Usage of TFG
Any person (“User”) accessing TFG or the TFG app for participating in the various contests and games (including fantasy games), available on TFG platform (“Contest(s)”) shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by TFG in relation to any TFG Services.
TFG shall be entitled to modify these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by TFG in relation to any TFG Services, at any time, by posting the same on TFG. Use of TFG constitutes the User’s acceptance of such Terms and Conditions, rules, regulations and terms of use referred to herein or provided by TFG in relation to any TFG Services, as may be amended from time to time. TFG may, at its sole discretion, also notify the User of any change or modification in these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by TFG, by way of sending an email to the User’s registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by TFG. If such options are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by TFG
Certain TFG Services being provided on TFG may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail
TFG may, at its sole and absolute discretion:
Restrict, suspend, or terminate any User’s access to all or any part of TFG or TFG Platform Services;
Change, suspend, or discontinue all or any part of the TFG Platform Services;
Reject, move, or remove any material that may be submitted by a User;
Move or remove any content that is available on TFG Platform;
Deactivate or delete a User’s account and all related information and files on the account;
Establish general practices and limits concerning use of TFG Platform;
Offer discounts to its users in form it deems fit (“Cash Bonus”). All such discounts shall be credited in a separate account called as Cash Bonus Account
Revise or make additions and/or deletions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant Sports Event;
Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids)
In the event any User breaches, or TFG reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used TFG or the TFG Services, TFG may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User’s access to all or any part of TFG Contests or the TFG Platform, deactivate or delete the User’s account and all related information on the account, delete any content posted by the User on TFG and further, take technical and legal steps as it deems necessary
If TFG charges its Users a platform fee in respect of any TFG Services, TFG shall, without delay, repay such platform fee in the event of suspension or removal of the User’s account or TFG Services on account of any negligence or deficiency on the part of TFG, but not if such suspension or removal is effected due to:
any breach or inadequate performance by the User of any of these Terms and Conditions; or
any circumstances beyond the reasonable control of TFG.
Users consent to receiving communications such as announcements, administrative messages and advertisements from TFG or any of its partners, licensors or associates.
Intellectual Property
TFG includes a combination of content created by TFG, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights (“Intellectual Property Rights”) in all software underlying TFG and the TFG Platform and material published on TFG, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by TFG, its partners, licensors and/or associates. 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 TFG either in whole or in part without express written license from TFG
Users may request permission to use any TFG content by writing in to TFG Helpdesk.
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 TFG (“Users’ Content”). Each User represents and warrants that he/she owns 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 TFG. Users agree to indemnify and hold harmless TFG, 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 TFG, by such User or through the User’s commissions or omissions
Users hereby grant to TFG 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 TFG
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.
This license shall apply to the distribution and the storage of Users’ Content in any form, medium, or technology.
All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on TFG 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 TFG.
Third Party Sites, Services and Products
TFG may contain links to other 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. TFG does not exercise control over any Internet sites apart from TFG and cannot be held responsible for any content residing in any third-party Internet site. TFG ‘s inclusion of third-party content or links to third-party Internet sites is not an endorsement by TFG of such third-party Internet site.
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 TFG 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.
TFG contains content that is created by TFG as well as content provided by third parties. TFG does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the TFG Services provided on TFG including while participating in any of the contests hosted on TFG.
Privacy Policy
All information collected from Users, such as registration and credit card information, is subject to TFG ‘s Privacy Policy which is available at Privacy Policy
User Conduct
Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, TFG 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 TFG Services;
deactivating or deleting a User’s account and all related information and files on the account. Any amount remaining unused in the User’s Game account or Winnings Account on the date of deactivation or deletion shall be transferred to the User’s bank account on record with TFG 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.
Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by TFG). Users further agree to update and keep updated their registration information
A User shall not register or operate more than one User account with TFG.
Users agree to ensure that they can receive all communication from TFG by marking e-mails or sending SMSs from TFG as part of their “safe senders” list. TFG 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.
Any password issued by TFG to a User may not be revealed to anyone else. Users may not use anyone else’s password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify TFG of any unauthorized use of their passwords or accounts or any other breach of security.
