsibility for such interruptions in between Contest/s, etc.

8. In case the User exits from the playing screens mistakenly or willingly the Contest/s, no compensation refund of the entry fee amount will be given.

9. The User agrees that FantomPlay is not responsible or will be considered liable for the losses occurred and the User assumes complete responsibility due to the User’s device failure for whatever reason and for User’s decision to exit from playing screens.

Intellectual Property

1. FantomPlay includes a combination of content created by FantomPlay, its partners, affiliates, licensors, associates, and/or Users. The intellectual property rights in all software underlying FantomPlay and the Platform, App, and the Website and material published on FantomPlay, including (but not limited to) Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings, and flash animation, are owned by FantomPlay, its partners, licensors, and/or associates (“Intellectual Property Rights”). Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on FantomPlay either in whole or in part without express written license from FantomPlay.

2. Users may request permission to use any FantomPlay content by writing in to contact@fantomplay.com.

3. Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on FantomPlay ("Users' Content"). Each User represents and warrants that they own all Intellectual Property Rights in the User's Content and that no part of the User's Content infringes any third party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights of any third party on FantomPlay. Users agree to indemnify and hold harmless FantomPlay, its directors, employees, affiliates, and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights on FantomPlay, by such User or through the User's commissions or omissions.

4. Users hereby grant to FantomPlay and its affiliates, partners, licensors, and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users' Content for any of the following purposes:

   • Displaying Users' Content on FantomPlay
   • Distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or
   • Storing Users' Content in a remote database accessible by end users, for a charge.

5. This license shall apply to the distribution and the storage of Users' Content in any form, medium, or technology.

6. All names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights on FantomPlay belonging to any person (including User), entity, or third party are recognized as proprietary to the respective owners and any claims, controversy, or issues against these names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights must be directly addressed to the respective parties under notice to FantomPlay.

Third Party Sites, Services And Products

1. FantomPlay may contain links to other websites/internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. FantomPlay does not exercise control over any websites/internet sites apart from FantomPlay and cannot be held responsible for any content residing in any third-party websites/internet sites. FantomPlay's inclusion of third-party content or links to third-party websites/internet sites is not an endorsement by FantomPlay of such third-party websites/internet sites.
2. Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users' correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that FantomPlay will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
3. FantomPlay contains content that is created by FantomPlay as well as content provided by third parties. FantomPlay does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not be relied upon by the Users in utilizing the FantomPlay Services provided on the App and/or the Website including while participating in any of the Contest/s hosted on FantomPlay.

Discount & Bonus Amount & Promotional Offers:

1. FantomPlay may from time to time conduct promotional activities and provide incentives by offering discounts to the User which may be utilized for selective contests or all contests depending on the nature of Discount offered (“Discount Points”).
2. Discount offers may be subject to a validity period. The User can utilize these discounts for a limited period and shall not be able to utilize or claim such discounts once the validity period has expired.
3. These discount offers may be subject to relative terms and conditions which will be mentioned at the time of the offer for the discounts. The User will be bound by these terms and conditions.
4. Offering Discounts to User is subject to sole discretion of FantomPlay and User cannot demand such discounts as a matter of right.
5. The Discounts are not withdrawable and cannot be transferred to any other User, any other User Account or a bank account not registered against the particular User.
6. If User terminates the account or FantomPlay terminates User account, the User will not have any right or interest on the Discounts.
7. FantomPlay offers 3 types of Discounts:

   1. Bonus Amount:

      FantomPlay, in one of its Promotional Offer may deposit a particular amount for the User in Users Bonus Amount Account (“Bonus Amount”).

      The User can use the amount added in the Bonus Amount Account to participate in contest/s provided Bonus amount is applicable for such a contest. Whether Bonus amount is applicable for any contest, it will be specified on the relevant pages of the Contest/s.

      The User will only be able to use a pre-designated percentage of discount amount applicable to a relevant contest. The Discount Amount percentage will be applicable on the Entry Fee amount.

