TERMS & CONDITIONS
The Club11 users are compulsory to pursue certain Terms & Conditions connected with the custom of Club11. It is obligatory for the users to follow the terms and conditions of Club11 while using the services provided by Club11:
The Club11 app is neither associated by nor connected to some kind of private or government cricket leagues and tournaments pending and except affirmed by the organization. In calculation to this, the CLUB11 app is not connected and does not continue any official status with any of the official or non-official cricket team or sportsperson. We do not promote, maintain or cheer up betting or gambling in any form.
Club11 used as a single entity anywhere in this document and all sections of T&C, should mean and constitutes of Club11.co.in website and CLUB11 Fantasy cricket app on both android and iOS store.
2. Intellectual Property
- The Club11 app comprises of a group of content exclusively developed by Club11, the partners of Club11, licensors, associates and/or Users of Club11. The partners, licensors, associates of Club11 and/ or Club11 itself holds the intellectual property rights (“Intellectual Property Rights”) in all software underlying Club11.co.in and completely owns the Fun Features and material published on Club11.co.in, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation. The users are not permitted to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or exploit any of the materials or content published on Club11.co.in in any manner, either in whole or in part until and unless users have written license from Club11 team or authorities.
- The users can request permission for modifying, publishing, transmitting, participating in the transfer of, reproducing, creating derivative works of, or publicly displaying any of the materials or content publishedonClub11.co.in from firstname.lastname@example.org
- The users of Club11 hold the solitary responsibility of all the materials (whether publicly posted or confidentially transmitted) that they upload, post, e-mail, broadcast or otherwise make available on Club11.co.in ("Users' Content"). The users of Club11 Cricket league assures that they hold and own all the Intellectual Property Rights in the User's Content and that none of the material uploaded or posted by the users as a part of the User's content does not hurt or harm any of the third party rights. The users also ensure not to use or show any of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party associated with or present on Club11.co.in. The users further accept and agree that Club11, its directors, employees, affiliates and assigns holds harmless and unanswerable towards any and/or all sort of costs, damages, loss and harm including towards litigation costs and counsel fees, in case of any claims made by any third party following the display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Club11.co.in, through the User's commissions or omissions
- The users of Club11 by accepting the terms and conditions permit Club11 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 Club11.co.in
- 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 reachable 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.
- User’s permission to receiving communications such as announcements, directorial messages, and advertisements from Club11 or any of its partners, licensors or associates.
3. Third Party Sites, Services, And Products
- There may be a variety of links to other Internet sites owned and operated by third parties on Club11.co.in which may enclose diverse conditions for users' use of the site. The Club11 authorities do not hold any control or responsibilities for internet sites apart from Club11.co.in, and thus, it shall not be held responsible or blame for any content posted on any third party Internet site. Further, the involvement of Club11 with any of the third-party content or links to third-party Internet sites is not related to any sort of endorsement by Club11 of such third-party Internet site. Club11 is neither associated with nor responsible for the correspondence, transactions, and all other related activities between the user and third parties including payment providers and verification service providers on Club11.co.in. Accepting the Terms and Conditions of Club11 the users agree that Club11 is not responsible for any sort of damage or loss faced by the users due to any sort of transactions, correspondence and all related activities with any of the third parties. Any questions, complaints, or claims connected to any third party product or service should be heading for the appropriate vendor. The users' involvement with third parties is completely dependent on the terms and conditions, policies and services terms of these third parties and the users are solely responsible for reviewing the policies, terms and conditions, and the service terms of these third parties before transacting or availing any of the services.
- Club11.co.in comprises a group of content created and posted by either Club11 as well as various third parties. Club11 does not hold responsible for the accuracy, integrity or the quality of the content created and posted by any of the third parties and such content may not be relied upon by the Users in terms of using the Fun Features provided by the Club11 platform or taking part in any of the contests hosted on the Club11 platform.
4. User Conduct
- Restricting, suspending, or terminating any User’s access to all or any part of Club11.co.in Fun Features;
- Deactivating or deleting a User’s account and all related information and files on the account.
- Refraining from awarding any prize(s) to such User.
- By accepting the Terms and Conditions of Club11, the individual’s using services provided by Club11 agree to provide true, accurate, current and complete information while registration and at other times when demanded by Club11. The individuals further provide consent to keeping their registration information updated.