Users agree to exit/log-out of their accounts at the end of each session. TFG shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with TFG Services and/or TFG experience or assist in such activity.
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 TFG or TFG’s Services.
Users agree that without TFG ‘s express written consent, they shall not modify or cause to be modified any files or software that are part of TFG ‘s Services.
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 TFG or the TFG’s Services (each a “Server”); or (2) the enjoyment of TFG Services by any other User or person.
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 TFG Services or any other person’s use or enjoyment of TFG Services.
Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to TFG Services by any means other than the User interface provided by TFG, 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 TFG Services.
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.
Without limiting the foregoing, Users agree not to use TFG 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, TFG, any software, hardware, or telecommunications equipment;
To advertise, offer or sell any goods or services for any commercial purpose on TFG without the express written consent of TFG;
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 TFG, servers, or networks;
To impersonate any person or entity, including, but not limited to, a representative of TFG, 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 TFG or to manipulate User’s presence on TFG (s);
To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
To engage in any illegal activities. You 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.
If a User chooses a username that, in TFG ‘s considered opinion is obscene, indecent, abusive or that might subject TFG 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, TFG reserves the right, without prior notice to the User, to restrict usage of such names, which in TFG’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 TFG, deny such User access to TFG, or any combination of these options.
Unauthorized access to TFG is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access TFG by any means other than through the interface that is provided by TFG for use in accessing TFG. Users gree 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.
Use of TFG is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit TFG ‘s right to comply with governmental, court, and law-enforcement requests or requirements relating to Users’ use of TFG.
Users may reach out to TFG through support@tradefantasygame.com.
If the user has any concerns with regard to a match and/or contest within 7 days of winner declaration for the concerned contest.
Persons below the age of eighteen (18) years are not allowed to participate on any of the contests, games (by whatever name called) on the TFG Platform. The Users will have to disclose their real age at the time of getting access into the TFG Platform.
TFG may not be held responsible for any content contributed by Users on the TFG.
User hereby confirms that he / she is participating in a contest in personal capacity and not in the course of business and /or profession.
Conditions of Participation:
By entering a Contest, user agrees to be bound by these Terms and the decisions of TFG. Subject to the terms and conditions stipulated herein below, the Company, 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 the Company 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 ones’ 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 TFG 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 the Terms of Use;
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 Cash Bonus misuse, misuse of the Invite Friends 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 TFG 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, TFG 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.
Registration for a contest
In order to register for the Contest(s), Participants are required to accurately provide the following information:
Full Name
Team Name(s)
E-mail address
Password
State of Residence
Gender
Date of birth
Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
In the event a Participant indicates, while entering an address, that he/she is a resident of either Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana such Participant will not be permitted to proceed to sign up for any match in the paid version of the Contest as described below.
Once the Participants have entered the above information, and clicked on the “register” tab, and such Participants are above the age of 18 years, they are sent an email confirming their registration and containing their login information.
Contest(s), Participation and Prizes
As part of its services, TFG may make available the contest(s) on the TFG platform.
Depending upon the circumstances of each match, the participants can edit their teams till the official match start time as declared by the officials of the Sport Event or adjusted deadline, as specified below.
TFG reserves the right to abandon a specific round or adjust the deadline of a round in certain specific, uncertain scenarios, which are beyond TFG’s reasonable control, including but not limited to the ones’ mentioned herein below:
Actual match start time is before the official deadline:
TFG shall endeavor to send communications through emails and/or SMS communication, about any such change as is contemplated in the aforementioned paragraphs to keep the User updated.
Teams are awarded points on the basis of the real life cricketers’, performances at the end of a designated match, match or tournament of the Contest(s). The Participant(s) whose Team(s) have achieved the highest aggregate score(s) in the Contest(s) shall be declared winners (“Winners”). In certain pre-specified Contests, there may be more than one Winner and distribution of prizes to such Winners will be in increasing order of their Team’s aggregate score at the end of the designated match(s) of the Contests.
The Contest(s) across the TFG Services shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by:
Currently, there are paid versions of the Contest(s) made available on TFG platform. Users may participate in the Contest(s) by paying the pre-designated amount as provided on the relevant Contest page. The ‘pre-designated amount’ means and includes pre-determined platform fee for accessing TFG services and pre-determined participant’’s contribution towards prize money pool. The Participant with the highest aggregate points at the end of the pre-determined match shall be eligible to win a pre-designated prize which is disbursed out of prize money pool, as stated on the relevant Contest(s) page.