   2. Deposit Amount Bonus Points:

      All Discount Points will be valid for a period of 90 (ninety) days from the date of award of points.

      Discount Points cannot be transferred or withdrawn.

      Discount Points are awarded on every successful deposit into the User Account.

      In the event where the amount in the deposit amount is withdrawn, the discount points assigned on the deposit amount will be captured and the User will not be able to utilize the deposit discount points.

      A maximum of 22% of the Entry Fee may be deducted from the Deposit Amount Bonus Points Account.

   3. Promotional Discount Coupons:

      FantomPlay may conduct a promotional activity from time to time, at its sole discretion and offer Users discount coupons on applicable contests.

      Each Discount Coupon may be applicable with specific terms and conditions.

      These Discount Coupons maybe subject to timeframe validities.

      In case there is a conflict with these terms and terms specific to the discount coupons, the terms of Discount Coupons shall prevail.

Contests

Apart of its services, FantomPlay makes available the contest(s) on the App/Website/Platform (“Contest/s”).

FantomPlay has three different contest formats:

1. Public Contests: Users participate with other Users involving a monetary prize pool and Entry Fee.
2. Practice Contests: Users participate with other Users without any monetary prize pool or Entry Fee.
3. Private Contests: Specific group of Users participate with restricted participation.

Currently, following contests types are made available on FantomPlay App:

Premiere

• Online pool based contest based on latest movie release.

• This Contest will be a paid contest.

• Participant will only get access to the contest if they have paid for it.

• Contest will be conducted LIVE on the first weekend of the release of the movie.

• Contest will be about all information from the movie on which the Contest will be conducted.

• The aim of the Contest is to check how many details of the movie the participants remember correctly and answer within time.

• A pre-decided pool of people, total pool of prize money, individual prizes from 1 to a pre-calculated number basis the pool of people will be displayed for every contest.

• Contest will open at a pre-scheduled time that will be communicated in advance to all paying participants.

• Contest will consist of 15 MCQs that will be revealed in a successive manner.

• Each question will have a fixed number of points attached to it.

• Participants will get 20 seconds to respond with their chosen answer. This will be displayed through an on-screen timer that will tick in reverse.

• Once the participant chooses their answer, the response will get locked on screen. The time taken by the participant to tap their answer will also be recorded.

• Once the 20 seconds time lapses, the right answer will be displayed.

• The participants will get to see if their response has been right or wrong on screen.

• Wrong responses will not get any points.

• Right responses will get the participant points and the time taken by them to give the right response will also be displayed.

• This will get recorded in a leader board that will be displayed on screen.

• This will help the participants see their relative position in the contest.

• The position of the participant will be determined by the speed of response – fastest response will get a higher position.

• Once the contest is over, the leader board of all participants will be displayed.

• The prize money allocation will be done basis their relative position on the leader board and the committed prize money distribution allocation displayed prior to the Contest starting.

• The winning amount of winners will be transferred to their respective accounts.

• This amount can be withdrawable by the participants on providing the necessary KYC documentation as per RBI rules and regulations.

• This amount will be auto-deducted, after prior intimation to the participant, for them paying for any upcoming Contests only after they exhaust the amount they have deposited.

• Deposit amount once paid cannot be withdrawn. Deposit amount can only be withdrawn when participant wants to exit the FantomPlay platform for which they will need to make a formal application as provided in these Terms and Conditions.

Action Replay

• This contest is exactly similar to the PREMIERE contest described above with the key difference being that it will be about the match of the day.

• This contest will be conducted LIVE during the course of the match – at pre-determined intervals like end of first innings, end of second innings or after the first powerplay, etc.

• This Contest will be about all information from the happenings on the field till the time of the pre-determined interval.

• The aim of the Contest is to check how many details of the match the participants remember correctly and answer within time.

• The rest of the mechanism of the Contest under this category will be exactly similar to the Premiere Contest described above.

Fanzone (Cricket & Entertainment)

• Online multiplayer Contest that will be displayed on the App interface at all times.

• There will be multiple such Contests open to registration at all times.