- A single user is permitted to register or operate only one user account with Club11 (inclusive of both web & app).
- The individuals using the services provided by Club11 provide their consent for receiving all the communications from Club11 by marking e-mails from Club11.co.in as part of their "safe senders" list. In an event, if any of the emails sent by Club11 remains unread by the user because of being sent to the Spam or Junk folders, Club11 shall not be held responsible.
- Any sort of password issued by Club11 to any of the individual using the services provided by Club11 is confidential and should not be shared by the users with anyone else. The users hold the sole responsibility of maintaining the confidentiality of their accounts and passwords. The users offer their consent by agreeing to the Terms and Conditions of Club11 to inform Club11 about any unauthorized use of their passwords or accounts or any other breach of security.
- The user is solely responsible for the security and confidentiality of his/her payment accounts linked to his/her Club11 account. In case of any misuse of the linked payment accounts of the user, Club11 shall not be held liable; further, such misuse of the linked payment accounts of the user should be reported to Club11 as soon as it comes to the notice of the user.
- The users ensure to exit/log-out of their accounts after the completion of each session. In case of any sort of loss or damage faced by the user due to the failure of abiding these rules and regulations, Club11 shall not be held responsible.
- The individuals using services provided by Club11 should neither conduct nor assist the usage of cheats, exploits, automation, software, bots, hacks or any unauthorized third-party software specifically formulated for modifying or intervening with Club11.co.in Fun Features and/or Club11 experience.
- The individuals using services offered by Club11 platform provides their consent of not copying, modifying the technology and software associated with Club11 and Fun Features. Further, the users accept not to rent, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to anyone of the associated technologies and software.
- The Terms and Conditions of Club11 bounds the users to neither modify nor become a cause of modification of any of the files, technology or software associated with Club11.
- The users provide their approval to not to disrupting, overburdening, or promoting any kind of disruption or overburdening to:
- The servers or computers offering or supporting Club11 services or Fun Features.
- The enjoyment of Club11.co.in's Fun Features by other Users or persons.
- The Terms and Conditions of Club11 do not permit the user to attain any sort of unauthorized access to the User accounts, Servers or networks associated to Club11.co.in's Fun Features by any means except the user interface provided by Club11. The user must not indulge in activities like 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 associated with the Fun Features provided by Club11.
- The users provide their acceptance for not using the Club11 platform for any sort of inadequate activities including (but not limited to):
- 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 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, Club11.co.in, any software, hardware, or telecommunications equipment;
- To advertise, offer or sell any goods or services for any commercial purpose on Club11.co.in without the express written consent of Club11;
- To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- The users are bound to accept that they will neither support or conduct any sort of attack including (but not limited to) distribution of a virus, denial of service, or other attempts to interrupt the services provided by Club11 or the use or enjoyment of other Club11 users.
5. 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
- State of Residence
- Date of birth
- Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
- 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.
6. Contest(s), Participation and Prizes
- As part of its services, Club11 may make available the contest(s) on the Club11 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.
- Club11 reserves the right to abandon a specific round or adjust the deadline of a round in certain specific, uncertain scenarios, which are beyond Club11’s reasonable control, including but not limited to the ones’ mentioned herein below:
- Actual match start time is before the official deadline:
- Club11 reserves the right to adjust the deadline to a maximum of 10 minutes (maximum) post actual match start time. In case the actual match start time is more than 10 minutes of official deadline, the contest will be abandoned.
- Club11 reserves the right to adjust the deadline by a Maximum of 10 minutes or 3 overs bowled, whichever is less, before the official match start time.
- In cases where official match time cannot be verified by Club11 through reliable and/or publicly available sources, Club11 reserves the right to adjust the deadline to such a time by which a maximum of 3 overs in the given match are bowled.
- Actual match start time is after the official deadline:
Club11 reserves the right to extend the deadline or abandon the contest/game based on the circumstances such as delayed toss, interruption on account of weathers, non-appearance of teams, technical/equipment glitches causing delays etc.
- Club11 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', footballers', ‘basketball players’, ‘hockey players’ or kabaddi players (as applicable) 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 Club11 Services shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by:
- Other rules and regulations (including rules and regulation in relation to any payments made to participate in the Contest(s); and all Participants agree to abide by the same.