A Participant may create different Teams for participation in Contest(s) in relation to a Sport Event across the TFG Services. However, unless TFG specifies otherwise in relation to any Contest (““Multiple Entry Contest””), Participants acknowledge and agree that they may enter only one Team in any Contest offered in relation to a Sport Event. In case of Multiple Entry Contest(s), a Participant may enter more than one Team in a single Multiple Entry Contest. In addition, it is expressly clarified that TFG may, from time to time, restrict the maximum number of Teams that may be created by a single User account (for each format of the contest) or which a single User account may enter in a particular Multiple Entry Contest, in each case to such number as determined by TFG in its sole discretion.
Participant shall pay a pre-designated amount for participating in the contest(s) being created on the TFG platform.
In the event a Participant indicates, while entering an address, that he/she is a resident of either Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana such Participant will not be permitted to proceed to sign up for the match or contest and may not participate in any paid version of the Contest(s).
In the event of a tie, the company shall have the following two options; A) distribute the winnings equally among the tie-winners and B. Better rank shall be given to the team who created the team first.In the event a user is found to be violating this policy, the Company reserves the right to initiate appropriate action against such users as it deems fit, which shall also include forfeiture of the Cash Bonus Amount.
Contest Formats
Currently JCDC provides for two formats only;
Free i.e. no contest entry fee and
Paid Contest entry fee.
Legality of Game of Skill
Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
The Contest (s) described above (across the TFG Services) are games of skill as success of Participants depends primarily on their superior knowledge of the game of knowledge of players’ relative form, players’ performance in a particular territory, conditions and/or format (such as ODIs, test cricket and Twenty20 in the cricket fantasy game), attention and dedication towards the Contest(s) and adroitness in playing the Contest(s). The Contest(s) also requires Participants to field well-balanced sides with limited resources and make substitutions at appropriate times to gain the maximum points.
By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
Eligibility
The Contest(s) are open only to persons above the age of 18 years.
The Contest(s) are open only to persons, currently residing in India.
TFG may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana may not participate in the paid version of the Contest as the laws of these states are unclear/ bar persons from participating in games of skill where participants are required to pay to enter.
Persons who wish to participate must have a valid email address.
TFG may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be one with insider knowledge of participating teams in any given contests/match, organizing boards, leagues etc.
Only those Participants who have successfully registered on the TFG as well as registered prior to each match in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.
Payment Terms
In respect of any transactions entered into on the TFG platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
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 the TFG Services charged by TFG and pre-determined participant’s contribution towards prize money pool.
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 TFG 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) TFG (towards its Platform Fees) and to (c) Government (towards TDS on Winnings Amount). TFG receives only its share of the platform Fees through the said Escrow Agent.
The TFG reserves the right to charge a Platform Fee, which would be specified and notified by TFG on the Contest page, being created on TFG platform, prior to a User’s joining of such Contest. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s account balance and TFG shall issue an invoice for such debit to the User.
The 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 TFG 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 maintained with the Trustee.
Any user availing TFG services are provided with two categories of accounts for the processing and reconciliation of payments: (i) ‘Unutilized’ Account, (ii) Winnings 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:
User’s winnings in any Contest will reflect as credits to the User’s Winnings Account.
User’s remitting the amount through the designated payment gateway shall be credited to User’s Unutilized Account’.
Each time a User participates in any contest on TFG platform, the pre-designated amount shall be debited in 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 Unutilized Account and thereafter, any remaining amount of participation fee shall be debited from the User’s Winning Account.
In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Contest(s), the User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s ‘Unutilized’ Account and will be available for use in participation in any match(s) or Contest(s).
Debits from the ‘Unutilized’ 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 ‘Unutilized’ Account, and accordingly amounts credited into ‘Unutilized’ Account earlier in time shall be debited first.
All amounts credited into a User’s ‘Unutilized’ Account must be utilised within 335 days of credit. In case any unutilised amount lies in the ‘Unutilized’ Account after the completion of 335 days from the date of credit of such amount, TFG reserves the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to the User.