• These Contests will be about trivia based on individual film stars.

• Each contest card will give details on:

  • Topic of Contest
  • Number of participants needed to fill the quorum for the contest to get activated
  • Number of participants who have already registered and are waiting for others to join
  • Timer ticking in reverse that displays the time within which the participant needs to choose to play the Contest
  • Contest fee per participant
  • Number of winners from the quorum
  • Total Prize Money to be won
  • Winning User’s prize money and distribution of the total prize money if the contest is going to reward more than just the number 1 winner

• The moment the quorum for the participants is filled the Contest will be opened.

• Each Contest will have 10-15 multiple choice questions that will be revealed in a successive manner.

• There will be a 20 sec timer that will tick in reverse.

• The right answer to the question will be revealed before moving on to the next question.

• The participant’s response is recorded along with the time they have taken to respond.

• This will be displayed on the screen so that each participant knows their exact position.

• The participant with the maximum number of correct answers in the shortest amount of time will be declared the winner.

• The winning amount of winners will be transferred to their respective accounts.

• This amount can be withdrawable by the participants on providing the necessary KYC documentation as per RBI rules and regulations.

• This amount will be auto-deducted, after prior intimation to the participant, for them paying for any upcoming contests only after they exhaust the amount they have deposited.

• Deposit amount once paid cannot be withdrawn. Deposit amount can only be withdrawn when participant wants to exit the FantomPlay platform for which they will need to make a formal application as mentioned in the Terms and Conditions.

• Potential Scenario: If the timer lapses and the quorum is not filled

  • The timer restarts in reverse.
  • It continues to display how many have registered for the Contest.
  • The ones who have paid and waited for the contest to start will have their fees transferred back to the deposit account on the app.
  • They need to check again if the contest that they want to play has other Users joining in.
  • The moment the balance quorum is filled then the initial Users who have paid for the contest will be intimated through push notification so that they can choose to join the same Contest.

Box Office

The mechanics of these contests remain exactly as per those of FANZONE contests described above, except these contests will be about blockbuster movies and not about individual celebrities.

Skill Pitch

• Online pool based Contest based on the match of the day.

• Contest will be a paid contest.

• Participants with a solid knowledge of the game, the teams playing, the performances of the individual players, the playing conditions, the pitch quality, etc will get an opportunity to display their analytical skills by forecasting the statistics of the match across multiple parameters.

• The Contest is about the numerical possibilities of the entire match across both teams put together.

• The Contest is hence agnostic of the playing teams or any specific players.

• The total pool of participants, total prize money, and the prize money distribution details will be displayed on the app in the contest card.

• There will be several such SKILL PITCH contests with different participant pools and prize money pools that will be available for participants to choose from (“Prize Money Pool”).

• Paying participants will have to enter their Scorecards for the match in advance to the match starting.

• The fields in the scorecards will need to be manually fed by the participant.

• Mandatory Fields:

  • Total Number of Runs that will be scored in the match
  • Total Number of Wickets that will fall in the match
  • Total Number of Extras that will be given in the match
  • Runs that will be scored by the Highest Individual Run Scorer

• Runs Based - Choose Any One from:

  • Number of 0’s in the match
  • Number of 1’s in the match

• Runs Based - Choose Any Two from:

  • Number of 2’s in the match
  • Number of 4’s in the match
  • Number of 6’s in the match

• Wickets Based - Choose Any Two from:

  • Wickets by Caught Out
  • Wickets by Bowled
  • Wickets by LBW
  • Wickets by Stumped
  • Wickets by Run Out

• Extras Based - Choose Any Two from:

  • Extras by Wides
  • Extras by No Balls
  • Extras by Leg Byes
  • Extras by Byes

• Each of these fields will have points and value attached to them that will determine the points scored by the participants.