- Currently, there are paid versions of the Contest(s) made available on Club11 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 Club11 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 Club11 Services. However, unless Club11 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 Club11 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 Club11 in its sole discretion.
- Participant shall pay a pre-designated amount for participating in the contest(s) being created on the Club11 platform.
In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Odisha, Sikkim, Nagaland 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).
7. Contest Formats
- Currently two formats of contest(s) are made available on Club11 platform (1) Public Contest where Users can participate in a Contest with other Users without any restriction on participation and (2) private contests, where Users can invite specific Users into a Contest and restrict participation to such invited Users. A user can enter into a maximum of 500 contest (including both Public contests and Private contests) per match. Any participation in a contest more than 500 shall be automatically prohibited. All rules applicable to Contest(s) as set out herein shall be applicable to both formats of the Contest(s).
- Public contest
- In the Public contest format of the Contest(s), Club11 may make available the Contest(s) comprising of 2 - 100 Participants or any other pre-designated number of Participants.
- Club11 may create this format of the Contest(s) as a paid format and the Winner will be determinable at the end of the match as per rule of the contests.
- The number of Participants required to make the Contest(s) operational will be pre-specified and once the number of Participants in such Contest(s) equals the pre-specified number required for that Contest(s), such Contest(s) shall be operational. In case the number of Participants is less than the pre-specified number at the time of commencement of the match, such Contest(s) will not be operational and the pre-designated amount paid by each Participant shall be returned to the account of such User without any charge or deduction.
- In certain Contests across the Club11 Services, designated as "Confirmed contests", the Contest(s) shall become operational even if a single Participant joins a Confirmed Contest. The pre-specified number of winners to be declared in such Contest(s), even if all available Participant slots (as pre-specified in relation to the Contest(s)) remain unfilled. It is clarified that notwithstanding the activation of such Contest(s), Participants can continue to join such Contest(s) till either (i) all available Participant slots of such Contest(s) are filled or (ii) the match to which the Contest (s) relates commences, whichever is earlier. In the event of shortfall in the number of participants joining the Confirmed Contest, prize pool will be manage in same ratio in terms of joining fees pool and prize pool no matter the contest is confirmed. Club11 here by assured that a confirmed contest will not cancelled but prize pool will be changed in the ratio of number of participants and predesigned prize pool.
- The power play function is only limited to batting and bowling performance of your selected players.
- Private contest
- o In the Private contest format of the Contest(s), Club11 enables Users to create a contest ("Private contest") and invite other users, whether existing Users or otherwise, ("Invited User") to create Teams and participate in the Contest(s). Users may create a Private contest to consist of a pre-specified number of Participants that is, consisting of either 2 -100 Participants. The User creating the Private contest shall pay the pre-designated amount for such Private contest and thereby join that Private contest and shall supply a name for the Private contest and be provided with a unique identification code ("contest Code") (which will be issued to the account of such User). The User agrees and understands that once the Private contest is created no change shall be permitted in the terms or constitution of the Private contest, except for a change in the name of the contest. The User creating the Private contest shall provide Club11 with the email address or Facebook account username of Invited Users to enable Club11 to send a message or mail inviting such Invited User to register with Club11 (if necessary) and participate in the Private contest in relation to which the invite has been issued.
- In order to participate in the Private contest, an Invited User shall input the contest Code associated with the Private contest and pay the pre-designated amount for the Private contest. Once the number of Participants in a Private contest equals the number of pre-specified Participants for that Private contest, the Private contest shall be rendered operative and no other Invited Users or Users shall be permitted to participate in the Private contest. In the event that any Private contest does not contain the pre-specified number of Participants for that Private contest within 1 hour prior to the commencement of the match/Contest, the Platform will initiate an automatic refund of the amount deposited. Such refund shall be processed after the expiry of the deadline for filling of participants for such Private Contest.
- It is clarified that the participation of Invited Users in any Private contest is subject to the pre-specified number of Participants for that Private contest, and Club11 Play Fantasy Cricket shall not be liable to any person for the inability of any Invited User to participate in any Private contest due to any cause whatsoever, including without limitation due to a hardware or technical malfunction or lack of eligibility of such Invited User to participate in the Contest(s).
8. 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 Club11 Services) are games of skill as success of Participants depends primarily on their superior knowledge of the games of cricket and/or football and/or basketball and/or hockey and/or kabaddi statistics, knowledge of players' relative form, players' performance in a particular territory, conditions and/or format (such as ODIs, test cricket and Twenty20 in the cricket world cup daily contest – seven priority 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.