Withdrawal of any amount standing to the User’s credit in the Winnings Account may be made by way of a request to TFG. TFG shall effect an online transfer to the User’s bank account on record with TFG within a commercially reasonable period of time. Such transfer will reflect as a debit to the User’s Winnings Account. TFG 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 TFG. Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address in order for TFG 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 TFG, as well as the name and address existing in the records of the User’s bank account as provided to TFG. In the event that no bank account has been registered by the User against such User’s account with TFG, or the User has not verified his/her User account with TFG, to TFG ‘s satisfaction and in accordance with these Terms and Conditions, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account, TFG shall not transfer any Winning amounts to the User.
Further, in order to conduct promotional activities, TFG may gratuitously issue Cash Bonus to the User for the purpose of participation in any Contest(s) and no User shall be permitted to transfer or request the transfer of any amount into the Cash Bonus. The usage of any Cash Bonus issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such Cash Bonus must be used, as applied by TFG and notified to the User at the time of issue of such amount. The issue of any Cash Bonus to the user is subject to the sole discretion of TFG and cannot be demanded by any User as a matter of right. The issue of any Cash Bonus by TFG on any day shall not entitle the user to demand the issuance of such Cash Bonus at any subsequent period in time nor create an expectation of recurring issue of such Cash Bonus by TFG to such User. The Cash Bonus granted to the user may be used by such User for the purpose of setting off against the contribution to prize pool in any Contest, in accordance with these Terms and Conditions. The Cash Bonus shall not be withdraw-able or transferrable to any other account of the User, including the bank account of such User, or of any other User or person, other that as part of the winnings of a User in any Contest(s). In case the User terminates his/her account with TFG or such account if terminated by TFG, all Cash Bonus granted to the user shall return to TFG and the User shall not have any right or interest on such points.
Users agree that once they confirm a transaction on TFG, they shall be bound by and make payment for that transaction.
The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that TFG has on third parties, any transactions on TFG Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User’s ‘Unutilized’ Account or Winnings Account may take up to 24 hours to reflect in the User’s ‘Unutilized’ Account or Winnings Account balance. Similarly, the utilization of the Cash Bonus or money debited from ‘Unutilized’ Account or Winnings Account may take up to 24 hours to reflect in the User’s ‘Unutilized’ Account or Winnings Account balance. Users agree not to raise any complaint or claim against TFG in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting of transaction amount into any of the User’s accounts
A transaction, once confirmed, is final and no cancellation is permissible.
TFG 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.
Tabulation of fantasy points
TFG may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s) and/or official website of the match organiser. In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, abandonment of a match etc., as a result of inaccuracies in or incompleteness of the feed provided by the third party service provider and/or official website of the match organiser comes to its attention, TFG shall use best efforts to rectify such error prior to the distribution of prizes. However, TFG hereby clarifies that it relies on the accuracy and completeness of such third party score/statistic feeds and does not itself warrant or make any representations concerning the accuracy thereof and, in any event, shall take no responsibility for inaccuracies in computation and tabulation of fantasy points or the selection of winners as a result of any inaccurate or incomplete scores/statistics received from such third party service provider. Users and Participants agree not to make any claim or raise any complaint against TFG in this respect.
Selection and Verification of Winners and Conditions relating to the Prizes
Selection of Winners
Winners will be decided on the basis of the scores of the Teams in a designated match (which may last anywhere between one day and an entire tournament) of the Contest(s). The Participant(s) owning the Team(s) with the highest aggregate score in a particular match shall be declared the Winner(s). In certain pre-specified Contests, TFG may declare more than one Winner and distribute prizes to such Winners in increasing order of their Team’s aggregate score at the end of the designated match of the Contest. The contemplated number of Winners and the prize due to each Winner in such Contest shall be as specified on the Contest page prior to the commencement of the Contest.
Participants creating Teams on behalf of any other Participant or person shall be disqualified.
In the event of a tie, the company shall have the following two options; A) distribute the winnings equally among the tie-winners and B. Better rank shall be given to the team who created the team first.