• In addition to these points, there are two other tiers that will be applicable:

  • If the participant’s entries in any one of the Wickets Based fields exactly match the actual outcome of the match, then the participant gets extra points as BINGO.
  • If the participant’s entries match even on their second field in the Wickets Based fields, then the participant gets double BINGO points.
  • If the participant’s entries in Extras Based fields exactly match the actual outcome of the match, then the participant gets extra points as BINGO.
  • If the participant’s entries match even on their second field in the Extras Based fields, then the participant gets double BINGO points.
  • If the participant’s entries in Total Number of Wickets + both entries in Wickets Based fields match exactly with the actual outcome of the match, then the participant gets extra points as JACKPOT.
  • If the participant’s entries in Total Number of Extras + both entries in Extras Based fields match exactly with the actual outcome of the match, then the participant gets extra points as JACKPOT.

• Participants thus stand to get extra points over and above the points accumulated basis assigned values of the individual fields on a total of minimum 1 and maximum 6 occasions.

• The App will have API integration with a credible score and statistics recording website that will be displayed during the match.

• A leader board will start getting populated once the match starts and the participants will get to see how their entries across the various fields are performing vis-à-vis the actual happenings in the match.

• The points they accumulate will be finally calculated and displayed on the app along with the leader board at the end of the match once all the statistics are final.

• The prize money distribution amounts will be mentioned alongside on the leader board.

• The winning amount of winners will be transferred to their respective accounts.

• This amount can be withdrawable by the participants on providing the necessary KYC documentation as per RBI rules and regulations.

• This amount will be auto-deducted, after prior intimation to the participant, for them paying for any upcoming contests only after they exhaust the amount they have deposited.

• Deposit amount once paid cannot be withdrawn. Deposit amount can only be withdrawn when participant wants to exit the FantomPlay platform for which they will need to make a formal application as these Terms and Conditions.

The format and Rules of Participation for each Contest currently being offered by FantomPlay can be found here along with the details regarding the Point System and are a part of these Terms and Conditions.

TAX

• All Winnings shall be subject to tax as per the statutory requirements as amended from time to time.
• The winners declared by FantomPlay agree to pay the applicable taxes in compliance with the policy/ies as may be applicable.
• Bonus Amount provided by FantomPlay to Users for promotional campaigns are exempted from TDS deductions.
• In case of any new amendments or change in the TDS rules as per relevant law will be applied by FantomPlay and the new rule or mandate will be made applicable.
• FantomPlay will not be responsible for any of any individual tax liabilities of any of its Users.

• GST

  1. With effect from 1st October, 2023, 28% GST is applicable on the Amount deposited by the User in their Deposit Amount Account with FantomPlay platform.
  2. Through Invoices available on ‘My Transactions’ User will be able to view the GST paid on each deposit by the User.
  3. FantomPlay shall also send the GST invoice on the registered email provided by the User.

• TDS

  1. Effective 1st April 2023, as per Section 194BA of the Income Tax Act, 1961, 30% TDS will be applicable to the positive Net Winnings which are earned by the Users.
  2. TDS will be applicable only at the instance when the User initiates a withdrawal of their positive Net Winnings.
  3. The applicable period for TDS deductions will be as per a single Financial Year. So, the Financial Year would be 1st April to 31st March. If the User chooses to withdraw at any time during the Financial Year, TDS would be triggered on Net Winnings. In the circumstance, where Users do not withdraw any amount in the Financial Year, FantomPlay will calculate the Net Winnings of the Users and TDS will be accordingly deducted at the end of the Financial Year.
  4. To summarize, TDS will be applicable on Net Winnings at the time of:
     • Every withdrawal throughout the Financial Year OR
     • If no amount is withdrawn, then at the end of the Financial Year (31st March)
  5. Calculation for Net Winnings for Withdrawals throughout the Financial Year.
     • Net Winnings = A – B – C – D where:
     • A = Total Withdrawals including Current Withdrawal Amount
     • B = Total Deposits
     • C = Balance in User Account at the beginning of the Financial Year
     • D = Amount of which TDS already deducted
     • TDS will be calculated as 30% of Net Winnings
     • TDS = 0.30 * Net Winnings
  6. Calculation for Net Winnings for Withdrawals at the end of the Financial Year.
     • Net Winnings = (E + A) – B – C – D where:
     • A = Total Withdrawals + Current Withdrawal Amount
     • B = Total Deposits
     • C = Balance in User Account at the beginning of the Financial Year
     • D = Amount of which TDS has already been deducted
     • E = Closing Balance at the End of the financial year
     • TDS will be calculated as 30% of Net Winnings
     • TDS = 0.30 * Net Winnings
  7. Important aspects of TDS that can be included in TDS apart from whatever is relevant from the aforementioned details.
  8. TDS Certificates will be provided. They will be sent on the Registered Email address to each User and will also be available for download on the App under “My Wallet” in “My Transactions”.
  9. TDS will be paid at the end of every quarter and accordingly, the certificates will be available for download on the App approximately fifteen (15) days post the end of the quarter which the TDS payment pertains to. This is an estimated time and the availability for download may differ by a few days. The downloads will only be available provided only in scenarios of such TDS deductions being applicable.
  10. In compliance with section 269SU of the Income Tax Act, payments on the App made through UPI/NEFT/RTGS/IMPS or any other e-modes are encouraged.