- 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.
- Club11 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 Assam, Odisha, Sikkim, Nagaland or Telangana may not participate in the paid version of the Contest as the laws of these states 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.
- Club11 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 Club11 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.
10. Payment Terms
- In respect of any transactions entered into on the Club11 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 Club11 Services charged by Club11 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 Escrow Account with a Trustee , which is responsible for management of user account and prize pool, until determination of the Winners and distribution of prizes. Club11 receives only its share of the platform Fees through the said Escrow Agent and has no control over the User Funds held by the Escrow Agent in a dedicated non-interest earning Escrow Account.
- The Club11 reserves the right to charge a Platform Fee, which would be specified and notified by Club11 on the Contest page, being created on Club11 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 Club11 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 Club11 apk 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 Club11 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 the designated payment gateway shall be credited to User’s Unutilized Account’.
- Each time a User participates in any contest on Club11 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) or for withdrawal in accordance with these Terms and Conditions.
- 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.
- A User shall be permitted to withdraw any amounts credited into such User's 'Unutilized' Account for any reason whatsoever by contacting Club11 Customer Support. All amounts credited into a User's 'Unutilized' Account must be utilized within 335 days of credit. In case any unutilized amount lies in the 'Unutilized' Account after the completion of 335 days from the date of credit of such amount, Club11 reserves the right to forfeit such unutilized 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 Club11 but shall occur automatically upon completion of 335 days from the date of credit of such amount in the User's Winnings Account. In either case, Club11 shall affect an online transfer to the User's bank account on record with Club11 within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings Account. Club11 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 Club11. 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 Club11 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 Club11, as well as the name and address existing in the records of the User's bank account as provided to Club11. In the event that no bank account has been registered by the User against such User's account with Club11, or the User has not verified his/her User account with Club11, to Club11's satisfaction and in accordance with these Terms and Conditions, Club11 shall provide such User with a notification to the User's email address as on record with Club11 at least 30 days prior to the Auto Transfer Date, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by the Auto Transfer Date, Club11 shall be entitled to forfeit any amounts subject to transfer on the Auto Transfer Date. Failure to provide Club11 with a valid bank account or valid identification documents (to Club11's satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause.
- Further, in order to conduct promotional activities, Club11 may gratuitously issue Bonus points (Called as 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 in to the Cash Bonus. The usage of any points issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such points must be used, as applied by Club11 and notified to the User at the time of issue of such amount. The issue of any points to the user is subject to the sole discretion of Club11 and cannot be demanded by any User as a matter of right. The issue of any such amount by Deam11 on any day shall not entitle the user to demand the issuance of such amount at any subsequent period in time nor create an expectation of recurring issue of such amount by Club11 to such User. The bonus points/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 bonus points 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 Club11 or such account if terminated by Club11, all bonus points granted to the user shall return to Club11 and the User shall not have any right or interest on such points.
- All cash bonus credited in the User account shall be valid for a period of 14 days from the date of credit. The cash bonus shall lapse at the end of 14 days and the cash bonus amount shall not reflect in the User account
- Users agree that once they confirm a transaction on Club11, 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 Club11 has on third parties; any transactions on Club11 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 bonus points 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 Club11 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.
- Club11 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.
11. Tabulation of fantasy points
- Club11 may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s). In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, etc., as a result of inaccuracies in or incompleteness of the feed provided by the third party service provider comes to its attention, Club11 Fantasy cricket shall use best efforts to rectify such error prior to the distribution of prizes. However, Club11 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 Club11 in this respect.
12. Selection and Verification of Winners and Conditions relating to the Prizes
If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), Club11 cricket league shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, Club11 may, at its sole and absolute discretion, suspend or terminate such Participant's account.
To the extent permitted by law, Club11 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
Club11 may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against Club11 or question its right to modify such prizes being offered, prior to closure of the contest
Club11 will not bear any responsibility for the transportation or packaging of prizes to the respective winners. Club11 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.
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.
- 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, Club11 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 winning Participants shall be declared Winners and the prize shall be equally divided among such Participants.
Club11 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 Club11, Contest, "Fantasy Rules", etc.
- Contacting Winners
Winners shall be contacted by Club11 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.