TFG shall not be liable to pay any prize if it is discovered that the Winner(s) have not abided by these Terms and Conditions, and other rules and regulations in relation to the use of the TFG, Contest, “Fantasy Rules”, etc.
Contacting Winners
Winners shall be contacted by TFG or the third party conducting the Contest on the e-mail address provided at the time of registration. The verification process and the documents required for the collection of prize shall be detailed to the Winners at this stage. As a general practice, winners will be required to provide following documents:
Photocopy of the User’s PAN card;
Photocopy of a government-issued residence proof;
User’s bank account details and proof of the same.
TFG shall not permit a Winner to withdraw his/her prize(s)/accumulated winnings unless the above-mentioned documents have been received and verified within the time-period stipulated by TFG. The User represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate.
Participants are required to provide proper and complete details at the time of registration. TFG shall not be responsible for communications errors, commissions or omissions including those of the Participants due to which the results may not be communicated to the Winner.
The list of Winners shall be posted on a separate web-page on the TFG. The winners will also be intimated by e-mail.
In the event that a Participant has been declared a Winner on the abovementioned web-page but has not received any communication from TFG, such Participant may contact TFG within the time specified on the webpage.
Verification process
Only those Winners who successfully complete the verification process and provide the required documents within the time limit specified by TFG shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). TFG shall not entertain any claims or requests for extension of time for submission of documents.
TFG shall scrutinize all documents submitted and may, at its sole and absolute discretion, disqualify any Winner from withdrawing his accumulated winnings (or any part thereof) on the following matchs:
Determination by TFG that any document or information submitted by the Participant is incorrect, misleading, false, fabricated, incomplete or illegible; or
Participant does not fulfill the Eligibility Criteria specified in Clause 10 above; or
Any other match.
Taxes Payable
All prizes shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961.The TDS rate prescribed by the Government of India with respect to the prize money is 30%. TDS shall be deducted on Net Winnings ( prize money amount – contest entry amount).
For winnings up to 30/06/2023 (u/s 194B): TDS shall be deducted on the prize money in excess of Rs. 10,000/-. Point of deduction shall be at the time of withdrawal of such net winnings from the user account.
For winnings from 01/07/2023 (u/s 194BA): TDS shall be deducted on the entire amount irrespective of any threshold limits. Point of deduction shall be at the time of withdrawal of such net winnings from the user account or end of financial year, whichever is earlier. In case of partial withdrawal of winnings from the account, TDS shall be deducted at the time of withdrawal as well as on the remaining amount in the user account at the end of the financial year.
In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by TFG in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable taxes, including but not limited to, income tax, gift tax, etc. in respect of the prize money.
Miscellaneous
The decision of TFG with respect to the awarding of prizes shall be final, binding and non-contestable.
Participants playing the paid formats of the Contest(s) confirm that they are not residents of any of the following Indian states – Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana. If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the abovementioned states, TFG shall disqualify such Participant and forfeit any prize won by such Participant. Further TFG may, at its sole and absolute discretion, suspend or terminate such Participant’s account with TFG. Any amount remaining unused in the User’s Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User’s bank account on record with TFG, subject to the processing fee (if any) applicable on such transfers as set out herein.
If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), TFG shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, TFG may, at its sole and absolute discretion, suspend or terminate such Participant’s account.
To the extent permitted by law, TFG makes no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same.
TFG may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against TFG or question its right to modify such prizes being offered, prior to closure of the Contest.
TFG will not bear any responsibility for the transportation or packaging of prizes to the respective winners. TFG shall not be held liable for any loss or damage caused to any prizes at the time of such transportation.
The Winners shall bear the shipping, courier or any other delivery cost in respect of the prizes.
The Winners shall bear all transaction charges levied for delivery of cash prizes.
All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.
Publicity
Acceptance of a prize by the Winner constitutes permission for TFG, and its affiliates to use the Winner’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.
The Winners further undertake that they will be available for promotional purposes as planned and desired by TFG without any charge. The exact dates remain the sole discretion of TFG. 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 TFG that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of TFG that conduct of any such Contest(s) is prohibited, then TFG 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, directors, affiliates, relatives and family members of TFG , will not be eligible to participate in any Contest(s).