PAYMENT TERMS

1. Users by participating in a Contest(s) hereby authorize FantomPlay to appoint a third party/ trustee/escrow agent to manage users funds on users behalf. In respect of any transactions entered into on the App and/or the Website, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:

   1. The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated Platform Fee for access to services offered by FantomPlay on the App and/or Website charged by FantomPlay and pre-determined participant’s contribution towards prize money pool ('Platform Fee').

   2. Subject to these Terms and Conditions, all amounts collected from the User are held in a separate non-interest earning bank accounts. The said accounts are operated by a third party appointed by FantomPlay in accordance with Clause 10 of these Terms and Conditions. From these bank accounts, the payouts can be made to:

      • (a) Users (towards their withdrawals)
      • (b) FantomPlay (towards its Platform Fees)
      • (c) Government (towards GST payable)
      • (d) Government (towards TDS on the net amount in the Winnings Amount Account)

   3. The FantomPlay reserves the right to charge a Platform Fee, prior to a User's joining of such Contest. The Platform Fee will be debited from the User’s account balance.

   4. From 1st October, 2023, 28% GST is applicable on the amounts deposited by the User in their Deposit Money Account with FantomPlay. User can view the GST paid on each deposit through invoices on ‘My Transaction’ page.

   5. User may participate in a Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. It is clarified that FantomPlay has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User’s account balance.

   6. Any user availing FantomPlay services are provided with two categories of accounts for the processing and reconciliation of payments:

      • (i) 'Amount Unutilised' Account
      • (ii) Winning Amount Account
      • It is clarified that in no instance the transfer of any amounts in the User's accounts to any other category of account held by the user or any third party account, including a bank account held by a third party:

   7. User's winnings in any Contest will reflect as credits to the User's Winnings Account.

   8. User’s remitting the amount through the designated payment gateway shall be credited to User’s ‘Amount Unutilised Account’.

   9. Each time a User participates in any Contest on the App and/or the Website, as the case maybe, the pre-designated amount shall be debited from the User’s account. In debiting amounts from the User’s accounts towards the pre-designated amount of such user shall be debited from the User’s ‘Amount Unutilised Account and thereafter, any remaining amount of participation fee shall be debited from the User’s Winning Account.

   10. In case there is any amount remaining to be paid by the User in relation to such User’s participation in any Contest(s), the User will be taken to the designated payment gateway to give effect to such payment. At the time of making deposit, the User agrees that FantomPlay will collect applicable Government Taxes (such as GST @ 28%) in addition to the amount to be deposited by the User in its Amount Unutilised account. This will be duly reflected by FantomPlay to the User at the time of making payment. In case any amount added by the User exclusive of applicable Government Taxes (such as GST @ 28%) through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s ‘Amount Unutilised’ Account and will be available for use in participation in any Contest(s). If there is any request for withdrawal of amount deposited in ‘Amount Unutilised’ Account, such refund request shall be processed net of GST i.e. applicable 28% GST paid on amount deposited in ‘Amount Unutilised’ Account shall not be eligible for refund as per applicable government laws.