Club11 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 Club11. 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. Club11 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 Club11. 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 Club11, such Participant may contact Club11 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 Club11 shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). Club11 shall not entertain any claims or requests for extension of time for submission of documents. Club11 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 matches:
- Determination by Club11 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.
- Tax payables
All prizes shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961. As of April 1, 2018, the TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- is 31.2% of the total prize money amount. In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by Club11 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 tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money.
The decision of Club11 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 - Assam, Odisha, Sikkim, Nagaland 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, Club11 shall disqualify such Participant and forfeit any prize won by such Participant. Further Club11 may, at its sole and absolute discretion, suspend or terminate such Participant's account with Club11. 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 Club11, subject to the processing fee (if any) applicable on such transfers as set out herein.
Acceptance of a prize by the Winner constitutes permission for Club11, 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 Club11 without any charge. The exact dates remain the sole discretion of Club11. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
14. General Conditions
If it comes to the notice of Club11 that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of Club11 that conduct of any such Contest(s) is prohibited, then Club11 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 Contester Contestation any manner.
Employees, directors, affiliates, relatives and family members of Club11, will not be eligible to participate in any Contest(s).
15. Dispute and 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 Club11 Services provided by Club11 (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 Club11, 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 Mumbai, 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 Club11 from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Club11'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 Club11 to pursue any remedy for monetary damages through the arbitration described herein.
16. Release and Limitations of Liability
- Users shall access the Club11 Services provided on Club11 voluntarily and at their own risk. Club11 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 Club11 Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
- By entering the contests and accessing the Club11 Services provided therein, Users hereby release from and agree to indemnify Club11, 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 Club11 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.
- Club11 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 Club11 Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Club11 Services, including provision of incorrect address or other personal details. Users also undertake to indemnify Club11 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 Club11 on account of such act on the part of the Users.
- Users shall indemnify, defend, and hold Club11 harmless from any third party/entity/organization claims arising from or related to such User's engagement with the Club11 or participation in any Contest. In no event shall Club11 be liable to any User for acts or omissions arising out of or related to User's engagement with the Club11 or his/her participation in any Contest(s).
- In consideration of Club11 allowing Users to access the Club11 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 Club11, 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 Club11 Services or related to the Contests or the prizes of the Contests.
- To the extent permitted under law, neither Club11 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, Club11 shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Club11 services or sites, cancellation of competition and prizes. Club11 disclaims any responsibility for, and if a User pays for access to one of Club11's Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by Club11's maintenance on the servers or the technology that underlies our sites, failures of Club11'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, Club11 does not provide any warranty as to the content on the Club11(s). Club11(s) content is distributed on an "as is, as available" basis.
- Any material accessed, downloaded or otherwise obtained through Club11 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.
- Club11 shall make best endeavors to ensure that the Club11(s) is error-free and secure, however, neither Club11 nor any of its partners, licensors or associates makes any warranty that:
- the Club11(s) will meet Users' requirements,
- Club11(s) will be uninterrupted, timely, secure, or error free
- The results that may be obtained from the use of Club11(s) will be accurate or reliable; and
- The quality of any products, Club11 Services, information, or other material that Users purchase or obtain through Club11com(s) will meet Users' expectations.
- In case Club11 discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User's account, Club11 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, Club11 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 Club11 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 Club11 Services, events or Contest(s) being hosted or provided, or intended to be hosted on Club11 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 Club11 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.
- Club11 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 Club11 posting them on the Club11 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 Club11. If they do not provide Club11 with accurate information, Club11 cannot be held liable for failure to notify the User.
- Club11 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 Club11'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 Contest relates. In such circumstances, Club11 shall also be entitled to cancel any related Contest(s) and to process an appropriate refund for all Participants.
- Club11'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 Club11 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 Club11 Gaming Private Limited and govern your use of the Club11, superseding any prior agreements that any User may have with Club11 Gaming 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.
- Club11 reserves the right to moderate, restrict or ban the use of the Club11, specifically to any User, or generally, in accordance with Club11’s policy/policies from time to time, at its sole and absolute discretion and without any notices.
- Club11 may, at its sole and absolute discretion, permanently close or temporarily suspend any Club11 Services (including any Contest(s)).