Dispute and Dispute Resolution
The courts of competent jurisdiction at Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the TFG Services provided by TFG (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or TFG, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification (“Notification”) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
The place of arbitration shall be Delhi, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
Nothing contained in these Terms and Conditions shall prevent TFG from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard TFG ‘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 TFG to pursue any remedy for monetary damages through the arbitration described herein.
Release and Limitations of Liability
Users shall access the TFG Services provided on TFG voluntarily and at their own risk. TFG 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 TFG Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
By entering the contests and accessing the TFG Services provided therein, Users hereby release from and agree to indemnify TFG, 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 TFG 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.
TFG 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 TFG Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to TFG Services, including provision of incorrect address or other personal details. Users also undertake to indemnify TFG 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 TFG on account of such act on the part of the Users.
Users shall indemnify, defend, and hold TFG harmless from any third party/entity/organization claims arising from or related to such User’s engagement with the TFG or participation in any Contest. In no event shall TFG be liable to any User for acts or omissions arising out of or related to User’s engagement with the TFG or his/her participation in any Contest(s).
In consideration of TFG allowing Users to access the TFG 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 TFG, 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 TFG Services or related to the Contests or the prizes of the Contests.
Disclaimers
To the extent permitted under law, neither TFG 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, TFG shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, TFG services or sites, cancellation of competition and prizes. TFG disclaims any responsibility for, and if a User pays for access to one of TFG ‘s Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by TFG ‘s maintenance on the servers or the technology that underlies our sites, failures of TFG ‘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 accept in a condition where the match is undecided or is not continued due to rain and further also in the case if the match starts and the minimum number of users required for the contest have not joined then the contest will be cancelled and refund would be given to the users who had joined. In addition, TFG does not provide any warranty as to the content on the TFG (s). TFG (s) content is distributed on an “as is, as available” basis.
Any material accessed, downloaded or otherwise obtained through TFG 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.
TFG shall make best endeavours to ensure that the TFG (s) is error-free and secure, however, neither TFG nor any of its partners, licensors or associates makes any warranty that:
the TFG (s) will meet Users’ requirements,
TFG (s) will be uninterrupted, timely, secure, or error free
the results that may be obtained from the use of TFG (s) will be accurate or reliable; and
the quality of any products, TFG Services, information, or other material that Users purchase or obtain through TFG com(s) will meet Users’ expectations.
In case TFG discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User’s account, TFG 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, TFG 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 TFG 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 TFG Services, events or Contest(s) being hosted or provided, or intended to be hosted on TFG 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 TFG 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 (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
Miscellaneous
TFG 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 TFG posting them on the TFG 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 TFG. If they do not provide TFG with accurate information, TFG cannot be held liable for failure to notify the User.
TFG 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 TFG ‘s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials or any cancellation of any cricket match to which a Contest relates. In such circumstances, TFG shall also be entitled to cancel any related Contest(s) and to process an appropriate refund for all Participants.
TFG ‘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 TFG 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 JCDC SPORTS Private Limited and govern your use of the TFG, superseding any prior agreements that any User may have with JCDC SPORTS 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.
TFG reserves the right to moderate, restrict or ban the use of the TFG, specifically to any User, or generally, in accordance with TFG ‘s policy/policies from time to time, at its sole and absolute discretion and without any notice.
TFG may, at its sole and absolute discretion, permanently close or temporarily suspend any TFG Services (including any Contest(s)).
TFG 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 TFG platform. Also, promotions/offers cannot be clubbed with Cash Bonus available with any user.
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 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: support@tradefantasygame.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 your 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 authorised 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 authorised to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
Your signature or a signature of your authorised agent.
The aforesaid notices can be sent to the Company by email at support@tradefantasygame.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: Jaya Chahar
Email: support@tradefantasygame.com
Address: JCDC SPORTS PRIVATE LIMITED, 17 F/F DDA, HAUZ KHAS SFS D A NEW DELHI, DELHI, South West
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 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.
Standard Terms and Conditions of “Refer and Earn” program.
The TFG Refer and Earn Program lets you invite friends to join TFG (“Program”). In the event that you and your referred friend meet the criteria and complete all the steps specified in these terms, you can earn a Cash Bonus from TFG.