   11. Debits from the ‘Amount Unutilised’ Account for the purpose of enabling a user’s participation in a Contest shall be made in order of the date of credit of amounts in the ‘Amount Unutilised’ Account, and accordingly amounts credited into ‘Amount Unutilised’ Account earlier in time shall be debited first.

   12. Withdrawal of any amount standing to the User's credit in the Winning Amount Account may be made by way of a request to FantomPlay. FantomPlay shall effect an online transfer to the User's bank account on record with FantomPlay within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winning Amount Account. FantomPlay shall not charge any processing fee for the online transfer of such amount from the Winnings Account to the User's bank account on record with FantomPlay. Users are requested to note that they will be required to provide valid photo identification, PAN Card and address proof documents for proof of identity and address in order for FantomPlay to process the withdrawal request. The name mentioned on the User's photo identification document should correspond with the name provided by the User at the time of registration on FantomPlay, as well as the name and address existing in the records of the User's bank account as provided to FantomPlay. In the event that no bank account has been registered by the User against such User's account with FantomPlay, or the User has not verified their User account with FantomPlay, to FantomPlay 's satisfaction and in accordance with these Terms and Conditions, and in case the User fails to register a bank account with their User Account and/or to verify their User Account, FantomPlay shall not transfer any Winning amounts to the User.

   13. Users agree that once they confirm a transaction on FantomPlay, they shall be bound by and make payment for that transaction.

   14. The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that FantomPlay has on third parties, any transactions on FantomPlay Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User's 'Amount Unutilised' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Amount Unutilised' Account or Winnings Account balance. Similarly, the utilization of any discount points or discount bonus or money debited from 'Amount Unutilised' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Amount Unutilised' Account or Winnings Account balance. Users agree not to raise any complaint or claim against FantomPlay in respect of any delay, including any lost opportunity to join any Contest due to delay in crediting of transaction amount into any of the User's accounts

   15. A transaction, once confirmed, is final and no cancellation is permissible.

   16. FantomPlay may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.

VOLUNTARY TERMINATION OF ACCOUNT

• If the User would like to discontinue use of FantomPlay Services at any time and would like to voluntarily terminate their User Account, the User could do so by intimating FantomPlay at contact@fantomplay.com of the User’s desire to do so (“Voluntary Termination”).

• In the scenario where there is positive withdrawable Cash Balance in the Account of a User, subject to satisfactory verification by FantomPlay, FantomPlay will disburse the same to the User through Online Transfer or by issuing a cheque within reasonable time frame.

• Under the circumstance where the User would like to reinstate their account after Voluntary Termination, the User will be required to send their request to FantomPlay by emailing the same at contact@fantomplay.com clearly specifying their request to re-register after Voluntary Termination and FantomPlay may reinstate the User’s account pursuant to conducting the necessary verifications.

• The aggregate balance of the User’s Deposit Amount Account and Winning Amount Account in their User Account constitutes for a positive Withdrawable Cash Balance. The balance Bonus Amount and Discount Bonus Points, if any, in the Account of the User at any given time, as per the policy of FantomPlay, is not a withdrawable amount. User shall, under no circumstance have any right to demand a Withdrawal of and/or encash the Bonus Amount and/or the Discount Bonus Points.

PUBLICITY

• Acceptance of a prize by a User declared as a winner in a Contest shall constitute permission for FantomPlay, and its affiliates to use such Winning User’s name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever.

• A Winning User further undertake that they will be available for promotional purposes as planned and desired by FantomPlay without any charge. The exact dates remain the sole discretion of FantomPlay. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.

GENERAL CONDITIONS

• If it comes to the notice of FantomPlay that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of FantomPlay that conduct of any such Contest(s) is prohibited, then FantomPlay shall withdraw and / or cancel such Contest(s) without prior notice to any Participants or winners of any Contest(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest or Contest it in any manner.