19. Standard Terms and Conditions Of "Reffer and Earn" Program
- Club11 provides you an opportunity to compete with your friends by referring them for joining Club11 through the Refer and Earn Program of Club11. The refer and earn program of Club11 enables you to Refer friends alongside offering you and your referred friends a Cash Bonus of up to Rs.100 in an event wherein you and your referred friend meet the criteria and complete all the steps specified in these terms. The Cash Bonus earned by you and your referred friend will be redeemable to join cash contests and contests through the Club11’s mobile application for the iOS and/or Android mobile devices. The following Terms and Conditions are defined by Club11 for participating in the Refer & Earn program. These Terms and Conditions should be followed by the users as they govern the user’s participation in the Program:
The users that: (i) have an account registered and a verified gaming account with Club11; (ii) are eligible to participate in the pay-to-play Club11 fantasy cricket game according to the Terms and Conditions defined by Club11; and (iii) have downloaded and installed the Application on their respective mobile devices, are considered as eligible for participating in the Program. Club11 neither encourages nor permits participation in the program through a proxy.
- Club11 does not permit any user to register or operate more than one gaming account with Club11. The participation in the Program is voluntary, and no user is allowed to participate in the Program with more than one user account.
- The users while participating in the Program provide their consent to abide by these Terms and Conditions of Club11.
- The users in order to participate in the Refer & Earn Program need to download and install Club11's mobile application on their mobile devices. The users post downloading and installing the mobile application on their mobile devices will be provided with a unique link or code, which the user can distribute among his/her friends inviting them to join Club11 by creating and registering an account with Club11, and downloading and installing the mobile application of Club11 on their mobile devices. The referred friend (Referent) of the user (Referrer) already registered with Club11, can use the received link or code by either: (i) Clicking on the link, following which the Referent would be landed on to the registration page of Club11 wherein he can create and register an account with Club11, and download and install the mobile application on his/her device; or (ii) the Referent can directly download and install the Club11's mobile application on his/her device, create and register an account with Club11, and enter the unique code shared by the Referrer.
- The Cash Bonus provided to the Referent and the Referrer under the Refer & Earn program of Club11 can only be earned by the user and its referred friend in an event they abide by other terms specified in these Terms, including: (i) The referred friend of the user should not be already registered with Club11, (ii) both the user and its referred friend are responsible for participating in the pay-to-play cricket contest organized by Club11 in alignment to the Terms and Conditions defined by Club11, (iii) the referred friend of the user should successfully create, register and verify an account with Club11 using the unique link or code provided by the Referrer; and (iv) the user and his/her referred friend should agree to the license agreement of Club11's mobile app, and should download and install the Club11's mobile application in accordance to their mobile device platforms. The already registered users of Club11 as defined in these Terms and Conditions refers to an individual who presently operates or holds an account registered with Club11 or a user who operated or had an account with Club11 at some point of time.
- Club11 neither permits nor encourages an already registered user of Club11 to register a new account under a new name in order to earn Cash Bonus. Club11 is authorized to take adequate actions if a user registering with the Platform is identified to be an existing user of Club11.
- Any user won't be allowed to make any withdrawals from his gaming account registered with Club11 until the completion of the verification process of a Referrer/Referent. An already registered user with Club11 or his/her referred friend is permitted to seek voluntary verification by clicking on the 'Verify' tab. However, the Referent can also verify his/her personal and contact information at the time of registration of an account with Club11 through the Club11's mobile application.
- REFERENT BONUS
The Cash Bonus earned by the referred friend of already registered user with Club11 is subjected to various Terms and Conditions, and the bonus amount earned will be provided to the Referent on the successful completion of the verification process which includes email verification, mobile verification, and PAN card verification. As soon as the Referent registers on Club11 a cash bonus of ₹25 will be credited into the Club11 wallet of the Referent. Further, as soon as the Referent verifies his/her PAN card details, a cash bonus amount of ₹75 will be credited instantly to his/her Club11 account. In a rare event, if the referred friend of the existing user of Club11 fails to successfully verify his/her personal and contact details within the Verification Period or omits to provide documents requested for such verification, the Referent shall not be eligible for receiving the entitled Referent Bonus (as specified above).
- REFERRER BONUS
The already registered user of Club11 for receiving the entitled “Referrer Bonus” must have downloaded and installed the Club11’s mobile application on his/her mobile devices. b) The Credit of the is contingent on the Referent's successful verification of the Referent’s personal and co