• Employees of FantomPlay will not be eligible to participate in any Contest(s).

DISPUTE RESOLUTION

• The courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the FantomPlay Services provided by FantomPlay (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) or FantomPlay, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below (“Disputes”). All such issues and questions shall be governed and construed in accordance with the laws of India.

• Nothing contained in these Terms and Conditions shall prevent FantomPlay from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard FantomPlay's interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of FantomPlay to pursue any remedy for monetary damages through the arbitration described herein.

RESPONSIBLE PLAY

• While FantomPlay is all about providing first-rate entertainment to its Users, FantomPlay is conscious of its moral responsibility to ensure the psychological well-being of its Users. Accordingly, FantomPlay has introduced measures as enumerated below for achieving its goal of Responsible Play:

  • Players must be 18 years and above to participate in cash-based Contests.
  • Players from Restricted States are prohibited from playing Cash-based contests.
  • Players have the option to set up their daily and monthly playing limits. For more details kindly refer to Add Cash Limits.
  • Players can contact us and place a request to temporarily block their accounts if they would like to take a break from playing cash-based Contest/s.

• FantomPlay strictly adheres to anti-money laundering protocols to ensure a secure and compliant environment through assistance of its vendors/escrow agents responsible for User Verification and trusteeship of funds deposited on the Platform.

RELEASE AND LIMITATIONS OF LIABILITY

• Users shall access the FantomPlay Services provided on FantomPlay voluntarily and at their own risk. FantomPlay shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the FantomPlay Services (including participation in the Contest(s)) or as a result of acceptance of any prize.

• By entering the contests and accessing the FantomPlay Services provided therein, Users hereby release from and agree to indemnify FantomPlay, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the FantomPlay Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.

• FantomPlay accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes.

• Users shall be solely responsible for any consequences which may arise due to their access of FantomPlay Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to FantomPlay Services, including provision of incorrect address or other personal details. Users also undertake to indemnify FantomPlay and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by FantomPlay on account of such act on the part of the Users.

• Users shall indemnify, defend, and hold FantomPlay harmless from any third party/entity/organization claims arising from or related to such User's engagement with the FantomPlay or participation in any Contest. In no event shall FantomPlay be liable to any User for acts or omissions arising out of or related to User's engagement with the FantomPlay or his/her participation in any Contest(s).

• In consideration of FantomPlay allowing Users to access the FantomPlay Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against FantomPlay, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of FantomPlay Services or related to the Contests or the prizes of the Contests.

DISCLAIMERS

• To the extent permitted under law, neither FantomPlay nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.

• To the extent permitted under law, FantomPlay shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, FantomPlay services or sites, cancellation of competition and prizes. FantomPlay disclaims any responsibility for, and if a User pays for access to one of FantomPlay's Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by FantomPlay's maintenance on the servers or the technology that underlies our sites, failures of FantomPlay's service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, FantomPlay does not provide any warranty as to the content on the FantomPlay(s). FantomPlay(s) content is distributed on an 'as is, as available' basis.

• Any material accessed, downloaded or otherwise obtained through FantomPlay is done at the User's discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User's computer system or loss of data that results from a User's download of any such material.

• FantomPlay shall make best endeavours to ensure that the FantomPlay(s) is error-free and secure, however, neither FantomPlay nor any of its partners, licensors or associates makes any warranty that:

  • the FantomPlay(s) will meet Users' requirements,
  • FantomPlay(s) will be uninterrupted, timely, secure, or error free
  • the results that may be obtained from the use of FantomPlay(s) will be accurate or reliable; and
  • the quality of any products, FantomPlay Services, information, or other material that Users purchase or obtain through FantomPlaycom(s) will meet Users' expectations.

• In case FantomPlay discovers any error, including any error in the determination of Winning User/s or in the transfer of amounts to a User's account, FantomPlay reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, FantomPlay agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.

• To the extent permitted under law, neither FantomPlay nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.

• Any FantomPlay Services, events or Contest(s) being hosted or provided, or intended to be hosted on FantomPlay platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant FantomPlay Services, events or Contest(s) are hosted or provided.

• To the extent permitted under law, in the event of suspension or closure of any Services, events or Contests, Users shall not be entitled to make any demands, claims, on any nature whatsoever.

MISCELLANEOUS

• FantomPlay may be required under certain legislations, to notify User(s) of certain events. User(s) hereby acknowledge and consent that such notices will be effective upon FantomPlay posting them on the FantomPlay or delivering them to the User through the email address provided by the User at the time of registration. User(s) may update their email address by logging into their account on the FantomPlay. If they do not provide FantomPlay with accurate information, FantomPlay cannot be held liable for failure to notify the User.

• FantomPlay shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond FantomPlay's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, pandemics or shortages of transportation facilities, fuel, energy, labour or materials or any cancellation of any cricket match or a movie premiere to which a Contest relates. In such circumstances, FantomPlay shall also be entitled to cancel any related Contest(s) and to process an appropriate refund for all participants.

• FantomPlay's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

• Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the FantomPlay or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.

• These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and FantomPlay Private Limited and govern your use of the FantomPlay, superseding any prior agreements that any User may have with FantomPlay Private Limited.

• If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force.

• FantomPlay reserves the right to moderate, restrict or ban the use of the FantomPlay, specifically to any User, or generally, in accordance with FantomPlay's policy/policies from time to time, at its sole and absolute discretion and without any notice.

• FantomPlay may, at its sole and absolute discretion, permanently close or temporarily suspend any FantomPlay Services (including any Contest(s)).

• FantomPlay may from time to time conduct/organize, promotions/offers on the platform. Any two or more promotions cannot be clubbed together with any other promotions that are running simultaneously on the FantomPlay platform.

GRIEVANCE REDRESSAL MECHANISM

• In case you have any complaints or grievance pertaining to (i) any User Content that you believe violates these Terms (other than an infringement of Intellectual Property Rights) for the reporting mechanism for such claims), (ii) your access to the App/Website/Platform or (iii) any User Content which you believe is, prima facie, in the nature of any material which is obscene, defamatory towards the complainant or any person on whose behalf you are making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by writing to: contact@fantomplay.com.

• In your complaint or grievance, please include the following information:

  • Your name and contact details: name, address, contact number and email address;
  • Your relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person;
  • The name and age of the person aggrieved or affected by the subject matter of the complaint, in case you are acting on behalf of such person and a statement, under penalty of perjury, that you are authorised to act on behalf of such person and to provide such person's personal information to us in relation to the complaint/grievance;
  • Description of the complaint or grievance with clear identification of the User Content in relation to which such complaint or grievance is made;
  • A statement that you believe, in good faith, that the User Content violates these Terms;
  • A statement that the information provided in the complaint or grievance is accurate.

• The Company respects the Intellectual Property Rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners. You are requested to send us a written notice/ intimation if you notice any act of infringement on the Platform, which must include the following information:

  • A clear identification of the copyrighted work allegedly infringed;
  • A clear identification of the allegedly infringing material on the Platform;
  • Your contact details: name, address, e-mail address and phone number;
  • A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Platform is not authorized by your agent or the law;
  • A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
  • Your signature or a signature of your authorized agent.

• The aforesaid notices can be sent to the Company by email at contact@fantomplay.com.

• On receiving such complaint, grievance or notice, the Company reserves the right to investigate and/or take such action as the Company may deem appropriate. The Company may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same.

• The name and title of the Grievance Redressal Officer is as follows:

  • Name: Shantanu Sapre
  • Email: shantanu.sapre@fantomplay.com

• The Grievance Officer identified above pursuant to the provisions of applicable laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019 and the Digital Personal Data Protection Act, 2023 and the Rules enacted under those laws.

• The Company reserves the right to replace the Grievance Redressal Officer at its discretion through publication of the name and title of such replacement on the website, which replacement shall come into effect immediately upon publication.